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Here is the law:

§ 38-1-10. Disposal of records.

No public official may mutilate, destroy, sell, loan, or otherwise dispose of any public record without the consent of the public records administration program of the secretary of state.

§ 38-1-4. Keeping of records in vaults provided – Penalty.

Whoever unlawfully keeps in his or her possession any public record, or unlawfully removes the record from the room in which it is usually kept, or alters, defaces, mutilates, or destroys any public record, or violates any provision of this section, shall, for each offense, be punished by a fine of not less than twenty dollars ($20.00) nor more than five hundred dollars ($500).

Notice that the law states WHOEVER. It does not state that the agency of the employee shall be fined. It does not say that the municipality shall be fined. It states in simple language - WHOEVER.

Since the chief has openly admitted on video that HE disposed of the records, HE should be fined.

If you get stopped for speeding, is the ticket written to the driver or to the manufacturer of the car?

The law is quite simple.

From: State Dept. responds to WFD record complaint

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