Arkansas Democrat-Gazette

Filing seeks release of LR chief inquiry

- JOHN LYNCH

Rebuffed after using the Arkansas Freedom of Informatio­n Act, attorney Robert Newcomb is now seeking a court order to make the city disclose the results of a human-resources investigat­ion into Little Rock Police Chief Keith Humphrey.

The move was made as Humphrey’s lawyer, representi­ng the chief in a federal lawsuit against his detractors both within the police force and outside the department, has informed city officials that Humphrey is preparing to expand that litigation to include the city. In the almost year-old suit, Humphrey claims he is the target of a conspiracy meant to oust him from Little Rock’s top police job.

Newcomb has been trying

to get a hold of the human-resources findings for more than a month, and recent court filings show his new tack to obtain the results after an attempt failed using the Freedom of Informatio­n Act.

A circuit judge ruled earlier this month that the state’s open-records law does not require city officials to disclose the human-resources findings because authoritie­s have not decided what to do with them.

Those findings — a 25-page report with about 5,000 pages of supporting documentat­ion — have been designated as an employee evaluation, and such job-performanc­e reviews are kept secret from the public unless used as grounds to fire or suspend a government worker.

In his Freedom of Informatio­n effort, Newcomb was acting on behalf of four officers he’s representi­ng who have accused Humphrey of making their working conditions difficult because they have complained about how he’s treated them.

In the latest developmen­t, Newcomb is now arguing that a fifth client, former officer Charles Starks, is entitled to see the findings as part of Starks’ 15-month-old civil-rights lawsuit against the chief and Mayor Frank Scott Jr.

Humphrey fired Starks after Starks fatally shot a cartheft suspect, Bradley Blackshire, in February 2019. Starks won back his job on appeal, only to quit because he said the mayor and the chief made working conditions unbearable to get even with him.

Since Starks’ accusation­s against Humphrey also involve retaliatio­n and hostile-work environmen­t complaints, Starks should be allowed to see the findings of the human-resources investigat­ion because the review “may lead to admissible evidence from others who have been subjected to [similar] conduct” as Starks, Newcomb states in a pair of motions to compel discovery.

“The admissible evidence could be … showing a common plan or scheme or design … by Chief Keith Humphrey in retaliatin­g against individual­s who contest his judgments,” Newcomb states.

Since April 2020, Newcomb asserts in court filings, eight officers have accused the chief of retaliatio­n: Assistant Chief Hayward Finks, Sgt. Christophe­r McCauley, Maj. Russell King, Lt. Rusty Rothwell, Lt. Christine Plummer, detective Beth McCauley, Sgt. John Trent, and David Mattox, an officer who has since been fired.

To bolster his arguments, Newcomb included a June memo written by Finks, at the direction of the chief, describing instances in which Finks asserts Humphrey has treated some staff members better than others, notably Lt. Michael Ford and Mark Edwards, the department’s civilian public-informatio­n officer.

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