From the Charlotte Observer (12/10/09): 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 assistant to delete personal and business e-mails from the sheriff’s account following the Observer request.
Mayhew’s allegations are the latest against the sheriff, who faces obstruction of justice charges stemming from an eight-month controversy over his department operations.
Daugherty, through his attorney, denied any wrongdoing related to e-mails.
“Mr. Mayhew was never ordered by the sheriff to break the law,” said Sean Devereux, who is representing Daugherty in his criminal case. “If Mr. Mayhew’s conscience started bothering him, it is telling that it did not start bothering him until after he was fired.”
Mayhew, who was hired in June, said he lost his job after refusing to impede another public-information request. He said he deleted “personal e-mails” while the sheriff’s assistant removed electronic messages that included sheriff’s business.
Mayhew said he does not know what office e-mails were deleted by the assistant, who sat across the hall from the sheriff.
But one day Mayhew, who sat nearby, said he heard her calling out and asking Daugherty if she should delete specific messages.
“And I spoke up and I said, ‘I don’t think we can do that, sheriff.'”
Mayhew said Daugherty responded: “‘Well I can, I’m the sheriff.'”
According to N.C. public records laws, any e-mails written or received by officials regarding public business are considered public documents.
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, the official faces a fine up to $500.
“The destruction of public records is quite serious,” said Amanda Martin, general counsel for N.C. Press Association. “The public records laws in place allow the public the ability to understand what is being done by our government and how it’s being done.”
On July 20, the Observer requested four months of e-mails written and received by Daugherty, his chief deputy and another officer. The sheriff didn’t produce the e-mails until October. State law requires that requested public documents be released “as promptly as possible.”
Devereux, who was not the sheriff’s attorney at the time of the Observer’s request, said he’s asked Daugherty to forward him the newspaper’s original request and copies of the e-mails turned over.
“I hope to be able to determine which e-mails were provided to the newspaper and which ones – if any – were not,” he said. “And, if there were e-mails which were not provided, an explanation for that fact. As I understand the law, the Freedom of Information Act contains exceptions for certain personnel matters.”
In July, Daugherty’s chief deputy, Barry Taylor, was indicted on charges for obstruction of justice connected to a 2007 traffic stop. He was accused of impeding a DUI investigation involving an acquaintance.
Taylor was convicted of a misdemeanor in October and fired.
Since then, Daugherty, a Democrat, has been indicted on two counts of felony obstruction in conjunction with the same case.
His trial is scheduled to begin in January.
Assistant District Attorney Gwynn Radeker said Wednesday he may contact Mayhew to see if he has evidence that can be used in that trial.
“I’d love to know what was deleted,” he said.
Lincoln County commissioners – all Republicans – are pursuing legal options to remove Daugherty.
They also want to talk with Mayhew. Alex Patton, who chairs the commissioners, said the accusations of deleting e-mails merit a state investigation.
“If this is true, if he purposefully deleted e-mails after requests were given,” he said, “it’s another chapter in this ongoing saga that someone better investigate.”
by By Franco Ordoñez, Charlotte Observer Staff Writer