Friday, July 19, 2013
The Town of Andrews has refused to respond to a lawsuit filed in March by former Police Chief Jennifer Flowers.
Flowers was fired from her position in October 2012. Since that time she has been attempting to obtain documentation from the town but the requests have fallen on deaf ears, according to the complaint filed by her attorney Robert Maring.
In March, Flowers filed the suit seeking the court to order the town to turn over the requested information.
According to court documents, Andrews Mayor Rodney Giles was served the legal papers on April 3.
The town had 30 days from that point to file an answer with the court. That still has not happened, the court file states.
On June 24, Maring filed an “affidavit of default” with the court.
The filing notes more than 30 days have passed since Giles was served and no response to the lawsuit has been received.
“The defendant is in default,” the filing concludes.
According to the original complaint, Flowers submitted a written request on Oct. 23, 2012 for access to records that are considered public documents under the Freedom of Information Act.
The town “has failed to make the materials available to [Flowers] and has failed to comply with the Act,” the court papers state. “A violation of the Act must be considered to be an irreparable injury for which no adequate remedy of law exists.”
Flowers is asking the court to order the requested information be provided. She is also asking the town be required to pay her attorney fees and court costs.
Maring said in April the reason for the request was to try to find out why Flowers was terminated.
“We do not feel her termination was proper,” he said.
A call to Giles’ cell phone seeking comment was not returned and he was not at Town Hall when an attempt to reach him there was made. A request was also sent to the e-mail address for Giles listed on the town’s Website but it was returned marked “undeliverable.”
By Scott Harper