Judge says Conneaut councilman must surrender e-mail message
By MARK TODD - Staff Writer - mtodd@starbeacon.com Star Beacon
CONNEAUT — A Conneaut councilman must surrender an e-mail message at the center of a public records lawsuit filed by a city department supervisor, a judge has ruled.
The order, issued by Ashtabula County Common Pleas Court Judge Ronald Vettel, compels Ward 1 Councilman Dave Campbell to “immediately” provide the e-mail to either Bob Howland, Public Works Department director, or his attorney, Nicholas Iarocci.
Howland’s right to the e-mail via his public records request is “well-taken” and “clear,” Vettel said in a ruling in response to a filing made by Iarocci. “It is apparent no valid reason exists for (Campbell’s) refusal to disclose the documentation requested,” Vettel said.
Iarocci, reached for comment Thursday, said he will initiate a contempt of court action if Campbell doesn’t provide the information by late this afternoon.
Campbell, however, said he has no intention of providing the message as long it can identify the sender, and will wait for his scheduled hearing next month before Vettel.
“I’m entitled to my day in court,” he said. “July 17 I’ll show up. I respect the law and have faith in the judicial system.
At issue is an e-mail Campbell received early this year from a city employee regarding a guardrail replacement project on Keefus Road performed by a private company for several thousand dollars. The message reportedly informed Campbell the city had material on hand to do the work in-house and a contractor wasn’t necessary.
Howland wants to see the message and made a public records request. Campbell has resisted, saying he wants to protect the identity of the sender.
Law Director Lori Lamer informed Campbell he must hand over the message to Howland since it deals with a public works project and he referenced it publicly at meetings and on a local talk show.
Last week, Lamer said the city is not obliged to pay Campbell’s legal bills because he disregarded her legal advice. Campbell said he contacted the city’s insurance carrier himself about his situation and provided background information.
Any contempt action filed by Iarocci seems premature, Campbell said. “I’m not even set up with my legal defense,” he said.
Campbell said he has no problem complying with any order handed down by Vettel — after his July hearing date. “Until then I have to protect my source,” he said.
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