When it comes to public records law, not all e-mails on government-owned computers are equal, according to an April 25 ruling by the Arizona Supreme Court.
E-mails of a “purely personal” nature sent or maintained on government accounts are not necessarily public record, but disputed documents can be privately examined by trial court judges to decide if they are covered by public records statutes, according to the court’s unanimous opinion.
Though broad, if Arizona’s public records law were interpreted differently, government officials would be forced to disclose a range of common non-work related personal notes and communications such as grocery lists and children’s report cards, ruled the court.
“The public records law was never intended to encompass such documents,” wrote Chief Justice Ruth McGregor. “The purpose of the law is to open up government activity to public scrutiny, not to disclose information about private citizens.”
The e-mails in question were not examined by the Arizona Supreme Court, which also ordered a trial court to determine if Phoenix Newspapers, Inc., is entitled access to the documents.
The opinion states that ex-Pinal County Manager Stanley Griffis and others withholding e-mails will bear the burden of establishing that disputed e-mails are not public record.
Mark Scarp, an editorial writer for the East Valley Tribune and current member of the First Amendment Coalition, said he considered the opinion to be beneficial for obtaining records and information that previously would be denied by public entities.
“Anytime you have the possibility of more access it’s a victory,” said Scarp, a journalist of 20 years’ experience. “It still requires going before a judge if the agency doesn’t want to give you something, but at least it’s not an absolute ‘no.’”
The case, Griffis v. Pinal County and Phoenix Newspapers, Inc., stems from a corruption investigation of Griffis, who pleaded guilty in January to six felonies related to his use of county funds to purchase rifles and ammunition, to pay off auto loans and to remodel a home.
The charges include multiple counts of fraud schemes and artifices, theft, and fraudulent preparation of tax returns, as part of a plea agreement secured by former Maricopa County Attorney Rick Romley.
Though Griffis faces up to 51 years in prison and as part of the agreement will be ordered to pay $640,000 in restitution to Pinal County and the Arizona Department of Revenue, Romley said he recommended a 10-year sentence due to the “extreme violation of public trust, the large amount of money and the length of time he was stealing.”
Griffis, a decorated Air Force veteran of the Vietnam War, will be sentenced before a Maricopa County Superior Court judge, instead of a Pinal County jurist, to avoid any appearances of conflicts of interest, said Romney.