Judge orders Overland Park to release records to KC Star in police killing of teen
A judge has ordered Overland Park to release documents related to the 2018 police killing of 17-year-old John Albers after The Kansas City Star sued for the records.
The lawsuit, filed in October, argues that the severance agreement for the officer who fatally shot Albers, Clayton Jenison, is public record under the Kansas Open Records Act.
Jenison, who did not face charges in the killing, was paid $70,000 in a severance agreement when he left the department.
The judge found the agreement is an “employment related contract agreement” and must be disclosed under KORA.
“We’re pleased with the ruling, which underscores importantly that the government doesn’t get to withhold information that is public record. In a tragic case such as this one, sunshine is vital,” Star Editor Mike Fannin said.
In January 2018, police were called to the home on a welfare check for Albers, who was believed to be suicidal. Jenison shot Albers six times as the teenager backed out of the driveway of his family’s home.
Overland Park asked that the section of the agreement that deals with the Employee Assistance Program be redacted, but the court denied that request. The city also asked for signatures on the agreement to be redacted, which was granted.
In addition to asking for the agreement, the lawsuit also asks for attorney’s fees. The court has not ruled on that yet. Overland Park could appeal the judge’s order, but would have to wait until the judge decides on the attorney fee.
While the lawsuit is continuing as a result, Overland Park could release the documents at any point.
“The City is currently evaluating today’s decision by a Johnson County District Court judge,” Overland Park spokesman Sean Reilly said in a statement. “We hope to make a determination soon regarding the city’s next step.”
Push for transparency
Sheila Albers, the mother of John Albers, told The Star Thursday that the ruling let her breathe a sigh of relief. It means there will be some justice for her son, she said.
“My first thought was this is a huge win for sunshine and transparency,” Sheila Albers said. “That was my initial gut reaction. That the government doesn’t get to hide documents that are public record.”
She hopes that this will bring some closure to the community following John Albers’ killing. She said Overland Park’s withholding of information kept the community from being able to move forward.
Sheila Albers, who has also pushed for legislation regarding transparency with police shootings, said she was frustrated that it took a lawsuit to get this result.
“My hope for the future is that this is not only a clear message to municipalities here in Johnson County but municipalities across the country,” Sheila Albers said, “that people, citizens, have the right to know what their government is doing, how they’re spending tax dollars and they deserve to know the thinking behind decisions that impact our daily lives.”
In January 2019, the family reached a settlement agreement with Overland Park for $2.3 million in a wrongful death lawsuit. That lawsuit alleged the officer violated Albers’ constitutional rights.
In January 2021, KSHB sued Overland Park to obtain the Officer-Involved Shooting Investigation Team’s file into the shooting, which the station claims is a public document under the Kansas Open Records Act.
This story was originally published March 18, 2021 at 2:23 PM with the headline "Judge orders Overland Park to release records to KC Star in police killing of teen."
