MONTGOMERY COUNTY ATTORNEY THROWS KITCHEN SINK AT OR REQUEST
In a typical reaction by someone in the past that has had something to hide, the Montgomery County Attorney did send The Sentinel a priority mail letter that arrived at The Sentinel Offices today which throws every single objection to disclosure of public records allowed by law regardless of how rediculous of an argument it is. The letter, a copy of what was sent to the OAG by the Montgomery County attorney, cites every exception from 552.101 through 552.154 of the Government Code. It is the same tired tactic that TCEQ used when they tried to withold records regarding the abuse of official capacity John Lovet committed in a conspiracy with two TCEQ employees. It is the same tired tactic TCOLE used when I asked for records on a corrupt police officer several years ago. Both agencies were thwarted in their efforts to deny The Sentinel records as will be Constable Hayden. We asked for any complaints filed against the deputy. We asked for his application to see if he lied about the "ever been arrested or convicted" question. We asked for background check documents including any related to the deputy's prior arrest and conviction to see if Hayden even vetted the young man before he was hired. The lawyer knows every document that was requested are normally subject to the open records laws. To keep from looking ignorant in the sight of her peers, she worded the OAG letter to say, "The constable believes portions of the documents are exempt . . . ." Some of the more absurd claims of exemption are:
552.103. EXCEPTION: LITIGATION OR SETTLEMENT NEGOTIATIONS INVOLVING THE STATE OR A POLITICAL SUBDIVISION.
552.104. EXCEPTION: INFORMATION RELATED TO COMPETITION OR BIDDING.
552.106. EXCEPTION: CERTAIN LEGISLATIVE DOCUMENTS.
552.1081. EXCEPTION: CONFIDENTIALITY OF CERTAIN INFORMATION REGARDING EXECUTION OF CONVICT
552.1085. CONFIDENTIALITY OF SENSITIVE CRIME SCENE IMAGE.
552.113. EXCEPTION: CONFIDENTIALITY OF GEOLOGICAL OR GEOPHYSICAL INFORMATION.
552.116. EXCEPTION: AUDIT WORKING PAPERS.
552.124. EXCEPTION: CONFIDENTIALITY OF RECORDS OF LIBRARY OR LIBRARY SYSTEM.
Yada yada ya so forth and so on, there are 30 more listed in The Government Code that have absolutely no bearing on my request but this lady lawyer is willing to compromise her integrity and credibility to help Hayden stall the inevitable. I don't want his social security number, DL etc but I do want to know if I am the only one that has a complaint about this deputy and his illegal acts. More as this story develops.
NEW CANEY 1/12/2018
PCT 4 CONSTABLE STALLS OR REQUEST
Montgomery County Pct 4 Constable, Kenneth 'Rowdy' Hayden is stalling in an effort to shield one of his deputies from scrutiny for his illegal acts. A valid and properly formatted OR request was submitted in late December along with the 2009 criminal record of a theft conviction against one of his deputies. That request also includes a formal complaint of recent illegal activity by that same deputy. Hayden's chief deputy, Barry Welch did contact The Sentinel aknowledging Hayden did receive the OR request. A request which asked for any complaints that had been filed on the deputy and any records that Hayden had obtained during a background check before the recent hiring. Welch told The Sentinel that he could not process the complaint unless I came in, wrote out a complaint and signed it there and provided a copy of my driver's license so he could verify who I was. "You could be from Minnosota for all I know" was Welch's accusatory reasoning, "I have to investigate who you are". Assuring him I would mail in a written and signed complaint, I let Welch know that all my information was on this website and if he needed to investigate who I was, have at it. At this point Welch told me that there would be considerable costs associated with the request. "Oh so there are complaints filed against the deputy and I can expect quite a few documents?" was my inquisitive reply. At this point, Welch let his irritation show, raised his voice and told me in no uncertain terms that I could go to jail for filing a false report on a police officer. Hayden's entire office does not have a clue of The Sentinel's track record or that threat would have never escaped Cheif Deputy Barry Welch's mouth. If they did have a clue, Hayden would have returned my original phone call himself. In the few days that I have been vetting Constable Hayden and his troops, multiple allegations of wrong doing ranging from "pocket warrants" to retalitory stops with no probable cause have poured in. More than one former elected official that came under Sentinel scrutiny has opened the can of worms of threatening The Sentinel. We all know how those have turned out and that I have one Pct 4 constable (SJC) notch in my belt already.
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Prosecutors re examine evidence
""The ordinance isn't the only problem," Briscoe said. "The problem is an out-of-control police department."
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