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| Death doesn't end lawsuit; DetNews-August 19, 2009 | |
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| Tweet Topic Started: Aug 19 2010, 08:09 PM (203 Views) | |
| Administrator | Aug 19 2010, 08:09 PM Post #1 |
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Death doesn't end lawsuit Friends will take place of advocate who died after filing FOIA case on teacher e-mails Valerie Olander / The Detroit News Howell-- Organizations and individuals are lining up to continue a court fight to determine whether teacher e-mails are public records under the Freedom of Information Act after the original litigant died last month. After the July 20 death of 39-year-old Chetly Zarko, transparency advocates began looking for a stand-in to carry the lawsuit over the e-mails forward in the Michigan Supreme Court. They hope to overturn a state Court of Appeals ruling that said the 5,500 e-mails Zarko sought were "personal" and not subject to public inspection. Zarko filed a Freedom of Information request for the e-mails with Howell Public Schools in 2007 to determine if leaders in the teachers union had used school district computers during work time to lobby school board members and candidates during contract negotiations. The Howell Education Association sued the district to block the release of the e-mails, and Zarko was allowed to join the case as an intervening party. Zarko would want the lawsuit to continue, said Arthur Siegal, an attorney for the late activist. "There's no doubt. This is something he felt very strongly and very passionately about," he said. Siegal notified the Supreme Court of Zarko's death and reserved the right to seek a substitute plaintiff. The court allows 90 days. Eric Rothoff of Muskegon, a former high school friend and partner in Zarko Research and Consulting, is expected to be appointed as the estate's personal representative. Rothoff said Zarko "was adamant about transparency and making sure government was handling taxpayers' money correctly." The Mackinac Center for Public Policy and the Michigan Press Association filed a joint legal brief with the Court of Appeals last year in support of releasing the e-mails. "This is of critical importance," said Patrick J. Wright, director of the Mackinac Center Legal Foundation. "The Court of Appeals decision is poorly reasoned, and for those who want to keep tabs on government and what its employees are doing, this ruling is crucial." Another group, the National Right to Work Legal Defense Foundation, also had been giving free legal assistance to Zarko, who operated websites and conservative blogs, such as OutsideLansing.com and OaklandPolitics.com. The Michigan Education Association, representing the Howell teachers union, said it will fight to uphold the appeals court ruling. MEA attorney Kathleen Boyle said the e-mails are no different than mailboxes kept in the main office of a school where teachers received memos, mail and union communications. Just because a letter was in the mailbox does not make it public record, she said. "In our view, it's the same thing except the information was transmitted by e-mail," Boyle said. "The e-mails are not about government function and not subject to FOIA." volander@detnews.com (313) 223-3320 From The Detroit News: http://detnews.com/article/20100819/SCHOOLS/8190419/1026/rss06#ixzz0x6GS5dks |
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| Administrator | Aug 19 2010, 08:22 PM Post #2 |
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FOIA Lawsuit Should Continue 8/19/2010 7:45 AM The death of a the man who filed a lawsuit seeking copies of e-mails sent among union leaders on government-owned computers in Howell Public Schools should not mean an end to the case supporters say, according to The Detroit News. Chetly Zarko, who passed away July 20, filed a Freedom of Information Act request for the e-mails in 2007. "This is of critical importance," Patrick J. Wright, director of the Mackinac Center Legal Foundation, told The News. "The Court of Appeals decision is poorly reasoned, and for those who want to keep tabs on government and what its employees are doing, this ruling is crucial." The Mackinac Center and the Michigan Press Association filed a joint "friend of the court" brief in support of Zarko's case. |
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