The new ‘gun control’ is law enforcement control.

10/21/2010

Mr. Dunwoody:

I must advise you that your request is more in the nature of a request for information or an interrogatory than it is a Kansas Open Records Act (“KORA”) request. The KORA affords public access to existing documents and does not require a public entity to create a new document in responding to a KORA request. Nevertheless, as an accommodation to you in this instance, we are answering your questions but without thereby acquiescing in an interpretation of the KORA that would require the City to do so in the future. There will be no charge to you for the costs incurred by the City in constructing this response. However, we do not thereby acquiesce in an interpretation of the KORA that would require this waiver of fees with respect to future requests.

The insurance policy of the City that responded to the Kerry Patrick claim and lawsuit was the law enforcement and police professional liability policy, an occurrence policy, issued through the First Mercury Syndicate, Inc., of the Illinois Insurance Exchange (“insurance company”) for the policy period from March 15, 1994, to March 15, 1995. The premium paid for the policy period from March 15, 1994, to March 15, 1995, was $128,588. The premium paid for the policy period from March 15, 1995, to March 15, 1996, was $128,438. The premium paid for the policy period from March 15, 1996, to March 15, 1997, was $116,322. In late 1996, the general managing agency for the insurance company indicated that law enforcement and police professional liability coverage was no longer being offered through the insurance company. Hence, the City moved to the St. Paul Fire and Marine for its law enforcement and police professional liability coverage and all other coverages for the policy period from March 15, 1997, to March 15, 1998. The premium paid for the law enforcement and police professional liability policy was $96,080 for the policy period from March 15, 1997, to March 15, 1998.

The cost to the City of defending the City, the Mayor and the Chief of Police in the Kerry Patrick matter was the $100,000 deductible paid by the City. This payment consisted of payment by the City directly to the Spencer Fane law firm of $10,274.08 for its initial defense of the City and the Mayor, and to the Bryan Cave law firm of $8,799.30 for its initial defense of the Chief of Police. These payments were made in 1995, prior to the assumption of the payment obligation by the City’s insurance company. The City was given a credit against its deductible for the payments it had made to the law firms. The City paid to the insurance company the balance due on its deductible of $80,926.62 on December 19, 1996, all of which amount was attributable to additional defense costs.

With respect to your request that the City “confirm that the lawsuit was settled out of court based on the recommendation of the city’s insurance carrier,” the City has found no record that provides such a confirmation. With respect to your request “for any settlement payments paid by the City of Overland Park outside of the insurance settlements to Mr. Patrick and/or his attorney Mr. Dennis Egan and/or court costs,” the City has found no record of such payments. Kerry Patrick and his attorneys voluntarily dismissed, with prejudice, all claims against the City and the Mayor. No funds, public or private, were paid to Mr. Patrick or to his attorneys in return for the dismissal. All claims by Kerry Patrick against the Chief of Police were settled and dismissed and the Chief of Police denies any liability. No public funds were paid to Mr. Patrick or to his attorneys in return for the settlement.