Quote of the week
FOIA cases spotlight law, modern technology
Local
By Shannon Sollinger
Source: Loudoun Times-Mirror: http://www.loudountimes.com/news/2007/oct/31/foia-cases-spotlight-law-modern-technology/
WEDNESDAY, OCTOBER 31 2007
District Court Judge Dean Worcester has not yet ruled on Sally Mann's Freedom of Information Act request to see all e-mails to and from seven individuals and Supervisor Lori Waters (R-Broad Run), including those on her home computer and personal accounts.
But "it does not meet the purpose of FOIA that the official can decide what is public or private," Worcester said Oct. 26 at the conclusion of testimony.
This case and two other similar ones could be headed for the Virginia Supreme Court.
Worcester ruled in favor of openness in two cases earlier this month, and ordered Board Chairman Scott York (I) and Jim Burton (I-Blue Ridge) to turn over materials from their home computers to Mann. Both cases have been appealed to the Circuit Court, and Mann has filed an emergency injunction to be allowed to see all the e-mails without waiting for the court case to unfold.
Technology, Worcester said, has far outstripped the law, and it may be time for the General Assembly to bring the law into the modern era of multiple e-mail accounts and wireless e-mail phones. Waters, he said, may leave the office, but the office follows her everywhere.
Mann said she seeks information on communications to and from York, Burton and Waters, and opponents of Mann's application to develop land she owns on Route 704 just south of Hamilton. In court Oct. 26, she said she wants to know the relationship between Waters and Jeff Wolinski.
Wolinksi, she charged, is probably the Loudoun Insider blogger on the Too Conservative Web site. As Loudoun Insider, she charged, he has opposed her land-use application and disparaged her personally. She wants to know what, if anything, he has said to Waters and other supervisors.
A recent posting on Too Conservative reads, "Under threat of legal action I have removed all references to a certain woman. Please refrain from talking about you know who."
Loudoun Insider responds, "I disagree ... but will respect his wishes. ... Check comments for more, including Firetti threatening to sue Lori Waters."
Waters said later that Mike Firetti, the Republican running against York for the at-large seat on the Board of Supervisors, had threatened her at a recent campaign forum at River Creek Country Club. "I told him I would not talk to him without a witness present. He came back, pointed a finger at me, and said, 'We're going to sue you and sue you and keep suing you until we expose you.' "
Firetti denied the account, saying he had asked Waters if she would support him in the race. "She refused," Firetti said.
Leesburg Supervisor Jim Clem, also running, confirmed he was standing next to Waters and Firetti. He said he heard an exchange but "couldn't tell what the conversation was about."
Mann charged in court that Waters withheld some e-mails from her home computer, which may have been to or from Wolinski, and redacted, or inked out, portions of others.
Waters replied, under oath, "I have provided everything that had anything to do with anything we might vote on at the Board of Supervisors. ... Personal e-mails are not subject to FOIA."
Assistant County Attorney Milissa Spring argued that FOIA deals with public records, not private business. "Just because Mrs. Waters is a public official doesn't mean she doesn't have a private life. When Lori Waters is doing Lori Waters' business, dealing with friends or her campaign, it is not subject to disclosure."
Mann's FOIA request, Spring concluded, "is politically motivated."
Mann concluded, "I want to know their [Waters and Wolinski] relationship. What are the e-mails she would not give me. The law says she has to turn over all the documents, or say why not."
The law, said Spring, does not cover personal documents.
Someone, Worcester said, will have to decide.
Del. Joe May (R-western Loudoun) agreed that the General Assembly will have to revisit the FOIA legislation to close the gap between the original law and modern communication technology. May chairs the Joint Commission on Technology and Science, which has addressed similar problems with computer theft and hacking.
Waters said the law cannot be used to force her to turn over campaign e-mails. If that is the ruling, she said, she will probably appeal.
"This is not about public records. I think Mrs. Mann is using FOIA to seek revenge because I did not vote for her land-use application. "
Wolinksi, she said, does not live in her district but has supported her campaign, as have numerous individuals all over the county.
Contact the reporter at ssollinger@timespapers.com
Local
By Shannon Sollinger
Source: Loudoun Times-Mirror: http://www.loudountimes.com/news/2007/oct/31/foia-cases-spotlight-law-modern-technology/
WEDNESDAY, OCTOBER 31 2007
District Court Judge Dean Worcester has not yet ruled on Sally Mann's Freedom of Information Act request to see all e-mails to and from seven individuals and Supervisor Lori Waters (R-Broad Run), including those on her home computer and personal accounts.
But "it does not meet the purpose of FOIA that the official can decide what is public or private," Worcester said Oct. 26 at the conclusion of testimony.
This case and two other similar ones could be headed for the Virginia Supreme Court.
Worcester ruled in favor of openness in two cases earlier this month, and ordered Board Chairman Scott York (I) and Jim Burton (I-Blue Ridge) to turn over materials from their home computers to Mann. Both cases have been appealed to the Circuit Court, and Mann has filed an emergency injunction to be allowed to see all the e-mails without waiting for the court case to unfold.
Technology, Worcester said, has far outstripped the law, and it may be time for the General Assembly to bring the law into the modern era of multiple e-mail accounts and wireless e-mail phones. Waters, he said, may leave the office, but the office follows her everywhere.
Mann said she seeks information on communications to and from York, Burton and Waters, and opponents of Mann's application to develop land she owns on Route 704 just south of Hamilton. In court Oct. 26, she said she wants to know the relationship between Waters and Jeff Wolinski.
Wolinksi, she charged, is probably the Loudoun Insider blogger on the Too Conservative Web site. As Loudoun Insider, she charged, he has opposed her land-use application and disparaged her personally. She wants to know what, if anything, he has said to Waters and other supervisors.
A recent posting on Too Conservative reads, "Under threat of legal action I have removed all references to a certain woman. Please refrain from talking about you know who."
Loudoun Insider responds, "I disagree ... but will respect his wishes. ... Check comments for more, including Firetti threatening to sue Lori Waters."
Waters said later that Mike Firetti, the Republican running against York for the at-large seat on the Board of Supervisors, had threatened her at a recent campaign forum at River Creek Country Club. "I told him I would not talk to him without a witness present. He came back, pointed a finger at me, and said, 'We're going to sue you and sue you and keep suing you until we expose you.' "
Firetti denied the account, saying he had asked Waters if she would support him in the race. "She refused," Firetti said.
Leesburg Supervisor Jim Clem, also running, confirmed he was standing next to Waters and Firetti. He said he heard an exchange but "couldn't tell what the conversation was about."
Mann charged in court that Waters withheld some e-mails from her home computer, which may have been to or from Wolinski, and redacted, or inked out, portions of others.
Waters replied, under oath, "I have provided everything that had anything to do with anything we might vote on at the Board of Supervisors. ... Personal e-mails are not subject to FOIA."
Assistant County Attorney Milissa Spring argued that FOIA deals with public records, not private business. "Just because Mrs. Waters is a public official doesn't mean she doesn't have a private life. When Lori Waters is doing Lori Waters' business, dealing with friends or her campaign, it is not subject to disclosure."
Mann's FOIA request, Spring concluded, "is politically motivated."
Mann concluded, "I want to know their [Waters and Wolinski] relationship. What are the e-mails she would not give me. The law says she has to turn over all the documents, or say why not."
The law, said Spring, does not cover personal documents.
Someone, Worcester said, will have to decide.
Del. Joe May (R-western Loudoun) agreed that the General Assembly will have to revisit the FOIA legislation to close the gap between the original law and modern communication technology. May chairs the Joint Commission on Technology and Science, which has addressed similar problems with computer theft and hacking.
Waters said the law cannot be used to force her to turn over campaign e-mails. If that is the ruling, she said, she will probably appeal.
"This is not about public records. I think Mrs. Mann is using FOIA to seek revenge because I did not vote for her land-use application. "
Wolinksi, she said, does not live in her district but has supported her campaign, as have numerous individuals all over the county.
Contact the reporter at ssollinger@timespapers.com
