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- [S104] Cocke County, Tennessee, and its People, Cocke County Heritage Book Committee, (Walsworth Publishing, 1992), 71.
- [S24] The Newport Plain Talk, (http://www.newportplaintalk.com), 27 Dec 2006.
City officials trying to cooperate with open records request
Source: The Newport Plain Talk
12-27-2006
NEWPORT- The ongoing saga of retirement benefits for a fireman has resulted in an open records request by Attorney David B. Hamilton on behalf of his client, Patricia M. Cureton. In a two-page letter dated Dec. 15, Hamilton gave the city a deadline of Friday, Dec. 29, to produce the 2004, 2005 and 2006 Master Leave Register with the correction notes entered by now retired city employee Jan W. Fancher. Hamilton said in the letter that the records were created by Fancher and existed as recently as her retirement just a few months ago. Hamilton said in his letter that the 2006 Master Leave Register should have been created last month. "My client also seeks printouts of the original Excel spreadsheets, retained electronically, concerning the same material," Hamilton said in his request letter. "To avoid any misunderstanding, these records are the master balance sheets of all city of Newport employee sick time, retirement time and bonus time accounting. Additional records exist related to employee benefits and employee retirement. If required, they will be subject to additional requests." City Administrator Brad Moffitt said he met with Cureton on Tuesday, Dec. 19, along with Personnel Director Tony Barnes. "We have given them everything they have asked for," Moffitt said. "But what they are asking for now, does not exist as far as we know," Moffitt continued. "We have invited Mrs. Cureton and Mrs. Fancher to come to the office and point out exactly what it is they are requesting. If we have it, we don't know we have it." The letter warns that action will be taken if the records are not produced. "On Dec. 29, my client shall appear at Newport City Hall, 300 E. Main, at 1 p.m. to review the aforementioned records and obtain copies is she so desires," the letter states. "If the records are not produced, I am authorized to file in Cocke County Chancery Court an action to force the production of documents and obtain a permanent injunction with the associated power of court enforcement ordering officials to comply with the law." Hamilton stated that his client is seeking the records in an effort to determine the proper retirement settlement her husband (Battalion Chief Carroll Cureton) should have received and they believe he has been denied. On Dec. 15, Fancher requested copies of payroll earnings for the following employees: Buddy D. Ramsey, Jack H. Shepherd, Roger D. Butler, Benjamin Barnes, Jimmy Lindsey, Ronald G. Lindsey, Kathryn E. Long, Janice L. Seay, Linda K.T. Gregg,Christopher W. Sprouse and Pat Lindsey. Barnes responded to Fancher on Dec. 22 and reported he had found Payroll Check Registers and Payroll Distribution Registers. Barnes wrote, "As I told you in the presence of witnesses at City Hall, I wish to be helpful and if you know where a record or report might exist that you feel will be useful, I will be very happy to provide you with copies if you will only provide me with guidance of its actual existence and location. After all you have been entrusted by the fine taxpayers of Newport to maintain those records for just such a purpose for over 23 years." Barnes said in the letter that although he doesn't believe he is required to create reports or generate new documents to comply with the request, he did so in the spirit of cooperation. Attempts to reach Hamilton on Wednesday were unsuccessful. The Plain Talk will continue to follow this story.
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