Pulaski County Circuit Judge Chip Welch on Monday followed through with his promise to set the secrecy guidelines for attorney Robert Newcomb to receive the human-resources investigation into Little Rock Police Chief Keith Humphrey.
Welch issued a five-page ruling after Newcomb and attorneys for the city and police chief could not reach an agreement over how Newcomb would get the 27-page report without revealing details of the personnel findings that cannot be disclosed to the public. Personal reviews are deemed to be secret unless they form the basis for a decision to terminate or suspend a public employee.
The judge ruled last week that Newcomb was entitled to see the report, along with its 5,000 pages of documentation, on behalf of client Charles Starks, a former Little Rock police officer suing the city, Mayor Frank Scott Jr. and Humphrey over allegations that they deliberately ran him off the job.
The report might provide evidence that Starks can use in his lawsuit, the judge said.
Monday's order reaffirms Welch's statement that Newcomb can't use the report outside the Starks litigation without getting the judge's permission by submitting a written motion. Such a motion -- and any response -- must be submitted under seal if it discloses any of the findings. The secrecy provisions will apply unless the report is ever deemed to be public record, the judge stated.
Newcomb wants to be able to question the report's author, Loretta Cochran, about her findings under oath on Thursday at a Civil Service Commission hearing challenging the chief's decision to terminate another Newcomb client, David Mattox. Mattox and Starks have made retaliation accusations against the chief.
The judge stated that Newcomb will need his permission for that use.
Cochran has criticized the Mattox firing decision as a "clear indication of racial discrimination, hostile working conditions and retaliation" by Mattox's supervisors, including the chief.