Police chief blocks records release

By ANN MARIE AMES ( Contact )   Friday, March 20, 2009
ADVERTISEMENT
 

— The village of Darien has made public a list of six reasons why the village board voted to fire Police Chief Steve DeVoy.

But the documents supporting those charges—thousands of pages—have yet to be released.

On March 6, The Janesville Gazette requested the documents under the Wisconsin Open Records Law. Village attorney David Danz has said the village wants to release the information.

On Thursday, DeVoy's attorneys filed a civil action in Walworth County Court. The suit seeks an injunction against the village to block the release of the documents to the Gazette.

That is something public employees have a right to do when it comes to personnel records, but village attorneys and attorneys for the Wisconsin Newspaper Association contend DeVoy is not an "employee." Rather, he is the head of a department, the attorneys said.

That means the statutes don't apply, village and newspaper attorneys have said.

"We do not believe he has the right to object to the release because the statutes take department heads out of the protected class," Danz said.

It will be up to a judge to decide, Danz said. A court hearing on the matter had not been scheduled as of this morning.

In the complaint filed in court Thursday, DeVoy contends the documents should not be released because:

-- The documents contain "raw investigative data" that could include hearsay, rumor or bias.

-- DeVoy hasn't been served with all the material, so he wouldn't have a chance to verify or challenge it.

-- The documents contain information about people who aren't under investigation. The documents could violate their privacy.

-- Some people named in the documents could be called upon to testify in court.

-- DeVoy is subject to a disciplinary hearing as a result of the village's investigation.

-- The requested material was presented to the village board in closed session.

-- The village failed to explain how it applied "the balancing test." That refers to the method the courts use to determine whether it's in the public's interest to release the documents or keep them sealed.

reader COMMENTS
Click here to view reader comments
(24)
klick
Apr 2, 2009 at 7:42 p.m.
Suggest removal

Has anyone requested credit card statements to see where Darien President, and other officials that has been spending your money. like 400.00 dinners that another community has uncovered ? somebody should think about this.
this sure will make some of the good ol boys mad.

theshield
Mar 26, 2009 at 2:13 p.m.
Suggest removal

Hey Gazette! Why don't you pick up the article about Metzner being charged with impersonating an officer?!?! Might shed a little light a few things!

turboguy
Mar 25, 2009 at 9:18 p.m.
Suggest removal

bigmama101 it said in the Delavan Enterprise article today that the charges about Metzner impersonating a police officer started well before Devoy was suspended.
Seems like the conspiracy against Devoy also started just after then, when the ride-alongs were put to a stop by him due to the ilegality of Metzner's actions.
Devoy has been punished for upholding the law!
What a travesty for the citizens, who face losing a good public servant, and for the man who spent his career doing good for the community, only to be taken down by a power hungry web of ne'er-do-wells on the village board and one on the police dept.

Have you SEEN the Family Connections? There are 10 speeding violations, 6 violations for 'not coming to a complete stop', and a random few for license plate, failure to yield right of way, juveniles for curfew.........

Maltese is clearly NOT an 'acting chief'. However, I wouldn't be suprized if he laid an egg in the near future - he would not approach a real crime in progress EVER!

buck buck buck buGAWK!

jja
Mar 22, 2009 at 1:35 p.m.
Suggest removal

Un
ResponsibleCitizen stuff a rag in it..

jja
Mar 21, 2009 at 7:41 p.m.
Suggest removal

cornchild tell me who you are i won't tell anyone i promise .

blacktaz
Mar 21, 2009 at 3:39 p.m.
Suggest removal

I know who you are.Who cares? I was told by a cop today to ignore you fools and not to be on here so F. O.I!M done but if you speak any more lies on me I will see you at the meeting and show everyone who you are.

cornchild
Mar 21, 2009 at 12:51 p.m.
Suggest removal

Regina,
Who do you think I am? I have spoken to you directly several times, and have heard you addressing the board as well as speaking loudly outside the village hall before and after board meetings.
Also, why did you move to this article's comments section? Do I need to check every comments section on this website to find comments you are directing to me or making about me? Click on my user name and send me a direct message if you like.

cornchild
Mar 21, 2009 at 12:45 p.m.
Suggest removal

Here's my response from another article:
http://gazettextra.com/news/2009/mar/19/...
cornchild
Mar 21, 2009 at 12:10 p.m.
Suggest removal
Regina, you talked about it openly at board meetings - anyone in the room or on the sidewalk could hear you. This was long before December 1st. My point is that since you aren't Steve DeVoy or some other WCSO crony, they didn't sieze the opportunity to go after Metzner like they did when Steve brought these lame charges against him.

blacktaz
Mar 21, 2009 at 11:25 a.m.
Suggest removal

Ouestion how did cornchild no about the charges I put on Metzner?Busted Someone just told .This is another leak about Chiefs Files. I hope no one has anything big to hid because someone is telling what was in privte files.I just faxed Cornchilds comments to Att general.

ResponsibleCitizen
Mar 20, 2009 at 7:49 p.m.
Suggest removal

jja,

If I were to respond it would be removed.

jja
Mar 20, 2009 at 6:32 p.m.
Suggest removal

ResponsibleCitizen you sure sound like a good ol boy .

hsprdp1117
Mar 20, 2009 at 5:21 p.m.
Suggest removal

According to the article, the complaint indicates he hasn't been served with ALL of the documents which would seem to indicate he has at least been served with some of them.

keepitrealnow
Mar 20, 2009 at 3:28 p.m.
Suggest removal

maybe the chief hasn't seen the records, therefore the reasoning behind the block

ResponsibleCitizen
Mar 20, 2009 at 3:17 p.m.
Suggest removal

EXACTLY

hsprdp1117
Mar 20, 2009 at 3:10 p.m.
Suggest removal

Why would the chief want to block the release of the records if he's done nothing wrong?

gmaof3
Mar 20, 2009 at 2:06 p.m.
Suggest removal

Thats small town politics for ya!

blacktaz
Mar 20, 2009 at 10:59 a.m.
Suggest removal

The board of review has already been imformed about Danz on another deal he and some city and members are into. I seen the papers the other lawers has against them on a suit the land owners filed.They are all crooks.

roadrunner
Mar 20, 2009 at 10:49 a.m.
Suggest removal

Makes you wonder why the collective "heresay, rumors and bias" are even considered evidence. This could also be the end of Danz's career if he has stooped so low.....

ResponsibleCitizen
Mar 20, 2009 at 10:42 a.m.
Suggest removal

HMMMM....MAKES YOU WONDER...is there more to it?

Before you post a comment, consider this:

Note: GazetteXtra.com does not condone or review every comment. Read more in our User Policy Agreement
  • Keep it clean. Comments that are obscene, vulgar or sexually oriented will be removed. Creative spelling of such terms or implied use of such language is banned, also.
  • Don't threaten to hurt or kill anyone.
  • Be nice. No racism, sexism or any other sort of -ism that degrades another person.
  • Harassing comments. If you are the subject of a harassing comment or personal attack by another user, do not respond in-kind.  Hit the "Suggest Removal" button on offensive comments.
  • Share what you know. Give us your eyewitness accounts, background, observations and history.
  • Do not libel anyone. Libel is writing something false about someone that damages that person's reputation.
  • Ask questions. What more do you want to know about the story?
  • Stay focused. Keep on the story's topic.
  • Help us get it right. If you spot a factual error or misspelling, email newsroom@gazettextra.com or call 1-800-362-6712.
  • Remember, this is our site. We set the rules, and we reserve the right to remove any comments that we deem inappropriate.

Post Comment

Commenting requires registration.

Username:
Password: (Forgotten your password?)

Comment:

ADVERTISEMENT