California is at odds with Ohio and Florida. Read this case about a sexual predator cop, which is EXACTLY what Liko said McKay was, regarding his alleged actions with a 13 year-old girl and others. According to my sources, the girl eventually moved away from Franconia and was traumatized.
Next we go to Part III(B) of the Motion, which will either appear in this post or be set off in the next:
Bruce McKay's apparent violation of Franconia police policies and the false, deceptive and misleading NH AG Official Report of 25 June, 2007.
Then Comes Part IV, Law and Argument, in which KingCast will address a LOT of things, depending on what information I receive in the next several days, but apparently it will address:
* Bruce McKay's personnel file in all of its component parts, i.e. performance reviews and annual evaluations/citizen complaints and responses/personnel matters that may reflect on his capacity to perform as a peace officer. I know, that's an oxymoron with McKay, but whatever we'll give it to him in a linguistic sense because there really are no words to succinctly describe that hater. At any rate, the NH Right-to-Know experts point out that this law is unsettled in New Hampshire. KingCast is about to change that. See generally. Union Leader v. City of Nashua., State v Theodosopoulous, NH ACLU v. City of Manchester and persuasive Federal Law of Kallstrom v. City of Columbus II. In Ohio, disclosure is AUTOMATIC under its Sunshine Act, because as Mentor Union President Tim Baker said:
"All of my members are good cops, so we have no problem opening up the Sunshine Law and letting it shine in." --- and Wickliffe's Chief James Fox said "But when you sign up for this job, in a position of public trust, that's part of the deal," Fox said, "You must accept the fact that your work-related life is a matter of public record."
KingCast submits that the residents of the Live Free or Die State should have no less protection against the government than those of a hayseed cow-town State like Ohio, after all. They're just a bunch of dumb, unsophisticated midwesterners, you know.
* Declaratory Judgment that the 150+ responses sent to the Franconia Selectmen are public records and that the failure to deliver them makes Franconia out of Rule and in violation of the letter and spirit of RSA 91-A. See Brian D. Lamy v. NH PUCO.
* Declaratory Judgment that Franconia Chief Montminy' initial response to KingCast on the Fox Hill "suspicious" issue violated the letter and spirit of RSA 91-A.
* Declaratory Judgment that the missing use-of-force report and police report from 2003 constitute a Right-to-Know violation.
* Declaratory Judgment that a police officer's failure to state his or her name, badge number and jurisdiction excepting truly exigent circumstances violates RSA 91-A.
* Declaratory Judgment that the AG is required to post the rest of its investigative files online because of the substantial and material conflicts it presents that are not respresented in its official file. Only allowing someone to come to the office to review such files after placing the conflicting report online violates the letter and spirit of RSA 91-A. See generally the David and Goliath post containing the case of Hawkins v. NH DHHS, which held that "cost is not a factor in determining whether the information is a public record." Also that The trial court correctly ruled that HHS was not required to create a new document. However, to the extent that the plaintiff requests the Medicaid claims compiled in their original form, we remand for further proceedings. The investigative files are not a new document. They exist already and it costs virtually nothing to put them online with the selected materials that the State has put on line. Also, there is not argument of privilege because that has been waived by producing the summary, persuant to Unincorporated Operating Div. of Ind. Newspapers, Inc. v. Trustees of Indiana University, 787 N.E.2d 893 (Ind. App. 4 Cir. 2003)..
* Declaratory Judgment that NH AAG Jeffery Strelzin intentionally or recklessly misrepresented the facts about why various taped interviews were not initially provided, which prompted the Ethics Complaint which immediately liberated them.
* Declaratory Judgment that the price of the taped interviews, at $10.00 per copy, is excessive and violates the letter and spirit of RSA 91-A because it costs virtually nothing to burn a copy of a CD/DVD with existing State resources and bulk CDs cost what, half-a-dollar.
* Declaratory Judgment awarding $9.00 per CD refunds to any and all media who paid the $10.00 per CD.
* Declaratory Judgment that the emails to and from the AG's office containing the names "Liko Kenney" or "Bruce McKay" be provided (1) under the principles of waiver and (2) because the case is closed and (3) because the Attorney-Client privilege is between NH AG Ayotte and KingCast, or any other citizen of the State of New Hampshire. As such, KingCast waives privilege and wants the emails. And the New Hampshire School Boards Association has stated as noted in this post that every email should be treated as public.
More may follow.