Arguments made in newspapers’ lawsuit

Attorneys representing Tabor-Loris Tribune and The News Reporter made oral arguments to a three-judge panel of the North Carolina Court of Appeals in Raleigh Thursday in connection with a year-old public records lawsuit filed by the two county newspapers.

It may be next year before a decision is made on the appeal, said Amanda Martin, a Raleigh lawyer representing the newspapers. Hugh Stevens, her law partner, joined Martin before the court.

Jim Morgan, another attorney from Raleigh, represented Columbus County before the court. He was joined by the county’s staff lawyer, Steve Fowler.

Hearing the arguments were judges Marty Geer, Barbara Jackson and Eric Levinson. Judge Geer presided.

Judges are expected to decide if a Superior Court judge erred earlier this year when he ruled in favor of Columbus County on a lawsuit brought by the newspapers.

At issue is a memorandum prepared by former Columbus County Emergency Services Director Ronnie Hayes in fall 2005 relating to Dr. Fred Obrecht’s status as the county’s medical director. Because Dr. Obrecht is an independent contractor with the county, not an employee, the newspapers maintained that documents regarding his performance were not protected by the state’s public records laws.

There is a chance the judges won’t rule directly on the case at all, because lawyers for the county have filed a motion to dismiss the appeal. They say the appeal does not provide details on just what error Judge Gary Locklear made when he ruled in favor of the county.

Martin told the judges that Judge Locklear’s ruling was brief, and gave no explanation as to his reasoning. Judge Geer said Martin’s appeal was like many that have come before the appeals court, and that the county’s notice also contained technical errors.

Morgan argued that because the memo was as much about Dr. Obrechts interaction with Hayes as it was about the doctor’s performance, that it would be impossible to separate private and public sections of the memorandum.

Judge Levinson said that interpretation might lead the law down a “slippery slope” that would allow virtually anything written by a public servant to be kept secret in their personnel file.

“It sounds like practically anything can be a reflection on the author,” Judge Levinson said.

“This is Mr. Hayes talking about what Mr. Hayes believes,” Morgan said. (By DEUCE NIVEN)