Attorney: County, coroner violating FOIA

Request to view e-mail account to gain information about city vs. county lawsuit denied

By JOE PERRY
Item Staff Writer
jperry@theitem.com

Sumter County Coroner Harvin Bullock and the county of Sumter are in violation of the South Carolina Freedom of Information Act, according to S.C. Press Association Attorney Jay Bender.

On Feb. 24, The Item submitted requests to Sumter County Administrator Bill Noonan and County Information Technology Director Pylisha Ward to review Bullock's e-mail account from Aug. 29, 2008, to present, based on acquiring more information regarding a lawsuit brought by the city against the county involving the medical care and security costs of a now deceased bank robber.

A letter dated March 17 from County Attorney Johnathan Bryan states that he is not convinced that e-mail is a public record. Bryan also states that "there is no real archive of e-mail that has gone through any server owned by Sumter County."

In a Thursday telephone conversation, Bryan said "You got your answer," referring to his two-page letter.

"If you don't like it, bring your lawsuit," he added.

Bender said e-mail is unquestionably a part of the public record, citing a State Supreme Court decision from last year in the case of Seago vs. Horry County.

"The (state) Supreme Court says very clearly that these records are public records," Bender explained. "Computerized records are public records."

Bender also characterized Bryan's response as "absurd," as The Item's request was not for copies, but simply to scan the e-mails.

"Obviously he's interested in Sumter County being sued for access to public records. Saying e-mail is not a public record is absurd on its face," he said. "There's absolutely no question about this."

Bender pointed out the definition of public records stipulates the form, whether digital or otherwise, is moot. In his letter, Bryan suggests otherwise.

"In my opinion, e-mail is a series of the numerals '1' and '0' in electronic format. I will acknowledge that once e-mail is printed on paper, then it becomes a document and potentially a public record," Bryan wrote. "However, I am not willing to concede that electronic media which require a computer and certain software in order to be deciphered constitutes a document."

Bender said Bryan should look at the definition of public records, which states: "'Public record' includes all books, papers, maps, photographs, cards, tapes, recordings, or other documentary materials regardless of physical form or characteristics prepared, owned, used, in the possession of, or retained by a public body.'"

The physical form, Bender said, means that the record does not have to be on paper. Bender also said if Sumter County has no archive of e-mail, they are breaking the law.

"If they're destroying e-mail, they're probably in violation of the state's records retention law," he added.

Item Editor and Osteen Publishing Co. Chairman Hubert Osteen said the county "doesn't have a leg to stand on."

"We're going by the law and they should abide by the law as well," he said. "It's quite clear according to our reading of the South Carolina Freedom of Information Act and that of the attorney for the state press association. We think the county should be forthcoming with this public information and cease and desist from breaking the law."

The Item also submitted a Feb. 24 request for resumes of Bullock's deputy coroners. Bryan answered in a March 17 letter that Bullock is "willing to produce the resumes," as he has three in his possession and is looking for another. However, no resumes were provided to The Item within the 15-day period allowed by the S.C. FOIA.

When asked Thursday why he was not complying with the FOIA, Bullock said he "would have to take that up with Johnathan Bryan."

"He represents me with county matters," he said. "We feel like we're operating the way we're supposed to."

He also said he's been busy with coroner duties and took up the matter with Bryan "and presumed we met the deadlines we were supposed to meet."



Contact Staff Writer Joe Perry at jperry@theitem.com or (803) 774-1272.







Gregory Bernard Jackson, 56, died Jan. 9 at Palmetto Health Richland from complications of a gunshot wound to the the head, as well as pneumonia and emphysema, according to one page of an autopsy report obtained by a FOIA request to Bullock. (To this date, Bullock has yet to provide a final autopsy report, even though two months have passed since his death).

On Aug. 29, 2008, Jackson, of Florence, reportedly shot a male employee at South Carolina Community Bank, 201 S. Main St., and took $17,500, pedaling away on a bicycle with a sawed-off shotgun. Jackson was shot in the head near Dingle Street and South Sumter Street by Sumter County Sheriff's Deputy Joe Lane after he reportedly pointed his shotgun at deputies several times while trying to escape. Jackson was taken to Palmetto Health Richland and placed on breathing and feeding tubes, under around-the-clock police guard.

Jackson's medical bills and security costs are the focus of a Dec. 3 lawsuit filed by the city of Sumter against Sumter County and Administrator Bill Noonan, Sumter County Sheriff Anthony Dennis and his office, Sumter-Lee Regional Detention Center and its director, Maj. Simon Major. Sumter Police Chief Patty Patterson has said neither she nor the city has the authority to pay medical expenses on a pre-trial detainee for a General Sessions court charge. She also has said Jackson was the county's responsibility, as he was never officially booked at the jail.

Dennis has said there was never any discussion with his city counterpart of reimbursement of medical or security services provided. He has also said his deputies were responding to a call in city jurisdiction to provide back-up to city officers. Lane was cleared of any wrongdoing by the State Law Enforcement Division and the Third Circuit Solicitor's office, he has also noted.

Patterson estimated costs of the security provided by the Sumter Police Department at between $50,000 and $75,000, stressing those figures were only an estimate. Neither she nor City Attorney Martha McElveen Horne were able to provide a dollar amount as to what Jackson's medical bills might be.

The Item submitted FOIA requests to Dennis, Patterson and Bullock in an effort to obtain a better understanding of what Jackson's medical costs were, as well as to attempt to shed more light on the lawsuit.