Kansas City Police Department violated open records law, Jackson County judge rules
Update: A judge on July 31 ruled that the department did not knowingly or purposely violate the Sunshine Law.
The Kansas City Police Department violated a state law on public records when it overcharged a woman seeking body and dashboard camera videos, a Jackson County judge has ruled.
The Missouri Sunshine Law allows public access to some records held by government agencies.
In February 2022, Jannet Morales submitted a request for video recordings by officers who responded to a fatal crash, court documents said.
The police department quoted her a cost of $361.
When Morales asked about the fee, the department said it charges $64 an hour for staff to review and redact sensitive information.
Citing the law, Morales said fees “shall not exceed the average hourly rate of pay for staff of the public governmental body” and that research or review times are not chargeable for records such as videos that are maintained on computers.
After some back and forth, the police department deleted her request.
Morales filed a lawsuit in December 2022 alleging that the department tried to charge a fee that “was arbitrary and capricious.”
In a judgment issued earlier this month, Jackson County Circuit Judge John Torrence found that the police department violated two parts of the Sunshine Law. Torrence concluded that the $64 rate was “improperly calculated because it included the pay rates of more highly compensated persons that are not ‘required for making copies and programming.’” The department also tried to charge for time spent reviewing and redacting records, which is not allowed under the open records law.
Sgt. Phil DiMartino, a spokesman for the Kansas City Police Department, said other aspects of the case remain pending.
“As such we will refrain from comment to ensure fairness for all sides in this matter,” he said.
Torrence will next have to determine if the police department’s actions were “purposeful and/or knowing,” court documents said. A hearing for that part of the case is scheduled for July 29.
This story was originally published June 14, 2024 at 1:05 PM.
