FAIRHOPE, Ala. — The city is reconsidering its recent denial of a request for disciplinary records about a former high-ranking police officer, who retired one week shy of a July hearing that could have terminated his 25-year career with the department.

Former captain Steve Griffis was suspended with pay on May 23 pending a July 2 pre-disciplinary review hearing. He applied for retirement on June 26, and the disciplinary hearing was canceled.

The reasons for Griffis’ proposed discipline have never been disclosed publicly, but Mayor Tim Kant said at the time that he understood Griffis faced nine charges of misconduct, one of which might have involved an equal employment opportunity charge.

The issue has resurfaced during the past two weeks after Kant called the Fairhope Courier on July 21, saying he would release the records requested by the newspaper regarding the proposed discipline of Griffis.

After the mayor’s phone call, the city did provide some records of a five-day suspension of Griffis in December 2001, but the records provided on July 27 did not include any records regarding the 2009 disciplinary case.

Kant has placed the blame for the recent failure to produce the records with the police department. During the selection for a new police chief earlier this year, Kant opposed the need for conducting a national search for a new chief and also publicly supported Griffis for that position by signing a petition on his behalf. Kant also ordered Griffis returned to duty in June after he had been placed on administrative leave, citing human resource needs.

“I’m just as frustrated as you are,” Kant said on Aug. 3. “I have really tried to get those records from the police station, but I’ve been advised by Chief (Bill) Press and (Sgt.) Craig Sawyer that they’re part of their internal affairs report, and they weren’t going to release them to anybody, me included.”

The Courier renewed its request on July 30 for records that put Griffis on notice regarding the proposed discipline against him this year and that apparently prompted his sudden retirement.

Press responded by e-mail later that day, stating the request was being reviewed by the city attorney, and that “once approved, those documents that can be released to you will be.”

The Courier’s original June 26 request for records about the 2009 case was denied by the city clerk’s office.

“Documents related to proposed discipline against any employee are not subject to disclosure,” a written statement from the city clerk’s office stated on July 10.

During the Courier’s review last month of the old Griffis files, a city memo was found that showed the city did provide a document to the Courier in that 2001 case that it is now seeking in the 2009 case.

“Here are the two critical documents you wanted: the Notice of Proposed Discipline, which identifies the reasons, and the Notice of the Imposition of Discipline,” the HR director wrote to the Courier reporter on Jan. 23, 2002.

Those records were also released to the Mobile Press-Register the same day, and both newspapers published stories about the December 2001 case when Griffis was suspended five days for insubordination.

A leading Alabama Supreme Court case from 2004 held that disciplinary records could be withheld until the case was over, but once the case was completed the records had to be disclosed.

The city apparently took the position on July 10 that because Griffis had retired and the hearing was canceled, that the “notice of proposed discipline” document in the 2009 case should never be released to the public as was the same kind of document from the 2001 case.

“I believe the city’s position is wrong because it is contrary to the Alabama Attorney General opinions and an Alabama Supreme Court decision relating to disciplinary records,” said Dennis Bailey, legal counsel for the Alabama Press Association, at the time. Both the Attorney General and Alabama Supreme Court state that such records are public records but can be withheld while an appeal of disciplinary action is pending. When the action is over, they are to made available to the public.”

Although the city originally denied the Courier’s request for the reasons stated by the city clerk on July 10, it is currently reconsidering whether the records should be released, following Kant’s attempts to obtain the records.

“We are working with the city attorney to determine which portions of the investigation are considered public record and which portions must remain confidential,” Sgt. Craig Sawyer, police department spokesman, said on Aug. 3 in response to the Courier’s request. “We don’t want to violate any laws by withholding what should be released, or by releasing what have been kept confidential. We also don’t want to violate the rights of the public to access records or violate the rights of employees by releasing confidential info. As soon as we have clearance from him, we will share our documents with you.”

The Alabama Open Records Act does provide an exception for ongoing law enforcement investigations, but Wynne said by e-mail on Aug. 4 that “there is no ongoing investigation” of Griffis. He stated that day that the city “was reviewing a response to your request.”

Meanwhile, Kant said this week that he had been contacted by a local Mardi Gras society that asked about hiring Griffis for its events, but he denied that Griffis had contacted him personally seeking part-time security work with the city. The city assigns off-duty officers to work events where alcohol is served and crowd control or other security is required.

“Now that he’s fully retired, one of the Mardi Gras associations did call my office and and talked to my assistant and asked if they could continue using Steve as their liaison,” Kant said. “I said, ‘Well, it’s up to the Mardi Gras association who they hire and fire.’ I don’t get into that. So, that’s the only thing I know about it.”

Frequent efforts to contact Griffis at his home have been unsuccessful since the disciplinary proceedings began in May. The phone has rung constantly busy every time an effort was made to contact him, as it was this week.

The mayor said he has done all he can to try and obtain the records from the police department that were earlier denied by the city clerk’s office.

“I don’t know what else I can do,” Kant said. “I’d probably be arrested if I went in there and tried to get (the records).”