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Spotsylvania County Attorney Jacob Stroman says he will withdraw the appeal of Jerry Hill's Freedom of Information Act lawsuit
By DAN TELVOCK Spotsylvania County Attorney Jacob Stroman said yesterday he will withdraw the appeal of a decision in School Superintendent Jerry Hill's Freedom of Information Act lawsuit. As a result, Stroman disclosed five e-mails that a judge ordered to be released to Hill in November 2007. Stroman's action puts an end to the year-long legal battle over Hill's quest for information that was used against him in 2006 when he was indicted on charges of an election-law violation and obstruction of justice. The charges, which a special prosecutor eventually dropped, were in connection with a flier the School Board distributed that was critical of the 2005 bond-referendum process. Government employees, such as Hill, cannot advocate for or against bond referendums. The School Board contended it only released factual information about the referendum. Hill has been exploring a civil lawsuit against unknown parties ever since the charges were dropped. Hill received about 60 e-mails through his FOIA request, but about 30 documents were not disclosed because of attorney-client privilege. Some e-mails Hill received had information blacked out, which led Hill to file the FOIA lawsuit. In November 2007, Circuit Court Judge David Beck ruled that the county had the right to black out portions of some of the e-mails because FOIA "should not be construed to discourage the free discussion by government officials or employees of public matters with the citizens of the commonwealth." He also ruled that the county took two days more than allowed to respond to Hill's request for information, but those actions were not willful. The judge did not order an injunction, fine the county or make the county pay Hill's attorney fees. Still, both sides claimed victory. The county has to date spent $56,139.17 defending the lawsuit. Stroman wrote in a prepared statement that the Board of Supervisors believes that continuing the case "serves no public purpose because the court ruled that the county acted reasonably and in good faith." "The court further ruled that the county substantially prevailed in the lawsuit and that there was no willful violation of the Virginia Freedom of Information Act," Stroman stated. Hill did not return messages seeking comment. "We're pleased that the county has finally decided to stop using the taxpayers' money to prevent the release of public records," said Steven Webster, Hill's attorney. Dan Telvock: 540/374-5438
Read more stories about Spotsylvania Date published: 5/11/2008
It is a shame that the taxpayers of Spotsylvania County had to pay $56,000.00 for the county to hide e-mail messages. One can only conclude that all of the e-mails have been exposed except for the one written by Supervisor Gary Jackson. Mr. Jackson what is so shameful in your message that the general public has to pay $56,000.00 so that the contents of your message remains hidden. Mr. Jackson I always hear you talk about open government, yet you have supported just the opposite. THIS IS NOT GOOD GOVERNMENT!
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