UPDATE: Missouri governor’s office settles e-mail deletion lawsuit

Tuesday, December 23, 2008 | 6:24 p.m. CST; updated 10:06 p.m. CST, Tuesday, December 23, 2008

JEFFERSON CITY — The governor’s office will provide free copies of e-mails to investigators to settle a lawsuit that accused Gov. Matt Blunt and other officials of “knowingly and purposely” violating the state’s open-records law by denying access to the documents.

Under the deal announced in Cole County Circuit Court on Tuesday, the Republican governor admitted no wrongdoing, while his office agreed to hand over tens of thousands of pages of e-mails from Aug. 17 through Oct. 31, 2007, and allowed investigators appointed by Democratic Attorney General Jay Nixon to inspect the office. The settlement also means that the lawsuit cannot be refiled against Blunt.

In a joint statement released after Tuesday’s hearing, the court-appointed attorneys and a lawyer representing Blunt said the agreement is a “comprehensive settlement of all the issues pertaining to the governor and his office.”

“Both parties agree, settlement of this matter is in the best interests of the citizens of the State of Missouri and the parties,” attorneys for both sides said in a written statement.

The e-mail lawsuit was scheduled for trial Jan. 5 — seven days before Blunt leaves office. A court hearing is set for that day should anyone want to object to the settlement.

Blunt spokeswoman Jessica Robinson the settlement ends a “13 month long legal fiasco” and accused investigators of timing the agreement around the holidays so that it would be unnoticed.

“Finally after making false accusation after false accusation and wasting hundreds of thousands of taxpayer dollars, the e-mail team brings this political case to a conclusion two days before Christmas,” Robinson said.

Blunt’s former chief of staff, Ed Martin, who this month had been added as a defendant in the case, called the probe “politically motivated.”

Nixon appointed special investigators in November 2007 to look into whether Blunt’s office was complying with e-mail retention laws. But a Cole County judge ruled that the investigators didn’t have standing to sue for access to governor’s office e-mail records and selected two special assistant attorneys general to continue the case.

The settlement agreement announced Tuesday gives Nixon’s investigators until Jan. 26 to file any written reports about document retention practices in the governor’s office. Before public disclosure of those findings, Blunt’s attorneys must receive an advance copy to attach a rebuttal by Jan. 30.

The controversy over e-mail deletions in Blunt’s office began in September 2007, when the Springfield News-Leader said it had requested e-mail communications between the governor’s office and anti-abortion interests but was told the e-mails didn’t exist.

As an explanation, a Blunt spokesman said governor’s office employees regularly deleted e-mails and denied they needed to be retained as public records — an assertion from which the office later backed off. Blunt also said he routinely deleted e-mails and the office had no policy governing when to retain e-mails.

E-mails are public records under Missouri law. Depending on the topic, some can be deleted soon after receipt, others must be kept for three years and some must be saved for the state archives.

About the same time the media were questioning Blunt’s e-mail policies, records show that Scott Eckersley, then a legal counsel to the governor, was assigned to update the office’s Sunshine Law policy. On Sept. 14, 2007, he sent an e-mail to several top Blunt officials recommending they respond to the media by acknowledging that e-mails can be public records that must be retained.

Eckersley was fired two weeks later. He has filed a separate wrongful termination and defamation lawsuit. Blunt officials say he was fired for justifiable reasons unrelated to e-mails, including for doing private business work with state resources.

The Associated Press, St. Louis Post-Dispatch and The Kansas City Star joined the e-mail lawsuit to pursue separate requests for e-mail records made under Missouri’s open records laws. Blunt’s office agreed in October to provide the news outlets with more than 60,000 pages of e-mails and released an additional 850 pages last week that the governor’s office initially classified as exempt from disclosure.

An additional 180 e-mails sought by the media consortium are still being withheld.


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Franklin P December 23, 2008 | 7:53 p.m.

This whole e-mail episode now seems to have been confirmed for what it seemed to be all along: nonsense. Months and months spent on this and the bottom line is no charges filed and no wrong doing by anyone from Gov. Blunt's office. These kinds of frivolous pursuits and investigations are why people lose faith in government to spend their time and money wisely.

(Report Comment)
don crozier December 24, 2008 | 8:16 a.m.

Seems clear enough to me:

"E-mails are public records under Missouri law"

Blunt deleted emails. Blunt settled so he didn't have to go to trial for breaking the law.

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