Pelham City Hall and the police department have declined requests to release the agency's investigative report concerning a group of officers heard on an audio recording making fun of special-needs children during a shift-change meeting last August.
The report stems from the police department's investigation into the police officers mocking special-needs students who attend the Linda Nolen Learning Center operated in Pelham by the Shelby County Board of Education.
Following the release of the recording by Alabama Media Group in late December, the police department issued a statement on Jan. 9 that concluded "there were failures of both policy and common courtesy on the part of some members of the department."
The department apologized to city residents "for those failures" and indicated a "detailed report of the investigation, including corrective actions taken to prevent future occurrences of this nature," would be provided to the mayor's office and the City Council.
Mayor Gary Waters, City Council President Rick Hayes and Deputy Police Chief Larry Palmer have denied requests made by Alabama Media Group to release the report. All cited recommendations from the city's legal counsel in denying the request.
Hayes said the city could at some point in the future release information contained in the report. "We're working through that with the attorneys on how we need to go about that," he said Tuesday night. "We're working through the right way to get you the information."
Butch Ellis, the city's attorney, said he has not been involved in discussions about the report with Pelham officials, "but they have been in touch with the office about those issues."
"Our general position is we don't even look at the release of internal investigations until the investigation is all complete and the decision is made about what part or any of it can be released," Ellis said. "If we've got an internal investigation going on, until we know the width, depth and breadth of it and come to some final conclusion, we don't release this."
The Pelham Police Department in its Jan. 9 statement noted it "has concluded its investigation into the allegations of insensitivity by members of the department during roll call in August of 2014."
Hayes noted "personal information" in the report that was part of the attorney's recommendation against releasing the document. Waters said the issue involved preventing the release of the officers' identities.
The mayor said he agreed with the findings and proposed disciplinary action contained in the report. The officers involved in the controversial remarks about the special-needs students, as well as the supervisors present at the meeting, will receive written reprimands that prevent them from getting a promotion or advancement for one year, he said.
"There was no malicious intent," Waters said, noting the issue reflects "leadership failures" at the police department. "We're still taking measures to correct that."
At one point in the recorded conversation, with laughter heard, an officer says about the students, "They just start rocking in their chairs and throwing [expletive] everywhere."
"They were so happy to see Al they offered him Crayons," another officer says, as laughter continues.
"My God. The sensitivity in this room," an officer says.
In the aftermath of the recording's release, Police Chief Tommy Thomas announced in an internal memo dated Jan. 5 that he was retiring effective March 1. The mayor and City Council that same day held a closed-door executive session with Thomas, Palmer, Police Officer Al Sanders and City Human Resources Director Janis Parks.
Others have expressed concerns about the remarks including former Pelham police officer Dustin Chandler, the father of a 3-year-old special-needs daughter and the driving force behind Carly's Law. Chandler resigned as a police officer with the agency over the recording's contents and other issues at the department.
Additionally, city officials and some members of the police department have met with Linda Nolen staff concerning the offensive remarks.