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FOIA cases spotlight law, modern technology
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
One important fact about approximately 20 of the admittedly public documents that Ms. Waters did provide is, she redacted with a black magic marker, sentences and paragraphs. These were clearly public documents, discussing planning commission meetings and other public business. It is ridiculous that she would redact sentences and paragraphs out--it the document is public, then she must provide it to me. She cannot on her own modify or redact public documents. She must provide the entire complete and true document.
Further, if Ms. Waters communicates with constituents using her personal computer, she cannot hide those emails by claiming that they are "personal." They then become public documents. The whole point of FOIA is to provide open and transparent government, so that decisions are not made in secrecy. If Ms. Waters can avoid that by using her personal computer, then the Freedom of Information Act is rendered meaningless.
Posted by sallymann
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Why is a principal entity of the issue in question permitted to post data at will? This seems to be a bit out of control in terms of reader responses becoming part of the story itself. I'm not a journalist of any type (unless you count the time I put in on my college newspaper), but I would think that a stakeholder in a story would be kept from 'driving' the story in the user comment section. Mrs. Mann should stop trying to influence either the ongoing story or the outcome by restraining her desire to post near-real-time responses to data published by the Loudoun Times.
Posted by rwnj
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This is nothing more than aggrieved Sally Mann trying to make matters worse. This woman is dangerous...if you look at all of her divisive blogs over the last few months,even back as far as the Milari Madison case, Sally Mann needs to stop writing letters, seeking FOIA docs and check herself into the nearest mental health facility. She lashes out at anyone who doesn't agree with her.She is really over the edge...and it is all about greed...she is angry because of her land deal...someone needs to "tent her house" and pump in some oxygen quickly, she is puffing on something other than air!!
Posted by Skybird
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It would seem that Skybird would like for Ms. Mann to stop what she is doing, just as we all would. To do so though, she needs to get at the truth and she is being stonewalled by three county supervisors. Ms. Waters, Mr. Burton, & Mr. York need to be forthcoming and start obeying the laws of the land instead of trying to seek special status by virtue of their office. It seems to me that if they have purposely kept the relevent information and e-mails from Ms. Mann then they should be proscecuted to the fullest extent possible. And, if their actions rise to the level of criminality and they should be treated as such.
From their actions so far I am very happy that only one represents me in any fashion at all. And, after watching the actions that these three have taken you can be sure that none of them would get my vote in the near or distant future. They have brought shame on the Loudoun County Board of Supervisors and their offices.
Posted by Bubba
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FOIA is to provide an open government. When and if our elected officials are obstructing a person's right to review public documents, there is a big problem. It appears that there may be a secret or two. Sally Mann is one of the very few that has the resources and abilities to stand up for her rights and to ensure that the government is serving all citizens in accordance with the law. The facts in the matter are very important. Why is Ms. Waters redacting so much information based on her own desire? Even worse, why are the supervisors appealing the judge's order to turn over the information in accordance with the law and our tax dollars are being used by the county attorney to defend the bos members for what they claim is personal. Isn't that why a person, even a bos member, has to hire an attorney?
Posted by byebyeburton
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Openness in government is a basic tenet of our republic. No member of the Board of Supervisors should be above the Freedom of Information Act. I, for one, am glad that someone is standing up to find out.
Posted by TJ
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Since I am the only other person with unrestricted access to these supposedly top secret public documents, I will tell you exactly what they include. Discussions between Lori Waters and I in regard to her political campaign. I do not have a specific role on her campaign, but did host a successful fundraiser for her, we are good friends, and we discuss politics on a regular basis. Such documents are clearly NOT public documents.
Sally Mann has already contacted Phyllis Randall, Waters' democratic opponent, and offered to share this information with Ms. Randall. Ms. Randall shared this with Lori to her great credit. There is absolutely no way that this information should be provided to Ms. Mann one week prior to an election. FOIA is not intended to make public all political correspondence of incumbent politicians, and I am certain that this was never the legislative intent of the FOIA laws.
Ms. Mann, you apparently believe there is some great big conspiracy against you and your land use case. I am telling you right now that I could care less about your case and have NEVER discussed your land use case with Ms. Waters. She takes her oath of office very seriously and all information associated with your legal cases involving the board are sealed from public view. She has never violated that bond with me, or anyone else that I am aware of. THIS IS NOT ABOUT YOU!
This is a vendetta against Lori Waters by someone who has become increasingly unhinged in my opinion.
Posted by jeffwolinski
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