City counsel sets straight reports on DPW warrants

By The Citizen staff report

Wednesday, March 18, 2009 11:43 PM EDT

The arrest warrant applications related to a city of Auburn investigation into its Department of Public Works are currently sealed and have been since the warrants were requested, according to the city attorney.
Prior conflicting reports were incorrect, Auburn Corporation Counsel John Rossi has stated.

In a letter sent Tuesday from Rossi to an attorney representing The Citizen and The Post-Standard newspapers, Rossi said his statement from a previous letter that the court will not seal the documents was a proofreading error on his behalf.

The Jan. 22 letter, which was sent to The Citizen denying a Freedom of Information request from the newspaper, should have stated that “the court would not change its order wherein the arrest warrant application was sealed,” Rossi stated in Wednesday's letter.

In the Jan. 22 letter, Rossi denied the request for documents related to the warrant applications, claiming that investigatory records are not subject to the Freedom of Information Act. He also stated in that letter that the information was not initially released due to pending court proceedings which would have sealed the original arrest warrants.

While the arrest warrant applications have yet to be unsealed, the city released documents earlier this week identifying the two former employees who used city-owned water backflow meters for personal gain. While no charges have been filed against the individuals, they paid approximately $4,000 in restitution between the two of them and issued public letters of apology.

The Citizen submitted a letter to city court Wednesday formally requesting the warrant applications and other related documents be unsealed.

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