City of Fairhope denies public records request

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The city of Fairhope has denied a public records request from Gulf Coast Media regarding a claim filed with the city by Human Resources Director Pandora Heathcoe involving an alleged assault by Mayor Karin Wilson.
In a letter emailed by Fairhope City Clerk Lisa Hanks May 25, the city denied the request, stating the claim was not public record.
“It is the policy of the City of Fairhope to provide public records upon request to ensure that our citizens are provided public information about the operation of their city government, subject to limitations provided for by law,” the city’s response stated. “The requested records contain content which is confidential or otherwise exempt from disclosure under Alabama law.”

Gulf Coast Media requested the full copy of the claim filed by Heathcoe on May 19, in which she alleges an assault perpetrated on her by Wilson on Dec. 29, 2016.
Gulf Coast Media has seen a copy of the first page of the claim Heathcoe filed, but requested the full file to be able to fully report on the issue.
From that page, Gulf Coast Media learned Heathcoe met with Wilson and former Fairhope Public Works Director Jennifer Fidler in a meeting where Wilson wanted to create a part-time position and fill it with her campaign volunteer, Lynn Mazer.
Heathcoe wrote she advised the mayor that they needed to create a job description for that position before it could be filled, and said Wilson replied she “didn’t care.”
Heathcoe wrote she reiterated the position must be a budgeted line item because city rules do not allow for the hiring of new employees in non-budgeted positions.
“Wilson started screaming ‘We don’t have a f------ budget,’” Heathcoe alleged in the claim. “While she did so, she shook me violently leaving me dazed. While shaking me, the Mayor yelled ‘How many f------ times do I have to tell you to do something?’”
Heathcoe wrote “the mayor’s assault and battery” left her injured and emotionally shaken. She added she was unable to carry out her work at top form and it continues to leave her emotionally distressed.
Heathcoe wrote in the claim she had filed a police report with the Fairhope police, but has not proceeded to swear out a warrant against Wilson.
Heathcoe wrote in the claim she is receiving medication for “her nerves” and the alleged assault continues to affect her ability to work.
She is seeking damages in the amount of $100,000 against the city.
The claim filed with the city is not a civil claim, but one that procedurally has to be filed with the city before the matter could be taken to a civil court.
Jessica Trotman, an attorney affiliated with the Alabama Press Association, said she and other APA attorneys feel the claim should be public record and the city should release the full version to Gulf Coast Media and other news organizations.
“Given there is no pending criminal investigation ongoing it is a public record that should be disclosed upon request,” Trotman said. “This is nothing more than a notice of claim that has to be filed with the city within six months of an incident.  The notice of claim may also be filed in the Circuit Court as a lawsuit within six months.  If it is filed in the Circuit Court, it will clearly be public, so there is no reason to withhold the information filed with the city clerk.”
Gulf Coast Media is continuing to request the city of Fairhope voluntarily comply with the records request and is currently exploring its legal options on the matter.