Friday, March 14, 2008
News
County: Assault report will not be released
By LIZ SHEPARD Argus-Press Staff Writer
CORUNNA - County commissioners rejected an appeal of a Freedom of Information Act denial Thursday that would have released an attorney's report of Sheriff Jon Wilson's alleged assault against Lt. Mike Ash.
Bennington Township resident Kay Lauro filed the FOIA requesting all correspondences concerning the incident between Wilson and Ash last month. County Clerk Lauri Braid gave Lauro documents, including the complaint, but the report was denied because attorney/client privileged material is exempt under FOIA.
FOIA, or Freedom of Information Act, is a law giving citizens and the media the right to request certain documents from public entities. Officials have up to five business days to provide the information and can also request an extension.
Lauro said previously she made the appeal because she wanted all sides of the incident made public.
“Should you desire to release that report you betray nobody's trust. Should you desire to not release that report, you betray public trust,” Lauro said before the commissioners made their decision.
Commissioner Jack Johnson was the only dissenting vote, and said he obtained advice from two outside legal counsels who agreed Wilson shouldn't have gotten a copy of the report because he wasn't the client. Due to its highly publicized nature - with some sources telling Johnson it had become common knowledge around the County Courthouse, in blogs and Wilson's reference of it in a letter to the editor - he thought it should be released.
“I see no reason why (not releasing the information) serves the best interest of this county or the people in their right or need to know both sides of the story, not just the one side that was framed by Sheriff Wilson (in the press),” he said.
Commissioner Gerald Cole said the board shouldn't operate based on hearsay of anonymous sources stating the document is public knowledge.
Commissioner Jon Michael Fuja also spoke out in disagreement of Johnson, citing the need to protect the complainant's privacy, even if it had previously been released.
Johnson said who the letter discussed was no secret and Ash had requested a copy of it.
Sparkes cut Johnson off after the mention of Ash and said details of the document had to be discussed in closed session.
During Tuesday's Committee of the Whole meeting, the commissioners went into closed session for about two hours to discuss the client/privileged letter and collective bargaining agreement.
While he previously agreed with Johnson, Commissioner Dan Stewart said his “...change of heart came through remarks and justification that was obtained in a closed session and I cannot divulge that information.”
Johnson also questioned the process Lauro went through and why an inventory of what documents were being denied wasn't given to Lauro after her FOIA request last month, which county attorney Dave Stoker said should have been done.
“It just begs the question, if one document was left off the inventory, were their others?” Johnson said.
Stoker, who was present for the hearing, said according to the Sheriff's Department, there were no other documents.
Bennington Township resident Kay Lauro filed the FOIA requesting all correspondences concerning the incident between Wilson and Ash last month. County Clerk Lauri Braid gave Lauro documents, including the complaint, but the report was denied because attorney/client privileged material is exempt under FOIA.
FOIA, or Freedom of Information Act, is a law giving citizens and the media the right to request certain documents from public entities. Officials have up to five business days to provide the information and can also request an extension.
Lauro said previously she made the appeal because she wanted all sides of the incident made public.
“Should you desire to release that report you betray nobody's trust. Should you desire to not release that report, you betray public trust,” Lauro said before the commissioners made their decision.
Commissioner Jack Johnson was the only dissenting vote, and said he obtained advice from two outside legal counsels who agreed Wilson shouldn't have gotten a copy of the report because he wasn't the client. Due to its highly publicized nature - with some sources telling Johnson it had become common knowledge around the County Courthouse, in blogs and Wilson's reference of it in a letter to the editor - he thought it should be released.
“I see no reason why (not releasing the information) serves the best interest of this county or the people in their right or need to know both sides of the story, not just the one side that was framed by Sheriff Wilson (in the press),” he said.
Commissioner Gerald Cole said the board shouldn't operate based on hearsay of anonymous sources stating the document is public knowledge.
Commissioner Jon Michael Fuja also spoke out in disagreement of Johnson, citing the need to protect the complainant's privacy, even if it had previously been released.
Johnson said who the letter discussed was no secret and Ash had requested a copy of it.
Sparkes cut Johnson off after the mention of Ash and said details of the document had to be discussed in closed session.
During Tuesday's Committee of the Whole meeting, the commissioners went into closed session for about two hours to discuss the client/privileged letter and collective bargaining agreement.
While he previously agreed with Johnson, Commissioner Dan Stewart said his “...change of heart came through remarks and justification that was obtained in a closed session and I cannot divulge that information.”
Johnson also questioned the process Lauro went through and why an inventory of what documents were being denied wasn't given to Lauro after her FOIA request last month, which county attorney Dave Stoker said should have been done.
“It just begs the question, if one document was left off the inventory, were their others?” Johnson said.
Stoker, who was present for the hearing, said according to the Sheriff's Department, there were no other documents.