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By DAN TELVOCK
Five e-mails that a Circuit Court judge ordered the Spotsylvania County Board of Supervisors to release to School Superintendent Jerry Hill haven't reached his hands five months later.
Spotsylvania County Attorney Jacob Stroman filed a notice of appeal in Hill's Freedom of Information Act lawsuit, which keeps the e-mails confidential until the appeal is resolved or dropped. The notice cites six arguments Stroman and outside counsel would raise in the appeal to the Supreme Court of Virginia.
To date, $56,139.17 has been spent for outside counsel, Patrick Taves, to defend the lawsuit.
As supervisors continue through one of the tightest budget years in decades, the cost of continuing the case is likely to be a topic in their closed-meeting discussion of the appeal. That closed meeting was scheduled for Thursday, but has been postponed.
"I know the issue of cost is always important, but that is one consideration to be weighed," Stroman said. "We always have the option to conduct the appeal in-house."
Hill's lawsuit stems from a FOIA request he made to the county government in April 2007, seeking all information used in a criminal case against him. Hill was charged in 2006 with an election-law violation and obstruction of justice in connection with a flier the School Board distributed that was critical of the 2005 bond referendum process. Special prosecutor King George Commonwealth's Attorney Matt Britton eventually dropped the charges.
Since then, Hill has been exploring a civil lawsuit against unnamed parties involved in the case.
Stroman said the notice of appeal is, in part, a precautionary measure. Hill's deadline to appeal has passed.
"Do we have a respectful disagreement about those five e-mails? Yes, we do. Was that the largest issue in the lawsuit? No," Stroman said, adding that proving the county acted in good faith was more important.
Hill's attorney, Steven Webster, declined to comment yesterday.
The Circuit Court order states that if the appeal is dropped, the county government must produce the e-mails in five business days.
"Right now, I couldn't say what that decision is going to be," said Board of Supervisors Chairman Jerry Logan, when asked if the county was going to drop the appeal.
Judge David Beck ruled in November 2007 that the county took two days more than allowed to respond to Hill's request for information and that it withheld documents that should have been released.
The judge also ruled that none of the actions were willful. Therefore, he did not order an injunction, fine the county or make the county pay Hill's court costs. Beck also said the county has not shown a "pattern of non-disclosure" in how it handled the FOIA requests.
After the decision, both sides claimed victory.
Dan Telvock: 540/374-5438
Email: dtelvock@freelancestar.com
| Although Circuit Court Judge David Beck ruled in November 2007 that the county government must release five e-mails to School Superintendent Jerry Hill to comply with his Freedom of Information Act request, the notice of appeal allows the county to continue withholding the e-mails. The five e-mails are:
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. 27, 2005, e-mail from Hap Connors*
A Sept. 15, 2005, e-mail from Spotsylvania Schools Spokeswoman Sara Branner to "KSN" that included the bond referendum flier the School Board crafted.
*This e-mail was not originally mentioned during the court case in November. |
