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Spotsy ordered to release 4 e-mails
Judge orders Spotsylvania government to release several documents to Superintendent Jerry Hill in connection with a FOIA requestDate published: 11/8/2007
By DAN TELVOCK A Spotsylvania County Circuit Court judge ordered county officials to release some of the documents they withheld in response to Superintendent Jerry Hill's Freedom of Information Act request. Judge David Beck ruled yesterday that the county took two days more than allowed to respond to Hill's request for information and that it withheld four documents that should have been released. The judge also ruled that none of the actions was willful. So he did not order an injunction, fine the county or make the county pay Hill's attorney fees. Beck also said the county has not shown a "pattern of non-disclosure." Hill filed the FOIA request April 20, seeking all information used in a criminal case against him last year. Hill was charged with an election-law violation and obstruction of justice in connection with a flier the School Board handed out that was critical of the 2005 bond referendum. Since the prosecution failed last summer, Hill has been exploring a civil lawsuit against unnamed parties. County officials withheld about 30 documents, citing attorney-client privilege, but Beck said four of those documents should be disclosed, including: An Aug. 6, 2005, e-mail former Supervisor Bob Hagan sent to the county administrator and supervisors. A Sept. 21, 2005, e-mail that Supervisor Hap Connors sent to three supervisors. A Feb. 21, 2006, e-mail from former county attorney Mark Taylor to at least five supervisors. Beck said the e-mail was for informational purposes only and did not contain legal advice. A Sept. 15, 2005, e-mail from Sarah Brown to "KSN" that included the bond referendum flier that the School Board crafted. In documents the county did supply, two e-mails had portions blacked out. In court yesterday, Beck said county officials did not have to disclose the blacked-out portions of a Sept. 9, 2005, e-mail between Supervisor Gary Jackson and former political leader Russ Moulton. Beck said FOIA states that it "should not be construed to discourage the free discussion by government officials or employees of public matters with the citizens of the commonwealth." The other e-mail that was not released in its entirety was published by The Free Lance-Star after Moulton released it. After the decision, both sides hailed victory.
Read more stories about Spotsylvania Date published: 11/8/2007
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