Tuesday, November 17, 2009
Durham county attorney cites statutes protecting memo
Durham County Attorney Lowell Siler cited four laws today protecting a memo sent Friday from planning Director Steve Medlin to County Manager Mike Ruffin that details the status of a debated protest petition.
Siler responded to a request from the Indy for the document this afternoon, stating that four statutes related to confidential communications by legal counsel to a public board or agency, pending litigation and personnel privacy (specific citations listed on the jump) preclude the memo from being released to the public.
"We want to be open," Siler said by phone. "We have no desire to withhold any information that can be released, but we have a mandatory responsibility to exercise some privileges by law as it relates to the disclosure of information."
Siler said his department has been going through the "analysis" presented to Ruffin Friday and that he doesn't know if any portion of it can be released. He did say that commissioners could vote to release some of the information (see citation on jump).
"It looks like the whole thing is privileged," Siler said.
County commissioners are scheduled to meet in closed session at 10 a.m. Thursday, and it's unclear whether they could take any action in open session regarding the memo, or the debated protest petition.
The controversy surrounds the status of a protest petition filed in the October rezoning of the Jordan Lake watershed by two environmental groups. Had the petition been valid, it would have required at least a 4-1 vote in favor of the rezoning, instead of the simple majority of 3 votes to 2. But the county said the petition was invalid. The petitioners asked the county to revisit their verdict, even after commissioners voted to rezone the watershed.
In an announcement Nov. 5, Siler said that he maintained the planning department's ruling that the petition was invalid, and the problem was related to signatures. But the county continued to examine the petition, and protesters say they've heard Friday's memo from Medlin to Ruffin actually finds the petition is valid.
But, as stated above, Siler says the memo is protected and not open for public review. He cited these laws:
GS 132-1.1 : "Confidential communications by legal counsel to public board or agency ..."
This clause states that commissioners could decide to make the information public:
Such written communication and copies thereof shall not be open to public inspection, examination or copying unless specifically made public by the governmental body receiving such written communications;
GS 132-1.9 : "Trial preparation materials" - includes materials prepared in anticipation of legal proceeding, even if the proceeding has not commenced
GS 153A-98 : "Privacy of employee personnel records" - relating to county employees
GS 160A-168 : "Privacy of employee personnel records" - relating to city employees
Comments (2)
Showing 1-2 of 2
I have just been advised by the county attorney's office that they have finished their review of the document for the purpose of identifying possible protections under the public records law and that they have given a copy with certain portions redacted to the manager's office. This is nothing less than what they promised me they would do when I was directed to them yesterday. The attorney's office has directed me to the manager's office to obtain a copy. I have called the manager's office to repeat my request for a copy and I am now waiting to hear back from them. So far, it appears that the disappointment I expressed yesterday may have been premature. I anticipate being able to collect a copy of the memo before the end of the business day today. Maybe then we will know more about where the 751 zoning case stands.
like
dislike
Siler forgot the all-important GSA 400-15B: "Privacy of materials that might embarrass the County Attorney" - relating to recent statements to the press and to the BOCC
Latest in Triangulator
-
Durham council to consider granting 751 South utilities at Feb. 20 meeting
Southern Durham Development could receive city water, sewer services to build controversial new community.
- Feb 9, 2012
-
In "Carrboro Commune" CVS takeover, no arrests, no SWAT team, plenty of controversy
A group of 20 anti-capitalist protesters occupied CVS-owned in property in downtown Carrboro for three hours Saturday night before walking out at the strong encouragement of town police and Carrboro Mayor Mark Chilton, who each told them they would be charged with breaking and entering if they did not leave.
- Feb 5, 2012
-
Breaking: Anti-capitalist occupiers say they've taken new Carrboro CVS
- Feb 4, 2012
- More »
Author Archives
-
Can school districts truly affect which charter schools are approved?
State board wants better picture of how charters impact traditional public schools.
- Jan 31, 2012
-
Judge: Controversial rezoning for 751 South was legal
Opponents of large new community in southern Durham lose their civil case, allowing controversial 751 South project to move forward.
- Jan 13, 2012
- More »
