Details on Alexander case sought

The attorney representing former Lake Havasu City Police John Alexander is telling the city to make public all information surrounding Alexander's termination.

In a letter to Interim City Attorney Paul Lenkowsky, dated July 12, attorney Joseph Lambert wrote, “without waiving his right to pursue remedies for a defamatory content of the records requested, Chief Alexander does not object to the city's release of the information.”

On Wednesday, Today's News-Herald submitted a request that the city release the information pertaining to Alexander, as well as notices of claim Alexander filed June 27 against the city and individuals. Under state statute, the city is to “promptly” respond to the request, however, no time frame for the response is outlined in state statute or city ordinance.

Lenkowsky is on vacation, but Mayor Harvey Jackson, who also is a lawyer, said he does not believe that even with Alexander's permission the city could release any information.

“First of all, I'm not in the personnel chain at all,” Jackson said. “I believe that Alexander can release anything, but I don't think there's any provision in law to release personnel matters with or without the person's consent. That's my gut guess, but I think the person can certainly release it.”

On June 30, Today's News-Herald requested the city release “all information, reports, memos, e-mails, communication relating to investigations of Bruce Williams, Mike Ashley, John Alexander and Randy McCaleb dating back to June 1, 2005.”

On July 10, Lenkowsky denied that request.

“The release of such information to a media outlet could have a detrimental effect on not only the impending hearing concerning Mr. Alexander's termination of employment but the public image of Mr. Alexander himself,” Lenkowsky wrote, adding that only the grand jury indictments of Ashley and Williams could be released.

It was Lenkowsky's comment about Alexander's public image that prompted Lambert to send the letter, which states that Lenkowsky is implying that Alexander was involved in city corruption. In the letter Lambert also states that the city has been damaging Alexander's name by implication and innuendo

“It's high time that they quit getting away with saying he was involved,” Lambert said. “I don't know what is motivating this. I have my suspicions but we don't know.”

Jackson previously tried to have matters similar to this made public. In a memo he penned September 14, 2005, prior to being sworn in as mayor, Jackson proposed that the city attorney develop an ordinance that all city attorney communications be made public record except when an employee or the attorney requests the matter be confidential. However, the employee or the attorney would have to place the matter on a city council agenda for the council to decide if the matter should remain confidential or be made public.

“That's why it did not get adopted by the council. Those (Alexander's files) wouldn't have been on the table anyway because of state and federal privacy laws,” Jackson said.

It was one of the important pieces in Jackson's effort to create what he termed a more “open government.” Jackson and those who supported the 2005 recall of four members of the city council said the closed executive session where an exit package for outgoing city manager Bruce Williams was negotiated by the council should have been held in a public forum.

On April 26 Ashley pleaded not guilty to four felony charges of theft stemming from alleged misuse of city credit cards. On April 27 Williams was indicted on one felony charge of theft for allegedly using a $480 air travel voucher for personal use. Williams' arraignment is pending.

It was in the Lake Havasu City Police investigation of Williams that Alexander's name appears. He was asked to remove himself from any investigation and on April 24 the investigating officer alleges Alexander refused to allow an outside agency to be brought in to investigate and that a document was fabricated. Four days later Alexander and deputy chief Randy McCaleb were placed on paid suspension.

McCaleb opted to retire shortly after that and Alexander was terminated June 9. No reason for the suspension or termination has been made public and Alexander has requested a public appeal to be heard by a mediator. That hearing will be August 3.

- You may contact the reporter at dbell@havasunews.com

Current Rating: 0 of 0 votes!

Rate File: Select Rating: * ** *** ****