From the Charlotte Observer (12/9/09): In an apparent violation of state law, the Lincoln County sheriff ordered employees to delete e-mails requested by the Observer, the sheriff's former spokesman said.
Jon Mayhew, who was fired from the sheriff’s office on Monday, told the Observer that Sheriff Tim Daugherty ordered him and an executive assistant to delete personal and business e-mails from his account following the Observer request.
“He ordered me to go and delete emails,” Mayhew said. “And then asked someone else, his administrative assistant, and had her delete emails that she saw fit.”
Daugherty could not be immediately reached. His attorney said Wednesday morning that he was unaware of the allegations.
Any county emails received on public computers are considered public documents. According to N.C. public records laws, public officials may not destroy or dispose of any public records without the consent of the Department of Cultural Resources. If convicted of the misdemeanor charge, the official faces a fine up to $500.
The Observer filed a request under the N.C. Public Records Law on July 20 for four months of e-mails written and received by the sheriff, his chief deputy, and another deputy. The sheriff didn’t produce the e-mails until October. State law requires that the public documents requested be released “as promptly as possible.”
“The sheriff said, ‘we can fill it when we want to,’ ” Mayhew said. “I said. ‘That’s not what the law says.’ He said, ‘That’s what I say.’”
Daugherty has been embroiled in an eight-month controversy since local bloggers brought up allegations of cronyism and illegal activity at the sheriff’s office. Daugherty, specifically, came under fire when he initially pledged support of his chief deputy, Barry Taylor, after his indictment for obstruction of justice in a 2007 traffic stop. Taylor was convicted of a misdemeanor in October and fired. He was accused of improperly taking over a DUI investigation involving an acquaintance.
Since then, Daugherty, a Democrat, has also been indicted on two counts of felony obstruction in conjunction with the same traffic stop. His trial is scheduled to begin in January.
Assistant District Attorney Gwynn Radeker said Wednesday that he may contact Mayhew to see if he has any additional evidence that can be used in the criminal trial.
“I’d love to know what was deleted,” he said.
Lincoln County commissioners – all Republicans – are pursuing legal options to remove the sheriff. They also want to talk with Mayhew to see if he has any evidence that could help in their case to have the sheriff removed from office.
“Our attorney needs to understand the details of Jon’s complaint and what the county should be doing about it relatively to the upcoming hearing,” said Commissioner George Arena.
By Franco Ordoñez and Joe DePriest, Charlotte Observer Staff Writers