Aug 23, 2012
Chapel Hill, N.C. — Superior Court Judge Howard Manning signed an order Wednesday requiring former University of North Carolina head football coach Butch Davis to turn over work-related phone records from his personal 216-area code cellphone within 30 days.
In the order, Manning stated, “University officials and coaches may not use their personal cellphones to 'dodge' or evade the North Carolina Public Records Law and may not avoid public scrutiny of their cellphone records by using their personal cellphones to conduct public business."
The records, stemming from an NCAA investigation into the football program when he was the coach, will be redacted to shield personal phone calls.The records were requested by a coalition of media outlets, including WRAL News.
Earlier this month, Manning allowed a protective order for the phone records, issuing terms that the records would first be reviewed by the attorneys of the media coalition and Davis. At the time, Manning said all private calling records for non-job related calls would be protected.
“I respect Judge Manning’s decision. My sole desire in this process has been to protect the privacy of my family and friends," Davis said in a statement Wednesday. "To the extent that my colleagues are inconvenienced by the release of these numbers, I apologize to them."
Davis was fired by the university in August 2011 after more than a year of investigation and allegations of both football and academic improprieties within the program. He received a $2.7 million buyout from the university and has since been hired as a special adviser with the Tampa Bay Buccaneers.
"While we appreciate judge Manning's ruling that Coach Davis does not have to disclose any of his private calls, the Davises will nevertheless provide partial numbers for such calls in order to allay any appearance of any impropriety," Davis' attorney, Jon Sasser, said. "The records of his business calls, which we will fully provide, will confirm the NCAA’s ruling, and UNC’s stated position, that Coach Davis has done absolutely nothing inappropriate.”
A week before his firing, Davis said that he would willingly release a redacted version of the records. After his firing, the release of the records became the subject of debate, and the records were eventually subpoenaed in October. Davis’ attorney filed a motion to quash the subpoena the following week. Then in July, Davis filed a protective order for the records and sought to have the lawsuit dismissed on the grounds that they were no longer relevant and that the release of them violates Family Educational Rights and Privacy Act.
"Judge Manning has made a significant ruling by finding that public officials cannot dodge the requirements of the Public Records Law by using private cellphones to conduct business," said Amanda Martin, attorney for the coalition. "Records of public business conducted on a personal cellphone still are public records. This is important because anything else would rob us of the transparency we deserve from public officials conducting public business."
An NCAA investigation into the football program found nine major violations related to academic misconduct, agent interactions and improper benefits. Davis’ name was not mentioned in the final report and he was never found to have any knowledge of the improprieties.
The school received a one-year postseason ban, three years of probation, a reduction of 15 scholarships over three years, a $50,000 fine and was forced to vacate all 16 wins that spanned the 2008 and 2009 seasons.
After all of this mess, when his phone records are finally released, you will see what a waste of time this has been. All of the haters going after UNC and Butch Davis will be sorely disappointed. A LOT of money was spent to get these records. They might as well have burned the cash in a fireplace. Waste of time. This will change nothing with Davis' future coaching or UNC's punishments. The NCAA has already reviewed these phone records. This is simply to release them to the public.- Posted by DeathRow-IFeelYourPain-NOT
- Posted by ChuckietheChestAfter all of this mess, when his phone records are finally released, you will see what a waste of time this has been. All of the haters going after UNC and Butch Davis will be sorely disappointed. A LOT of money was spent to get these records. They might as well have burned the cash in a fireplace. Waste of time. This will change nothing with Davis' future coaching or UNC's punishments. The NCAA has already reviewed these phone records. This is simply to release them to the public.- Posted by DeathRow-IFeelYourPain-NOT
1. A logical person would have to assume that one who doesn't want something made public (Butch and his phone records) must have a lot to hide. It is debatable if we will see anything new after 300 gallons worth of whiteout in redactions is used.
2. It wasn't necessary to spend "a lot" of money on this issue. Illegal things happened at UNC, we all know that. If Butch isn't guilty, release the records, save all involved parties "a lot" of money, and prove your innocence.
3. The political pop-up ads on this site absolutely suck. Please get rid of them. I don't like Romney or Obama, and ads only make me hate them more.
After all of this mess, when his phone records are finally released, you will see what a waste of time this has been. All of the haters going after UNC and Butch Davis will be sorely disappointed. A LOT of money was spent to get these records. They might as well have burned the cash in a fireplace. Waste of time. This will change nothing with Davis' future coaching or UNC's punishments. The NCAA has already reviewed these phone records. This is simply to release them to the public.- Posted by DeathRow-IFeelYourPain-NOT
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