By NICOLE CARTRETTE
Staff Writer

A public record is private no more in Columbus County.

In a 3-0 decision of the N.C. Court of Appeals filed July 3, the county has been ordered to turn over public portions of a memo to The News Reporter and the Tabor-Loris Tribune newspapers.

County officials say the information may be available as early as Friday.

The county and County Manager Jim Varner refused to release the document in September 2005 and the newspapers filed suit in October 2005.

The appeals court decision reverses in part the Nov. 16, 2006 decision of Superior Court Judge Gary Locklear who agreed with the county’s decision to withhold a letter prepared by former Emergency Services Director Ronnie Hayes.

“I know the seriousness of a personnel file but I also know this kind of information should have been addressed some time ago. We’ll abide by whatever the court says,” County Manager Jim Varner said. “

“I would not recommend nor do I believe the commissioners would recommend an appeal,” he added.

“The 3-0 decision sends a strong message. Perhaps the best thing to come from the decision is that the court reinforced that just because an item is placed in a personnel file doesn’t mean that it should shielded from public view,” Les High, editor of The News Reporter said Tuesday. “It’s unfortunate that it’s taken nearly two years to come to this point. Our paper and the Tabor-Loris Tribune have spent more than $20,000 fighting this thing, but it was the principle of it that mattered.”

County Attorney Steve Fowler sent a copy of the decision to the board via email on July 3. Fowler explained the memo was in the hands of contract attorneys Womble Carlyle in Winston Salem and that the firm would make the actual redactions.

The Hayes memo was sent to the Board of Commissioners in regard to the renewal of Dr. Fred Obrecht’s medical director contract with the county.

“We hold that the court erred in concluding that the entire letter was protected from disclosure,” the decision reads in part. “While portions of the letter are protected from disclosure, those portions can be redacted, and the remainder falling within the Public Records Act provided to the plaintiffs.”

The decision specifies exactly which sentences may be redacted and which sentences and paragraphs are to be made public.

“It is undisputed that Hayes’ letter was written by a county employee, who was required to work with the medical director, and was received by the Board in connection with its decision regarding whom to hire as medical director, an independent contractor of the County.

“We hold that under these circumstances, the Hayes letter constituted a public record,” the opinion reads.

While the court concludes that portions of the letter are protected, the judges disagree with [the county’s] suggestion that Varner placing the letter in Hayes’ personnel file made it confidential.

“Further, defendants’ contention would allow government officials to avoid disclosure of a document under the Public Records Act simply by placing a document in an employee’s file,” the decision explains.

The opinion clearly states that the portion of the letter recommending Dr. Peggy Barnhill for the position of county medical director and Hayes’ description of the Board’s conduct has “no basis” for being considered an exception to the public record’s law.

The opinion was prepared by Judge Martha Geer, with Judges Eric Levinson and Barbara Jackson concurring.