Moultrie Police Department Georgia / Decertified
There are no documents in this case. Getting them from Moultrie will be next to impossible until we get a resolution from the attorney general. I will post my complaint below as a refresher.
The video pretty much sums it up. Seems the mother in law was related to Nancy, the 911 operator with Moultrie, I believe Luna gave her dispatcher buddy a break, OR Luna was just that dumb!
Moultrie corruption links
Jeff Gray https://www.youtube.com/watch?v=UFitY1U-wPo
Lackluster https://www.youtube.com/watch?v=HzAtmUGbiJA
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Moultrie Police, Georgia police corruption, open records violations, transparency, police misconduct, public records requests, Georgia law enforcement, Moultrie corruption, police accountability, records request abuse, open government, law enforcement violations, Moultrie open records, government corruption, police abuse of power, corruption investigations, Georgia police records, FOIA requests Georgia, police cover-ups, accountability in policing, Georgia government transparency, public records violations, misconduct investigations, Moultrie law enforcement
Attorney General complaint and amended complaint
AG complaint and follow-up
Amended 8.17.24
Good day, I am wanting to add to my complaint and also followup.
I just received case files from the Georgia POST Council about an officer that was investigated and decertified. The files were prepared by Moultrie PD for the Georgia POST. It is clear they actually do prepare files for open records requests and POST performs open records to get the files.
It has been 2 weeks since my last complaint with no word or remedy. It is the case of ALBA MARINA LUNA there are video interviews and I have them. You can verify through Jill Dalon at the Georgia POST.
Thank you
SUBMITTED FRIDAY 8.2.24
Attorney General Chris Carr
Office of the Attorney General
Atlanta, GA
I am writing to formally file a complaint against the City of Moultrie and specifically against Bonnie Kudela and chief Chad Castleberry, for non-compliance with Georgia’s Open Records Act (O.C.G.A. § 50-18-71). The only way open records can be obtained is in person. I believe this to be a violation of the open records act. Furthermore contacting anyone at the agency has proven difficult. I believe Bonnie Kudela and Chad Castleberry are acting in bad faith.
Below is a detailed timeline of the events and communications regarding my open records request:
Timeline of Events of correspondence with the Moultrie Police Department
July 24, 2024
Initial request sent to Chad Castleberry (chad.castleberry@moultriega.com).
Requesting records related to Charity Mobley / Charirty Bentley
July 30, 2024
Response from Bonnie Kudela (bonnie.kudela@moultriega.com):
Good Morning, In response to your open records request we have been working on gathering the information. It is coming from 2 different departments, Human Resources and the Moultrie Police Department. We have several videos (7 Total), 264 pages in her personnel file and how long it took the employee to gather the information is still unknown (There is more to gather). This could be close to $100.00 in fees. I wanted to make you aware, before we proceeded any further. Also, we do not email, mail or fax requests back to the requestor. They are available for inspection or pick up at my office. If you would like to move forward with this request please let me know. I am available Monday through Thursday 8:00am to 5:00pm and 8:00am to 12:00pm Friday. Thanks, Bonnie Kudela City Of Moultrie | City Clerk P. 229-668-002321 1st Ave NE | P.O. Box 3368 Moultrie, GA 31776 bonnie.kudela@moultriega.com
July 30, 2024
I responded requesting just the videos. I am not interesting in paper documents.
July 30, 2024
Email sent to Bonnie Kudela and Chad Castleberry (bonnie.kudela@moultriega.com, chad.castleberry@moultriega.com):
Good day Mr. Castleberry,
Can you follow up on this? Your agency can’t restrict records and demand citizens pick the records up in person. I assure you the AG will agree. Your ORC is acting in an official capacity even though she holds no state certification, she is acting under the color of law while potentially violating my civil rights under the first amendment, freedom of the press. I don’t expect you to know what that means so if you’d like I can have a judge explain it to you!
This is also a complaint on Bonnie Kudela. Bonnie promotes government events on her Facebook page while displaying religious materials, she has images of all of your cops on there too, thanks. Saved me some open records requests. Her use of prior restraint is ridiculous. I have done thousands of requests at this point and not even one time that has happened.
Release the videos, a thumb drive is fine. I could make this really difficult, but I elected not to have you redact the pages. Money is not an issue I promise you. I just want the videos, I will even redact them, I am an expert!
Now, I have found you have been a bad little agency, 19 decertified cops bro? WOW but I see why.
I will file a complaint with the Attorney General Friday August 2nd if you have not responded.
July 31, 2024
I sent a follow-up email to Chad Castleberry. No response.
July 31, 2024
Bonnie Kudela insisted their policy is in person pick up only.
I responded:
I asked you to escalate this to your supervisor, there is no passage that states what you said. Again, escalate this to someone above you because you are not law enforcement!!!
Complaint
Bonnie Kudela is demanding that open records be picked up in person, despite the fact that the City of Moultrie uses email and mail in the course of their normal business. I have requested that they mail me the records, and per the open records laws, I will remit payment if the fee is less than $500.
Under Georgia’s Open Records Act, specifically outlined in O.C.G.A. § 50-18-71, government agencies are required to make public records available for inspection and copying. The law does not mandate that requesters must appear in person to obtain records. Here are key points from the law:
- Access to Records: O.C.G.A. § 50-18-71(a) states that “All public records shall be open for personal inspection and copying, except those which by order of a court of this state or by law are specifically exempted from disclosure.”
- Request Procedures: O.C.G.A. § 50-18-71(b)(1)(A) specifies that a request can be made in writing via email, fax, mail, or in person.
- Response Time: O.C.G.A. § 50-18-71(b)(1)(B) mandates that agencies must respond within three business days of receipt of the request. If the records are not immediately available, they must provide a timeline for availability.
- Fees: O.C.G.A. § 50-18-71(c) allows agencies to charge fees for the search, retrieval, redaction, and copying of records, but these fees must be reasonable and communicated to the requester.
I am citing the following articles in my complaint.
Analysis Based on Georgia Code 50-18-71:
Mailing Records:
- Electronic Record-Keeping Systems (Subsection f):
- Provision: Agencies must produce electronic copies or printouts of electronic records or data fields they maintain. They cannot refuse to produce these records on the grounds that exporting data or redacting exempt information requires inputting commands into their computer systems.
- Implication: If electronic records can be exported and redacted using the agency’s existing computer programs, the agency must provide these records in the requested format, either electronically or via suitable electronic media.
- Access and Delivery (Subsection h):
- Provision: Agencies can provide access to records through a publicly accessible website. However, if a requester seeks data in the electronic format in which it is kept, the agency must provide it in that format. Additionally, if the agency has contracted with a private vendor to maintain public records, it must ensure that this arrangement does not limit public access or the method of delivery.
- Implication: This provision ensures that electronic records must be accessible in their existing format, which can include mailing if necessary.
Practical Considerations:
- Distance and Accessibility:
- Argument: Being 800 miles away, physical access is not feasible. Mailing records is a necessary accommodation to ensure accessibility.
- Supporting Provision: Subsection (f) and (h) support the necessity of providing records in an accessible format, which can include electronic transmission or mailing.
- Confidential Information and Redactions:
- Provision: Agencies may provide copies of records containing confidential information after making necessary redactions. This implies that they should provide a copy if redactions are required.
- Implication: Subsection (f) and (h) imply that if records require redactions, the agency should create a new version and provide it in an accessible format, which can include mailing.
- Preventing Retaliation:
- Argument: In-person requests force identification, which can lead to retaliation, deterring access to public records.
- Supporting Provision: Subsection (b) allows for both oral and written requests, implying flexibility in accommodating different methods of request to prevent undue burdens on requesters.
Fees and Charges:
- Provision (Subsection c):
- Agencies can charge for search, retrieval, redaction, and copying of records, not exceeding 10 cents per page for standard documents or the actual cost for electronic records.
- Implication: The cost for mailing records should reflect the actual cost of media and mailing expenses, making it feasible for agencies to mail records without undue financial burden.
Conclusion:
Based on Georgia Code 50-18-71, agencies must accommodate requests for records in accessible formats, which can include mailing. The provisions ensure that electronic records must be provided in a format accessible to the requester, which is critical given your distance and the potential for retaliation with in-person requests. The law supports the necessity for agencies to provide records in the format requested, including mailing, especially when records require redactions.
Legal References:
- Georgia Code 50-18-71(f)
- Georgia Code 50-18-71(h)
- Georgia Code 50-18-71(c)
§ 50-18-73.
(b) In any action brought to enforce the provisions of this chapter in which the court determines that either party acted without substantial justification either in not complying with this chapter or in instituting the litigation, the court shall, unless it finds that special circumstances exist, assess in favor of the complaining party reasonable attorney’s fees and other litigation costs reasonably incurred. Whether the position of the complaining party was substantially justified shall be determined on the basis of the record as a whole which is made in the proceeding for which fees and other expenses are sought.
(c) Any agency or person who provides access to information in good faith reliance on the requirements of this chapter shall not be liable in any action on account of such decision.
§ 50-18-74. Penalty for violations; procedure for commencement of prosecution.
(a) Any person or entity knowingly and willfully violating the provisions of this article by failing or refusing to provide access to records not subject to exemption from this article, by knowingly and willingly failing or refusing to provide access to such records within the time limits set forth in this article, or by knowingly and willingly frustrating or attempting to frustrate the access to records by intentionally making records difficult to obtain or review shall be guilty of a misdemeanor and upon conviction shall be punished by a fine not to exceed $1,000.00 for the first violation. Alternatively, a civil penalty may be imposed by the court in any civil action brought pursuant to this article against any person who negligently violates the terms of this article in an amount not to exceed $1,000.00 for the first violation. A civil penalty or criminal fine not to exceed $2,500.00 per violation may be imposed for each additional violation that the violator commits within a 12 month period from the date the first penalty or fine was imposed. It shall be a defense to any criminal action under this Code section that a person has acted in good faith in his or her actions. In addition, persons or entities that destroy records for the purpose of preventing their disclosure under this article may be subject to prosecution under Code Section
I believe Bonnie Kudela and chief Castleberry to be acting in bad faith.
I am asking the Attorney General to look into this complaint and ensure that the City of Moultrie complies with the Open Records Act by providing the requested videos electronically or via mail. The refusal to do so not only hinders my work as a journalist but also sets a concerning precedent for public access to information.
Thank you for your attention to this matter. I look forward to your timely response.
Sincerely,
Billy Blume
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