North Myrtle Beach officials refuse to release a police dash cam video an incident involving Melissa Edge - the wife of State Rep Tracy Edge - last month at the firehall Cherry Grove City, a move that say lawyers is a clear violation of Freedom of Information Act of the State.
Video was recorded on the property of the city by a serving police officer.
Director of the city of Mike Mahaney said Monday he believes the city would lose a legal challenge if the video is folder public.Cependant, Mahaney said he wants a judge to force the city to release the video as a protection against any possible lawsuits filed by Edge or others.
Melissa Edge does not return a call seeking comment.
"If a judge told me that must be released, which gives me an immunity" Mahaney said Monday. "I think that is what is best for the city. ?
Sun News requested a copy of video, last month, as well as copies of incident reports police and strip shipping related to the incident.
In a letter last week, Mahaney said that the city had no reports or documents shipping incident .Mahaney stated that he would not disclose the video because "it is information of a personal nature where public disclosure thereof would be unreasonable invasion of personal privacy".
Freedom of Information Act of the State includes a "Privacy exemption" that helps government agencies do not disclose personal information. Act does not specifically lists the types of information which are considered private.
Jay Bender, a lawyer Colombia and an expert in Freedom of Information Act of the State, called the decision the city hold video "nonsense."
"There is no private on the appearance of a person in a public place that is captured on video cam indent a police car", he said.
Bender said the fact that Melissa Edge is not charged with a crime news video, the more important.
"This is all already reason to see to see if a charge was justified", he said.
A State of Court of appeal decision already said that the way in which a police service shall perform his duties of "vital public interest outweighs their desire to stay out of the public eye."
In this case of 2004 forced a York County Sheriff to release records Department told the Court were private to a journalist of the newspaper wrote on misconduct alleged in the Department.Bender represented the log in this case.
Mahaney said he is familiar with the Tribunal's decision and considers that it applies in this case.He liberate the video if the Sun News for a declaratory judgment in the Court ordered.
The new Sun has not seen the video.Mahaney, however, confirmed that an incident involving Melissa Edge took place last month at the firehall in the ville.Mahaney gives no incident details.
Jeff Senter, Constable who responded to the incident and recorded on his dash cam is employed by the city to the .Mahaney incident would not say if submit fired or what specific actions led to his departure from the city.
Senter could not be reached for comment.Its name phone number has been disconnected, and he has not responded to a request for comments via e-mail to his Facebook account.
Mahaney said that he also disciplined other officers of the incident it wouldn't say what agents have been punished or what steps have been taken.
"I am well aware of what has transpired and I have taken the appropriate measures," he said. ""If you were able to get the video, you'll have some réponses.Mais I'm not going to y."
Kenneth Moss - a small river that represents William Bailey, Director of public safety, in a trial old town lawyer against North Myrtle Beach - said that also its application video was refusée.Mousse said that he had requested video in Freedom of Information Act of the State, because it could be useful in case of dismissal unjustified Bailey on the town.
MOSS said he believes that the city is violating the law of the State using video to protect the reputation of officials.
Moss "Based on what we have heard about the video, it includes information that would be embarrassing for elected officials," said. ""They try to stop that happen."
Mayor Marilyn Hatley said the decision to refuse the video was made by lawyers involved in the problems of staff for the city.
"I saw only what say the lawyers," said Hatley. "Just because they say it is not to say that I agree with him.?
Hatley refused to say if the video should be released, but said "all those who are in the city should be treated as".
"I think that the city should cover for anyone," said Hatley.
Tracy Edge, R-North Myrtle Beach, a legislature of the State since 1996.Bord, who is running for re-election this year, had no primary opposition but has a democratic challenger election November 2.
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