FAIRHOPE, Ala. — The city clerk’s office refused again this week to produce records about the alleged misconduct of a former police captain, who retired one week shy of a disciplinary hearing that could have terminated his 25-year career with the department.

Steve Griffis, whose retirement became effective Aug. 1, was placed on paid administrative leave May 23 for what Mayor Tim Kant said then was nine counts of alleged misconduct. Nevertheless, Kant ordered Griffis returned to duty in early June pending a July 2 pre-disciplinary review hearing. Griffis applied for retirement on June 26, and the disciplinary hearing was canceled, according to city officials.

After the city clerk’s first denial of the Fairhope Courier’s request for those disciplinary records, Kant initiated a phone call to the newspaper, saying he would make the records available. The 2009 records were not disclosed, but some records from a 2001 disciplinary action against Griffis were produced.

“You know, I was told that I had to wait until Monday, and Monday came, and then I asked (Police Chief Bill Press and Sgt. Craig Sawyer) to come up here,” Kant said on July 30. “And I said, ‘Well at least let me know why I can’t have them.’ And they came over and explained to me that it was an internal affairs issue, and they weren’t going to release any of the information that was in the report. I apologize that I wasn’t able to get (the records). So, I guess the best thing to do is call the chief or Craig Sawyer and ask them.”

The Courier filed a request with the police department on Kant’s suggestion.

“Your request for ‘public records’ was forwarded to me for a response on behalf of the City of Fairhope,” City Clerk Lisa Hanks wrote to the newspaper on Aug. 10. “In the future, please follow the City of Fairhope’s procedures and direct all requests for public documents directly to the City Clerk. The Clerk will coordinate with the appropriate City personnel and, if appropriate, review your request with legal counsel, and will provide a response to your request on behalf of the City.”

In that Aug. 10 letter, Hanks refused the Courier’s request on the same grounds stated in its original July 10 denial.

However, the response also added that “if certain documents are exempted from disclosure under Alabama law, such as ‘sensitive personnel records,’ the City has an obligation to maintain the confidentiality of these records.”

On July 10, the city clerk’s office first denied the Fairhope Courier’s request for the document that put Griffis on notice regarding the reasons for the proposed discipline, a record called a “Notice of Proposed Discipline.”

A document with that title was provided by the city’s human resources director to the Courier and the Mobile Press-Register in January 2002 regarding a five-day suspension imposed on Griffis in December 2001.

In her July 10 letter, Hanks denied the newspaper’s request for that same kind of document for the 2009 disciplinary action, stating that “documents related to proposed discipline against any employee are not subject to disclosure. … Without reference to any particular employee, generally, if there were any proposed disciplinary action against any employee of the City of Fairhope, and the employee either resigned or retired before the process was complete on the proposed discipline, the proposed action would become moot and the process would not proceed.”

In its July 7 request for the 2009 document, the Courier stated by e-mail to Hanks, “You said last week that I should request this information of the city attorney, but the city’s public records policy indicates you are the proper recipient.”

That request was denied in a formal statement from the clerk’s office three days later after consultation with two city attorneys, she said.

And then the mayor got involved.

Kant said he initiated a phone call to the newspaper on July 21, stating that he was trying to get to the bottom of what happened regarding Griffis.

“He’s been trying to resolve what his charges are about and nobody seems to be able to tell him,” Kant said. “It didn’t say anything on the (notice of reasons for proposed discipline document), other than stating some violations for some code. He was just concerned, and I can’t blame him. I’d like to know what the whole deal was. But that’s between him and them. I’ve really been staying out of it. I was just trying to facilitate an opportunity for him to at least know what the problems were.”

The Nov. 15, 2001 “Notice of Proposed Discipline” states that “The reasons for this discipline are: Insubordination. On or about August 2, 2001, you were instructed by the Chief of Police not to get involved with any more cases of Mr. Fred Barkley. On Saturday, November 10, 2001, you intervened on behalf of Mr. Barkley following his arrest by other officers on a charge of domestic violence in the third degree.”

That document further stated the speciic state law that was violated.

Frequent efforts to contact Griffis since he was suspended with pay in May have been unsuccessful.

At his retirement, his annual salary was approximately $73,000.

When Kant called last month saying he would provide the records, he also said he would facilitate a meeting between the Courier and Griffis. As of press time, that had not happened.