BY Cliff McCollum
Editor’s note: The following article may contain language that could be seen as offensive to some readers, but there is a relevant reason for doing so. Reader discretion is advised.
Tuesday morning, the city of Fairhope denied two further public records requests submitted by Gulf Coast Media involving notices of claim filed with the city by two employees.
Gulf Coast Media initially submitted a public records request regarding the claim filed with the city by Human Resources Director Pandora Heathcoe involving an alleged assault by Mayor Wilson on May 19.
The city denied the request May 25 via an emailed letter, stating the claim was not public record.
Gulf Coast Media wrote an article about the record request denial for the June 2 paper, as well as an editorial asking the city to comply with the request to release the requested documents.
In that article, 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.”
After those pieces were published, Gulf Coast Media Publisher Parks Rogers submitted a public records request for the same documents on June 6 that included the APA attorney’s statements, but received a reply from the city on June 7 continuing their denial to release the records.
“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. “To the extent your request is a proper request, the requested records contain content which is confidential or otherwise exempt from disclosure under Alabama law.”
The city gave the same response to a May 31 request for records made by Gulf Coast Media involving the notice of claim filed against the city by former Director of Community Affairs Sherry Sullivan on June 7.
In a statement made to Gulf Coast Media, Sullivan’s attorney said her filing included multiple claims against the city.
“Sullivan, terminated in February after almost 17 years of service, had previously filed a letter of intent with the City,” the statement read. “The current claim includes multiple claims including but not limited to wrongful termination, retaliatory discharge, defamation of character, slander; libel and breach of contract.”
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.
Gulf Coast Media is continuing to pursue its options to get the city of Fairhope to fully comply with its requests for those public records.