Web site owner sues town over public records

ORIENTAL — A Web site editor has filed a lawsuit against the town of Oriental claiming a violation of the state’s public record laws.

Tony Tharp, who operates the Web site pamlicotoday.com, filed the suit in Pamlico County Superior Court, seeking the release of e-mails he contends were written and sent on a town computer during business hours. Tharp said on his Web site that town officials said the e-mails in questions were personal, which Tharp disputes.

Randy Cahoon, the Oriental town manager, said Tuesday he had no comment, and added that he had heard about the lawsuit but the town had not received notification.

Tharp said Tuesday he paid service fees and was under the impression the suit would be served by the Sheriff’s Office.

A spokesman in the clerk of court’s office said the town’s response would be added to the file.

It is unclear when the suit might have a court date.

Named in the lawsuit are Cahoon, Mayor Bill Sage, and town commissioners Candy Bohmert, David Cox, Nancy Inger, Kathy Kellam and Sherrill Styron.

The suit asks the court for immediate release of the e-mails.

Tharp repeated Tuesday what he had previously posted on his Web site about his claim that the e-mails are public record.

“I said online that to me it is pretty clear that these are public records, and I still believe that they are,” he said. “I think the law is real clear on it. But, I don’t know how it’s going to come out. I think the court will be fair and whatever they rule, we’ll live with it.”

In the three-page suit, Tharp alleges that Cahoon wrote one e-mail that caused a volunteer planning board member to resign and that on another occasion Cahoon sent an e-mail to a man in Gates County discussing Cahoon’s job performance in Oriental.

Cahoon previously worked in Gates County government before being hired as Oriental’s town manager.

The suit also said that the e-mail sent to Gates County in August referenced Tharp’s Web site.

“I think it opens up a whole can of worms to allow an official in a public setting to switch back and forth at will from public to private (e-mails),” Tharp said Tuesday.

The suit seeks release of the e-mails and reimbursement for fees and costs paid by Tharp in filing the lawsuit.

Charlie Hall can be reached at 252-635-5667 or chall@freedomenc.com.