Hamburg Twp. Denies FOIA Request of Officer's Phone RecordsHamburg Twp. Denies FOIA Request of Officer's Phone Records

7/17/13 - Last night, the Hamburg Township Board stood by its denial of a Freedom of Information Act request by a local woman seeking the phone records of a police officer. The request was filed by Mary Ann Lamkin, who has had disagreements with the township and law enforcement in the past over the legal status of Island Shore Drive, where she lives. On June 10th she filed the FOIA request with the township to obtain the on-duty cell phone and texting records of Officer Clint Pace from the last six months, especially with regard to a specific phone number on Island Shore Drive. Why she wants these records is unclear. When the township denied the request, claiming it did not have those records, she appealed, saying it could contact the phone company to obtain them. She also insisted on her right to have the appeal addressed during a meeting of the township board. Last night, Clerk Jim Neilson read the township’s response, confirming that the cell phone is the private property of Officer Pace and the township has no access to its records. He also said Pace has confirmed that he did not call or text the number in question for official business. Pace also told officials that he would not make his private phone records available to them. The board allowed Lamkin to respond before it voted to approve the denial. She said she was disappointed that the township was accepting the officer’s word regarding his use of the cell phone. She also said she believed the board was ignoring the main point of her FOIA request, which was to get the records of the electronic communications used by Officer Pace in an official capacity on any device during the past six months. Lamkin’s FOIA request makes no reference to communication devices other than cell phone and texting records, and Neilson says officers are not issued official cell phones. Lamkin told the board she would see them in court, stating “I get 500 bucks for you violating my rights.” She ignored requests for comment after the meeting. Neilson commented that the township stands by its decision. (TD)