SOUTH HUTCHINSON, Kan. — Kansas Attorney General Derek Schmidt has executed a settlement with the City of South Hutchinson Police Department to resolve a violation of the Kansas Open Records Act stemming from an accidental shooting that left a 3 year old dead.
In November 2016, the attorney general’s office received a complaint from the Denver office of USA
Today alleging the South Hutchinson Police Department violated the KORA by failing to respond within three business days to a request for a copy of a Kansas Standard Offense Report. The publication was requesting information into the dead infant who was the son of a Reno County Sheriff’s Deputy. The newspaper also wanted photos of the scene, which Police Chief Scott Jones refused to offer.
Jones tells BW News that he was waiting for a legal opinion on the matter when the complaint was filed with the AG’s office. Upon investigation, the attorney general’s office determined the department violated the KORA by failing to timely respond to the request. Additionally, the investigation concluded that the department withheld records that were responsive to the KORA request.
At the conclusion of the investigation, the City of South Hutchinson Police Department signed a Consent Order admitting that it violated the KORA when it failed to respond to the complainant’s request within three business days as required by law. The department also agreed to comply with the requirements of the KORA in responding to future requests and pay a $100 civil penalty.