Idaho Supreme Court hears arguments on public records case
Wednesday, April 4, 2007 12:22 PM PDT
COEUR DALENE (AP) — Idaho’s Supreme Court has been asked to determine whether e-mail messages sent between public employees using public computers can be considered private and thus exempt from the state’s open records law.
Sitting here, the five justices heard arguments Tuesday from lawyers representing Kootenai County Prosecutor Bill Douglas and former Juvenile Drug Court supervisor Marina Kalani and a newspaper that wants to see nearly 900 e-mails between them.
The court is expected to announce its ruling sometime later this year.
The case is an appeal from a July 2005 ruling by Idaho 2nd District Judge John R. Stegner favoring The Spokesman-Review newspaper of Spokane, Wash. He held that the public has a right to read the full contents of hundreds of e-mails exchanged between the prosecutor and Kalani.
The newspaper sought the exchange of electronic letters as part of investigations into the demise of the juvenile drug court, and the nature of the relationship between Douglas and a subordinate. Douglas and Kalani both have said the e-mails contained only friendly banter. Kalani and Douglas both appealed Stegner’s ruling. The newspaper argued the e-mails should be available to the public because they were generated by government employees at work, using taxpayer-owned equipment.
Douglas, who later dropped out of the appeal, and Kalani were among those listening to arguments Tuesday.
Gregory D. Horne, a Coeur d’Alene lawyer representing Kalani, argued that 889 e-mails exchanged between his client and Douglas are personal in nature and therefore should not be released under the Idaho Public Records Act.
As a government employee, Kalani has a constitutional right of privacy that should prohibit the release of the e-mails, even if they were sent on a government computer during the work day, Horne argued.
The justices also were asked whether details of a cash settlement between Kootenai County and Kalani should be available as a public record.
Tracy LeRoy, representing the newspaper, told the justices the settlement should be public. The Idaho Counties Risk Management Program, which defended Kootenai County and reached the settlement with Kalani, opposed release of the agreement.
Risk management program attorney Phillip Collaer, of Boise, argued that the public has no right to see such agreements, even if they involve public money.
LeRoy disagreed.
‘‘The payment of public funds to a public employee should be a matter of public record,’’ he said.
Cowles Publishing Co., which owns The Spokesman-Review, sued Kootenai County commissioners to gain access to all e-mails between Douglas and Kalani, after more than half were withheld or had passages blacked out because they were personal.
The county’s e-mail policy says that employees forfeit their right to privacy when they use government computers.
Erika Grubbs, general counsel for the county and director of administrative services, said before Tuesday’s hearing that officials hope the court’s ruling will help clarify e-mail issues.
Kootenai County employees are allowed to access the Internet and send e-mails for personal use during breaks as long as it’s appropriate and doesn’t break any laws.
‘‘The balance of individual privacy interests and the public’s right to view documents generated or retained by public entities is a difficult one,’’ she said.
