Published: April 06, 2009 08:00 pm      

Former library board member sues officials

TRAVERSE CITY -- A former library board member filed suit against several city officials, alleging they refused to turn over documents requested under the Michigan Freedom of Information Act.

George Galic served on the Traverse Area District Library board from 2004 until late last year, when Mayor Michael Estes didn't renew Galic's appointment. Estes ignored a city commission committee's recommendation to re-appoint Galic and instead chose retired English professor Jerry Beasley.

Galic in January filed a FOIA request with the city asking for "all correspondence, e-mails and documents" from July to December that discuss city appointments to the library board.

He received a batch of e-mails and documents from the city, but he believes some relevant e-mails weren't included in the FOIA response.

"If it went through the city servers, I think we got it," said David Bieganowski, the attorney who filed both the FOIA request and the lawsuit on behalf of Galic. "If it went from commissioner to commissioner, I don't believe we got it."

Galic's suit, filed last week, names the city, Estes, and commissioners Jim Carruthers, Deni Scrudato and Barbara Budros. The suit alleges commissioners often use their personal computers for city business, so they could have discussed the library appointment on personal accounts.

"The refusal of Michael Estes to provide e-mails ... from his personal e-mail account that may meet the substance of the plaintiff's request is in violation of the FOIA," the suit reads.

In an e-mail attached to the city's FOIA response, Estes said "any and all e-mails" on his personal computer are his "personal property and as such are not subject to FOIA."

Estes copies the city on all city-related e-mail sent from his personal computer, he said, so his computer wouldn't contain any e-mails pertaining to city business that the city doesn't already know about.

"There's not going to be anything unique on my personal computer," he told a Record-Eagle reporter Monday.

Filed along with Galic's suit is a temporary restraining order asking the court to prevent the mayor and commissioners from erasing or altering any electronic records on their personal computers. Galic and his attorneys also asked the court to order the forensic examination of those computers.

Estes told commissioners in December he passed up Galic for re-appointment because library staffers called him with negative comments about Galic, though he wouldn't provide details.