Office of Open Records rules text messages from Wind Gap police chief's cell phone are public record
March 25, 2010 | Filed in: RTK request
stories | Open
records
By MICHAEL BUCK
The [Easton] Express-Times
The Pennsylvania Office of Open Records has granted The Express-Times access to the Wind Gap police chief's text messages in a ruling that a government transparency watchdog group called groundbreaking.
The Office of Open Records on Monday ruled Chief Craig Armitage's text messages on his borough-issued cell phone are public record and compelled the borough to produce the texts.
"The borough has constructive control of its phone bill and is required to retrieve a copy that includes text messages, if one exists," the ruling says.
In February, the newspaper requested copies of text messages sent to and from Armitage's borough cell phone after the newspaper reported Armitage's phone handled 370 texts from March 2009 to November 2009.
Before a closed-door meeting Jan. 13, Councilman George Hinton Jr. said the meeting would touch on text messages Armitage sent from his borough phone. Armitage has said the texts were personal.
Council on Jan. 19 suspended Armitage with pay for about a month for "neglect of duty" and "conduct unbecoming of an officer." He returned to his post Feb. 16.
"(The texts) came to our attention after a councilman said the text messages from that cell phone were going to be a topic of discussion at a closed-door meeting," said Jim Deegan, managing editor of The Express-Times.
Borough officials never disclosed specific reasons for Armitage's suspension, but Wind Gap solicitor Ronold Karasek said in a response to the newspaper's open records appeal that the text messages played no factor in the discipline.
Last week, the newspaper reported Armitage allegedly threatened police Sgt. Robert Pepe and his family in January because Armitage thought Pepe was the source of a rumor about the chief having a sexual relationship with an employee of a borough business.
The story was based on a statement obtained by the newspaper and given by Pepe to borough officials in January.
The [Easton] Express-Times
The Pennsylvania Office of Open Records has granted The Express-Times access to the Wind Gap police chief's text messages in a ruling that a government transparency watchdog group called groundbreaking.
The Office of Open Records on Monday ruled Chief Craig Armitage's text messages on his borough-issued cell phone are public record and compelled the borough to produce the texts.
"The borough has constructive control of its phone bill and is required to retrieve a copy that includes text messages, if one exists," the ruling says.
In February, the newspaper requested copies of text messages sent to and from Armitage's borough cell phone after the newspaper reported Armitage's phone handled 370 texts from March 2009 to November 2009.
Before a closed-door meeting Jan. 13, Councilman George Hinton Jr. said the meeting would touch on text messages Armitage sent from his borough phone. Armitage has said the texts were personal.
Council on Jan. 19 suspended Armitage with pay for about a month for "neglect of duty" and "conduct unbecoming of an officer." He returned to his post Feb. 16.
"(The texts) came to our attention after a councilman said the text messages from that cell phone were going to be a topic of discussion at a closed-door meeting," said Jim Deegan, managing editor of The Express-Times.
Borough officials never disclosed specific reasons for Armitage's suspension, but Wind Gap solicitor Ronold Karasek said in a response to the newspaper's open records appeal that the text messages played no factor in the discipline.
Last week, the newspaper reported Armitage allegedly threatened police Sgt. Robert Pepe and his family in January because Armitage thought Pepe was the source of a rumor about the chief having a sexual relationship with an employee of a borough business.
The story was based on a statement obtained by the newspaper and given by Pepe to borough officials in January.