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Invasion of Privacy/Slander

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K

Kansasjase

Guest
What is the name of your state? Kansas

I am formerly an employee of a municipality. Recently my employment was terminated. In the three months prior to my termination, the mayor and some of the council members have openly discussed details of my "situation" both in and out of council meetings... it is my understanding and my attorney agrees that matters concerning non-elected personnel cannot be discussed outside of executive session.

My attorney has stated that I have a very solid case for invasion of privacy and slander (much of what has been discussed was strongly slanted). However, he says that what I would get out of it is a different story. He says I have to show economical loss in order to be rewarded monetarily by in a lawsuit. He says that I need to figure up what my financial losses are before he can send out "letters of demand." I have gotten another job, it's with my uncle and I don't know if it's permanent or not. Is there not punative damages for rights violations or anything like that? Yes, I'd like money, but I want to send the message to these people that they cannot freely violate my rights and break their own rules without any consequences.

Thank you.
 


Dandy Don

Senior Member
Who have they spoken to out of council meetings about your situation? Is there any official record of what they have said about you on the minutes of their meetings?
 
K

Kansasjase

Guest
There is no official record of what was said during the meeting except that "matters were discussed." The city clerk tends to be selective as to what goes into the official minutes. However there were visitors present in each instance.

The mayor and one council member have openly talked to atleast two people that I know of outside of council meetings. The mayor also owns the bank in town (the same bank that the city funds are kept in) and has talked to customers about my issue and has even gone as far as showing them city receipts that he had concerns about. He apparently kept the receipts with him so he could show anyone that asked about the problem and use them as "ammo" for his argument.

I'm reluctant to divulge specific details as is would comprimise the validity of my invasion of privacy claim.
 

dequeendistress

Senior Member
So were you terminated due to some funds that were missing from the city??? Or was it for unauthorized expenditures on the muncipalities account.
 
K

Kansasjase

Guest
No, not for missing funds. The official records states "for misuse of city gas card." As I said, I cannot get into specifics, to do so would complicate my case for invasion of privacy.
 

dequeendistress

Senior Member
http://search.netscape.com/ns/boomframe.jsp?query=kansas+freedom+of+information&page=1&offset=1&result_url=redir?src=websearch&requestId=19ed60d63583c16c&clickedItemRank=1&userQuery=kansas+freedom+of+information&clickedItemURN=http%3A%2F%2Fwww.nfoic.org%2Fweb%2Fresource%2Fkansas%2Fkansas.htm&invocationType=-&fromPage=dshmai&ampTest=1&remove_url=http://www.nfoic.org/web/resource/kansas/kansas.htm

Exceptions to the Open Records Act
The KORA recognizes that certain records contain private or privileged information. The Act lists several exceptions, including:

Personnel records of public employees
Records protected by the attorney-client privilege
Records closed by the rules of evidence
Notes and preliminary drafts
Engineering and architectural estimates
Records that include information which would reveal the precise location of an archeological site.
A list of additional exemptions can be found in K.S.A. 45-221.

The only persons privy to information in a personnel matter are the officials, the person in question etc. The meeting should be closed and then publically reopened after the personnel problem is handled. What you have described is unethical in the least.
 
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