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.
WHAT THE E-MAILS SAY
Aug. 6, 2005, e-mail from former Supervisor Bob Hagan to county administrator and all supervisors says he thought the School Board and staff were engaging in unlawful activity by taking a side on the 2005 bond referendum.
Sept. 21, 2005, e-mail from Supervisor Hap Connors to all supervisors, county attorney and county administration says the materials the School Board handed out about the 2005 bond referendum are "campaign materials produced and distributed by county employees that advocate a position, which is illegal."
Sept. 15, 2005, e-mail from Spotsylvania schools spokeswoman Sara Branner to Spotsylvania County spokeswoman Kathy Smith contains the 2005 bond-referendum flier the School Board created that resulted in Superintendent Jerry Hill's indictment.
Sept. 27, 2005, e-mail from Supervisor Hap Connors to unknown parties says: "I have seen other comments from Board members who don't want to get into a (tit for tat) contest with the School Superintendent or Board. But, I do believe when the very people who are entrusted with educating our kids are breaking the law AND lying, then we have a serious breach of trust."
Feb. 21, 2006, e-mail from former County Attorney Mark Taylor to all supervisors says that King George Commonwealth's Attorney Matt Britton, who was the special prosecutor in Hill's case, described to him proof that the School Board chronically abused open-meeting laws.
"Matt notes that some of the proof to be brought forward may also form the basis for a civil complaint by the BOS against the School Board."
Read more stories about Spotsylvania Date published: 5/11/2008
What a waste(posted by
southwest
, May 11, 2008 9:36 am)
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!
