Petrino phone record stories

Or, hell, just don't do anything on a company cell phone that you wouldn't do in the office.

 

Records request aren't difficult. They are designed to be broad and easy so anyone can file one, specifically FOIAs. There are tons of examples of FOIAs on the internet.
If they want a No. 2 reporter for sifting ... they need to be familiar with shit like Guidestar, the Sec. of State's office, the FAA (flight numbers); to find stuff that is available, but not easy to find or common knowledge.

 

Would the texts and photos have to be released under the FOIA?

 

Depends on the state, right? We have to see what Arkansas transparency laws say.

 

Here's your definition:

25-19-103. Definitions.

As used in this chapter, unless the context otherwise requires:

(1) “Public records” means writings, recorded sounds, films, tapes, or data compilations in any form, required by law to be kept or otherwise kept, and which constitute a record of the performance or lack of performance of official functions which are or should be carried out by a public official or employee, a governmental agency, or any other agency wholly or partially supported by public funds or expending public funds. All records maintained in public offices or by public employees within the scope of their employment shall be presumed to be public records.

Next step would be to see if there have been any Arkansas court cases interpreting the definition and whether personal phone calls are "records maintained ... within the scope of ... employment."

 

Here is the list of exemptions. Number 9 seems to preclude a reporter FOIA'ing recruiting phone calls or lists, for example, which is one of the first things I thought of:

EXEMPTIONS:

(b) It is the specific intent of this section that the following shall not be deemed to be made open to the public under the provisions of this chapter:

(1) State income tax records;

(2) Medical records, scholastic records, and adoption records;

(3) The site files and records maintained by the Arkansas Historic Preservation Program and the Arkansas Archeological Survey;

(4) Grand jury minutes;

(5) Unpublished drafts of judicial or quasi-judicial opinions and decisions;

(6) Undisclosed investigations by law enforcement agencies of suspected criminal activity;

(7) Unpublished memoranda, working papers, and correspondence of the Governor, members of the General Assembly, Supreme Court Justices, Court of Appeals Judges, and the Attorney General;

(8) Documents which are protected from disclosure by order or rule of court;

(9) (a) Files which, if disclosed, would give advantage to competitors or bidders; and (b)(i) records maintained by the Arkansas Economic Development Commission related to any business entity’s planning, site location, expansion, operations, or product development/marketing, unless approval for release of such records is granted by the business entity; (ii) provided, however, this exemption shall not be applicable to any records of expenditures or grants made or administered by the Arkansas Economic Development Commission and otherwise disclosable under the provisions of this chapter;

(10) Personnel records to the extent that disclosure would constitute clearly unwarranted invasion of personal privacy.

(11)(A) The identity of law enforcement officers currently working undercover with their agency and identified in the Arkansas Minimum Standards Office as an undercover officer.

(B) Records of the number of undercover officers an agency lists are not exempt from this chapter.

(c)(1) However, all employee evaluation or job performance records, including preliminary notes and other materials, shall be open to public inspection only upon final administrative resolution of any suspension or termination proceeding at which the records form a basis for the decision to suspend or terminate the employee and if there is a compelling public interest in their disclosure.

(2) Any personnel or evaluation records exempt from disclosure under this chapter shall nonetheless be made available to the person about whom the records are maintained or to that person’s designated representative.

(3)(A) Upon receiving a request for the examination or copying of personnel or evaluation records, the custodian of the records shall, within twenty-four (24) hours of the receipt of the request, determine whether the records are exempt from disclosure and make efforts to the fullest extent possible to notify the person making the request and the subject of the records of that decision.

(B) If the subject of the records cannot be contacted in person or by telephone within the twenty-four hour period, the custodian shall send written notice via overnight mail to the subject of the records at his last known address. Either the custodian, requester, or the subject of the records may immediately seek an opinion from the Attorney General who, within three (3) working days of receipt of the request, shall issue an opinion stating whether the decision is consistent with this chapter. In the event of a review by the Attorney General, the custodian shall not disclose the records until the Attorney General has issued his opinion.

(C) However, nothing in this subsection shall be construed to prevent the requester or the subject of the records from seeking judicial review of the custodian’s decision or the decision of the Attorney General.

(d) Reasonable access to public records and reasonable comforts and facilities for the full exercise of the right to inspect and copy those records shall not be denied to any citizen.

(e) If a public record is in active use or storage and, therefore, not available at the time a citizen asks to examine it, the custodian shall certify this fact in writing to the applicant and set a date and hour within three (3) working days, at which time the record will be available for the exercise of the right given by this chapter.

(f) Notwithstanding any Arkansas law to the contrary, at the conclusion of any investigation conducted by a state agency in pursuit of civil penalties against the subject of the investigation, any settlement agreement entered into by a state agency shall be deemed a public document for the purposes of this chapter. However, the provisions of this subsection shall not apply to any investigation or settlement agreement involving any state tax covered by the Arkansas Tax Procedure Act (Ark. Code 26-18-101, et. seq.)

 

Just spit-balling here, but my guess is that Petrino used the work cell phone so his wife wouldn't be able to look at the bill. Of course, she could have FOIA'd the phone records.

As for news value, I'd agree that in large measure this is giving readers what they want. The stories related to Tiger Woods' indiscretions seemed to go on forever, precisely because readers were interested. I think the Petrino story has more news merit because he was a public employee.

 

Borrowing from the main Petrino thread ...

So, yeah, the "one indiscretion" part is just blown to hell right now, and every day is making Petrino less hirable to another school.

The news value is there. The entertainment value is off the charts.

 

Now we know why Freq used a disposable phone. Petrino was an amateur. Just using a motorcycle was stupid. He would have nowhere to hide his pre-paid credit card.

 

If there was sexting, it's just a matter of time until Deadspin gets them.

 

He wasn't ;-)

 

Only if someone sends it to Deadspin.