Court Orders Review Of Former County Employee's E-Mail
Last updated Friday, July 20, 2007 8:16 PM CDT in News
By John Lyon
THE MORNING NEWS
LITTLE ROCK -- The e-mail of a former Pulaski County employee charged with theft must be reviewed individually to determine whether they are public records subject to the Arkansas Freedom of Information Act, a deeply divided state Supreme Court ruled Friday.
In a 4-3 decision which dissenting justices warned would weaken the FOIA, the high court ordered Pulaski County Circuit Judge Mary McGowan to review the e-mail of former Pulaski County Comptroller Ron Quillin, who is accused of stealing about $42,000 from the county.
Quillin resigned his county job April 30 and was serving as chief financial officer for the state Division of Medical Services when he was arrested June 4. He faces 16 counts of felony theft of property, two felony counts of forgery and one misdemeanor count of abuse.
Qullin was fired from his state job June 11.
Last month, McGowan ordered the county to release e-mail between Quillin and a female employee of the county's financial software provider, e-Management Solutions. The Arkansas Democrat-Gazette is suing the county for release of the e-mail.
The county appealed, arguing that the e-mail are personal in nature and should not be considered public records just because they were sent or received on a county-owned computer. On Friday the Supreme Court remanded the case to circuit court for a review in camera, or in the judge's chamber, of the e-mail.
"We hold that in this particular case, it is necessary to conduct an in camera review of the e-mail to discern whether these e-mails relate solely to personal matters or whether they reflect a substantial nexus with Pulaski County's activities, thereby classifying them as public records," the court said in a per curiam order.
In a dissenting opinion, Justice Tom Glaze said state law makes it clear that all records maintained in public offices or by public employees within the scope of their employment are presumed to be public records.
"The majority's position unnecessarily prolongs the process and increases the expenses of a FOIA request, and in so doing needlessly infringes upon a citizen's right to obtain public records," Glaze wrote.
He said remanding the case for an in camera hearing "will seriously weaken the FOIA and its legislative intent."
In a separate dissenting opinion, Justice Annabelle Clinton Imber said releasing e-mail of a personal nature can be in the public's interest.
For instance, Imber wrote, e-mail that have come to light in this case show Quillin and the woman made plans to pass off an out-of-town liaison as a business trip.
"Where, as here, an alleged misuse of funds intersects with an extramarital affair, the timing and nature of the e-mail exchanges are material to the media's investigation into whether a county employee conducted county business in an open and public manner," Imber wrote.
Justice Paul Danielson concurred with both dissenting opinions.
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