Thursday, July 12, 2007

And Now Deleting Records

Not only does the whole Jim Young code enforcement situation makes the City look bad, but it appears that the City may have gone ahead and deleted electronic records it should have known were going to be the subject of controversy or litigation.

In other jurisdictions and in the private sector, the courts have dealt rather severely with such conduct. In one instance we know of the court made the defendant pay for the reconstruction of the records from backed up computer records and also gave the jury an instruction that it could assume that the destroyed records would have been unfavorable to the defendant. The jury ultimately found against the defendant. It will be interesting to see how the judge in the Young matter deals with this situation.

Wouldn't it be nice if the City just played it straight for a change, so that cases like Jim Young's become a thing of the past. Does anyone really think that will be the case? Or will KW always be politically like the wild wild west?

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