Attorneys in dispute over who is custodian of public record requests

Projects Editor

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A growing rift between County Clerk Rosalie Riley and Curry County Manager Lance Pyle has exploded in an exchange of emails among lawyers.

On Nov. 19, County Attorney Steve Doerr sent an email to Riley questioning her release to the media of a tort claim accusing Pyle of political retaliation against jail Administrator Tori Sandoval.

In a response to Doerr dated Monday, attorney Eric Dixon alleges Pyle is trying to steal Riley’s statutory authority and has created a hostile work environment by telling Riley her employees are “too fat.”

Pyle denied the accusations.

“It is a personnel matter,” Pyle said, “and will be handled the same way all other personnel matters have been handled. I can tell you that I never said that, nor would I say that about any Curry County personnel.”

Riley declined comment but did say she will continue to release any public record requested because that is the job she was elected to do.

Doerr said his email to Riley wasn’t a criticism or any attempt to keep information from the public.

“I wasn’t chiding her for releasing records,” said Doerr. “I just told her that the county manager needs to know what records are being released when there is an IPRA (Inspection of Public Records Act) request.”

Doerr’s email to Riley notes Pyle is the designated custodian of public records by a County Commission vote when it comes to IPRA requests.

“Any and all requests for inspection of public records are required to be made to the County Manager,” stated Doerr’s email. “As this matter is under investigation and involves my office, I have some concerns with blanket release of that document without contacting the County custodian and/or County Manager.”

Tort claims are a legal device used to put the county on notice it may be sued. They were served on Pyle until 2012, when Doerr successfully argued in court the county didn’t receive proper notice by landowners fighting the closing of County Road R because the law requires such claims to be filed with the county clerk. Lawyers for the landowners were forced to refile their request for an injunction and eventually lost.

Doerr said Tuesday, however, he believes public records requests are different than notices of a lawsuit.

Dixon, speaking on behalf of Riley, said that by state law, the clerk is the custodian of public records and has an obligation to provide them when requested.

“A valid request to the custodian (Riley) was made and the County Clerk merely complied with her statutory duties,” Dixon said in his response. “Ms. Riley is committed to 100 percent open and transparent County government even when this might embarrass some individuals who might like to put up unnecessary road blocks to the public’s right to know public business.”

Dixon’s three page response concludes, “Mr. Pyle has a policy, custom and routine of humiliating, demeaning and creating a hostile work environment for females working in the Curry County Courthouse including but not limited to Ms. Riley on a continuous basis.”