National Freedom of Information Coalition

Ruling: Dallas officials' e-mails must be turned over

By JENNIFER LaFLEUR, The Dallas Morning News

jlafleur@dallasnews.com

DALLAS -- State District Judge Gena Slaughter has ruled that the city of Dallas must release e-mails requested more than 22 months ago by The Dallas Morning News, including messages from city officials' personal accounts or hand-held devices used to conduct city business. In late 2005, two News reporters submitted separate Texas Public Information Act requests for access to e-mails from several Dallas officials, including City Manager Mary Suhm, former Mayor Laura Miller and housing director Jerry Killingsworth.

The News filed the lawsuit in July 2006 after exhausting other efforts to obtain the information, said David Starr, vice president and deputy general counsel of Belo Corp. Belo is the parent company of The News.

"This case is very significant," Mr. Starr said. "It's the first Texas court decision addressing whether e-mails relating to city business that are sent or received on a personal e-mail account are subject to disclosure under the Texas Public Information Act."

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Dallas City Attorney Tom Perkins did not respond to requests for comments on the ruling, which was handed down Friday. The city can appeal the decision.

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"This is a really important decision," said Charles Davis, executive director of the National Freedom of Information Coalition. "One of the arguments we're seeing emerge among public officials is that certain delivery platforms or technological devices should be, by their very nature, private because they own them, or they keep them in their pocket."

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