Former Centerville police chief files notice of lawsuit
Former Centerville Police Chief Sid Andrews has filed a lawsuit notice that claims his privacy rights were violated when city officials disclosed that he resigned for health reasons.
State law requires that a notice of a claim against a municipal government be filed within six months of the alleged violation. The notice also provides time for possible negotiation of an out-of-court settlement.
Andrews served as police chief for almost six of the nearly 15 years he worked for the Centerville Police Department. His resignation was effective June 30, 2015.
Andrews declined comment Tuesday through Bill Smith, his Lawrenceville attorney. Neither Andrews being a public figure nor the public's right to know the reason for the resignation outweighed Andrews' right to privacy, Smith said.
"I don't believe being a public official means your private life is an open book," Smith said Tuesday. "And I don't think the law supports that position either."
City Attorney Rebecca Tydings said the matter is being handled by the city's insurer. Monica Harris, a resolution manager for Gallagher Bassett Services, a third-party administrator handling the claim for the insurer, declined comment.
Andrews is seeking $75,000 for compensatory damages from lost wages and emotional harm and $6,500 for attorneys' fees and costs, according to the Dec. 10 notice obtained by The Telegraph under the state's open records laws.
Andrews is alleging an invasion of privacy based on information disclosed by Mayor John Harley and then-Councilman Jon Nichols that was published in The Telegraph.
In a June 12 news article about Andrews stepping down, Harley said Andrews was leaving his post due to health reasons. Harley also said Andrews has had several back and abdominal surgeries in recent years and that he battled other health issues. Harley also said that Andrews was on medical leave when he submitted his resignation.
Smith said Harley did not need to disclose "all (Andrews') business" and details of his surgeries.
Harley said he has not read the intent-to-sue letter.
"I'm trying to stay out of this thing on purpose. ... I'll let the insurance companies figure it out," Harley said.
In the same Telegraph article, Nichols said he supported Andrews' decision to leave his post to focus on his health and family.
"Chief (Andrews) came in saying he needed to resign due to health issues, saying his health was most important," Nichols said in the article. "We accepted his resignation based 100 percent on health reasons, and I'm very proud of what he's done for us."
Efforts to reach Nichols for comment Tuesday were unsuccessful.
The other two articles -- published July 7 and Sept. 9 -- said Andrews had resigned "for health reasons" and were not any more specific. But even that information should not have been disclosed, Smith said.
"If he's not committing a crime and he's not resigning for malfeasance or something like that and he just wants to resign because he's not in great health at the time, I don't see why that information should be for the public domain," Smith said. "Our position is that being a cop, or even a police chief, that doesn't make your life an open book."
Information from Telegraph archives was used in this report. To contact writer Becky Purser, call 256-9559, or find her on Twitter@becpurser.
This story was originally published January 12, 2016 at 6:16 PM with the headline "Former Centerville police chief files notice of lawsuit ."