News agencies sue governor over e-mails
Say public records law was violated
By: Becca Denison, Staff Writer
Issue date: 4/16/08 Section: State & National
The (Raleigh) News & Observer Publishing Company and 10 other N.C. news organizations filed a suit against Gov. Mike Easley on Monday for actions that they claim violate the state's public records law.
The plaintiffs argue that the Easley administration's deletion of government e-mails violates the law because most government electronic communication is considered public record and must be available to the public and the media upon request.
The legal action comes despite efforts by a review panel formed last month by Easley to address policies for retention of electronic records.
Rick Thames, editor of plaintiff The Charlotte Observer, said it is problematic that under state law government employees are authorized to delete e-mails at their own discretion.
"Our primary concern is that everyday public records are being destroyed as people are individually deciding what e-mail is public record and what is not," said Thames, who is also vice president of the Board of Directors of the plaintiff the N.C. Press Association.
"To wait even another day is to allow something to continue that we think is bad for the entire state."
As the policy now stands, state employees can delete e-mails when they think the documents have lost reference value.
Hugh Stevens, a Raleigh lawyer and secretary of the N.C. Press Foundation, will represent the news organizations. Stevens said the plaintiffs want to see if the suit will facilitate a resolution. "They had not gotten the kind of responses from Gov. Easley that they'd hoped for," he said. "It was decided that maybe it was time to go ahead."
Some plaintiffs said that they don't intend to interfere with the review panel but that it is unclear when the panel will make a decision.
"As far as I can tell, we're proceeding methodically," said Director of the UNC Program on Public Life and panel member Ferrel Guillory, referring to the panel's progress.
"I still think the governor wants us to give him some advice on how electronic communications should be handled," he said.
The plaintiffs argue that the Easley administration's deletion of government e-mails violates the law because most government electronic communication is considered public record and must be available to the public and the media upon request.
The legal action comes despite efforts by a review panel formed last month by Easley to address policies for retention of electronic records.
Rick Thames, editor of plaintiff The Charlotte Observer, said it is problematic that under state law government employees are authorized to delete e-mails at their own discretion.
"Our primary concern is that everyday public records are being destroyed as people are individually deciding what e-mail is public record and what is not," said Thames, who is also vice president of the Board of Directors of the plaintiff the N.C. Press Association.
"To wait even another day is to allow something to continue that we think is bad for the entire state."
As the policy now stands, state employees can delete e-mails when they think the documents have lost reference value.
Hugh Stevens, a Raleigh lawyer and secretary of the N.C. Press Foundation, will represent the news organizations. Stevens said the plaintiffs want to see if the suit will facilitate a resolution. "They had not gotten the kind of responses from Gov. Easley that they'd hoped for," he said. "It was decided that maybe it was time to go ahead."
Some plaintiffs said that they don't intend to interfere with the review panel but that it is unclear when the panel will make a decision.
"As far as I can tell, we're proceeding methodically," said Director of the UNC Program on Public Life and panel member Ferrel Guillory, referring to the panel's progress.
"I still think the governor wants us to give him some advice on how electronic communications should be handled," he said.
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