Hearing on UNC public records release yields no decision

North Carolina

Hearing on UNC public records release yields no decision

Jul 19, 2012

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Chapel Hill, N.C. — After listening to nearly two hours of arguments, the decision by North Carolina Superior Court Judge Howard Manning on the release of public records by the University of North Carolina was that there will not be a decision Thursday.

Lawyers representing UNC, former head football coach Butch Davis and a collective of media outlets, including WRAL, argued the public nature of records related to a recent NCAA investigation into the UNC football program. Included in those documents are Davis’ personal cell phone records that he used largely for university business. More Info Archive: UNC football investigations

Davis was issued a university phone but previously released records show that he did not use it, opting instead to use his personal phone. Attorney’s representing the media have argued that because Davis was a public figure and the phone was being used to conduct business for the public, state university, those records are public.

Part of the defense by Davis’ attorneys claim that protecting the records is also about protecting the people that Davis called. In a filing to have the records protected, Davis’ attorneys noted that calls were made to former Secretary of State Condoleezza Rice and former NFL head coach Tony Dungy, among others.

Davis further argued that the records are no longer relevant in the case and the media is seeking them purely for content purposes.

During Thursday’s arguments, Judge Manning did pose a hypothetical situation about Davis using his private phone to call former football player Marvin Austin, who was kicked off the team for receiving impermissible benefits. The timing of such a phone call could be relevant to the football scandal.

Attorney’s representing the media said they would not be opposed to receiving records that were redacted to preserve the privacy of personal friends and those individuals not associated with the investigation.

Manning opened Thursday’s hearing with a lighthearted “white out” joke, referring to the highly redacted, 200-plus pages of documents that were recently released by UNC. Attorney’s representing the media carried a stronger tone as the proceedings went on, saying that what “UNC just turned over falls woefully short of meeting public records laws.”

They furthered, saying that recorded interviews done in relation to impermissible benefits obtained by football players is not covered by the Federal Educational Rights and Privacy Act (FERPA).

That claim was met with contention from UNC lawyers who cited FERPA, arguing that “any document related to a specific student that's held by a school is covered by FERPA and protected.”

Media attorneys accused UNC of evading public records laws by turning over those recorded interviews to a private law firm which represented a third party.

Manning said early on in Thursday’s hearing that regardless of his decision, the debate would likely be headed to the appellate courts.

Web Editor: Aaron Schoonmaker

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RE: Hearing on UNC public records release yields no decision

There is another big reason many state employees use their own phones: personal calls are against the rules on state-owned phones, even if you have unlimited minutes. The other option is to carry two phones and try to keep it separate.

To be clear, I think some of his phone records are probably "public records", though some of those might be excluded from FOI requests. A general fishing expedition among all his phone personal phone records should not be allowed. I can see his records being examined under seal by the courts.
- Posted by unc70

Glad some Common Sense finally reached this blog.

RE: Hearing on UNC public records release yields no decision

There is another big reason many state employees use their own phones: personal calls are against the rules on state-owned phones, even if you have unlimited minutes. The other option is to carry two phones and try to keep it separate.

To be clear, I think some of his phone records are probably "public records", though some of those might be excluded from FOI requests. A general fishing expedition among all his phone personal phone records should not be allowed. I can see his records being examined under seal by the courts.

RE: Hearing on UNC public records release yields no decision

Butch had a free phone with all the minutes he needed for work....football. He did not use it because Butch wanted to CHEAT!

RE: Hearing on UNC public records release yields no decision

What happened to that WRAL sport girl who wrote the online article that she felt sorry for Butch Davis and all that is happening?? This was about 10-12 months ago. It's not Mandy..
- Posted by NCSU84

Her screen name is "ForAutumn".

"LOL" and "Sorry"... 2500+
- Posted by shakennotstirred

Ah yes, the stalker again.

Like on the farm must be lonely...so sad.

RE: Hearing on UNC public records release yields no decision

LOL...the red ragers are all excited again!
- Posted by forautumn

I love it! GO PACK!

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