As Gov. Mike Easley’s special panel on email records retention has its first meeting today, its leader is the object of a Carolina Journal email and records request that has gone unfulfilled since it was made more than two weeks go.

The response to that request illustrates the problems the panel faces as it attempts to resolve the issue of whether email falls without exception under the state’s Public Records Law, as open-government advocates maintain.

Easley established the email review panel, which was scheduled to meet today at 10:30 a.m. at the state Administration Building, after The News & Observer of Raleigh published a series of stories about the poor condition of the state’s mental health care system. Easley fired Debbie Crane, former spokeswoman for the N.C. Department of Health and Human Services, for her role in dealing with the newspaper during its investigation.

After she was fired, Crane told the newspaper that she and other agency spokespeople were ordered by the governor’s office to routinely delete email correspondence to and from the governor’s office.

CJ made its request of the governor’s office after it obtained from the state-funded Northeast Commission documents showing that email panel leader Franklin Freeman, the governor’s senior assistant for government affairs, had met with Commission CEO Rick Watson and entertainer Randy Parton on Oct. 27, 2004.

On March 11 CJ asked Easley press secretary Renee Hoffman to provide copies of documents or emails from Freeman or anyone else in the governor’s office that pertained to Parton or Watson during October or November 2004.

The governor’s office says it is having difficulty answering the request because the administration apparently does not save e-mails in an electronic format, but, instead, files printed copies by subject and not by date.

“I just wanted to let you know that we are looking for the records you have requested from Oct and Nov 2004. We are searching through file cabinets that are organized by subject, not by date, so that is taking some time. I will let you know when we have the records for you,“ Hoffman said Wednesday.

The governor’s office responded to CJ’s initial request for documents and emails on March 18, the same day Easley announced the formation of the committee. At that time Hoffman responded via email: “There are no records related to your request.”

In response, CJ made another request March 20 for all of Freeman’s emails from October and November 2004. No emails were produced, but Freeman’s calendar did surface.

“We have searched. There are no documents or emails related to this meeting. Members of the Governor’s staff, and especially Franklin, often meet with individuals who want to share information about a project or program,” Hoffman said in and email response to the request by CJ. “The majority of those are simply courtesy meetings and there are no papers, emails or records involved. Franklin said he met with them and that was all. I did have Franklin’s administrative assistant get me a copy of his calendar that shows the meeting and I will be happy to fax that to you if you will give me a fax number.”

Freeman’s calendar for Oct. 27, 2004, shows that he met with Watson and Parton from 11:30 a.m. to noon.

Hoffman’s response, which indicates that Freeman’s emails for that time period were not saved on any electronic storage device and are, thus, not easily accessible by date or key word. This is in stark contrast to the handling of email records from the Northeast Commission dating from the same time period. A request by CJ for those emails was fulfilled through an electronic email search by subject.

A failed concept

The Randy Parton Theatre is one of North Carolina’s most unusual economic development projects. Parton came to North Carolina without a viable company, without an established backup band, and apparently with no money of his own to invest in the project. Watson and Parton proposed building up to 20 such theaters in northeastern North Carolina and sought proposals from the 16 counties.

Northeast Commission records show that on Oct. 27, 2004, Watson met Parton and his wife Deb at the Raleigh-Durham Airport and escorted them to scheduled meetings with state officials. According to the itinerary, the group blocked off five hours, starting at noon meeting with Rolf Blizzard, chief of staff to Senate leader Marc Basnight. Then they met with House Speaker Jim Black’s staff members Meredith Norris, Rita Harris, and Patrick Clancy, while Black participated by phone. Then they met with Freeman.

A 2005 feasibility study stated that the Randy Parton Theatre was expected to receive marketing support “including $500,000 in initial marketing and advertising, an appropriation of $800,000 from the North Carolina General Assembly, $200,000 from the state of North Carolina, and $500,000 from Governor Easley.” Roanoke Rapids officials told CJ that Watson was the source of those numbers.

The legislature did approve $500,000 in 2005, but the rest of the money did not materialize. Easley’s office previously denied making any promise for an additional $500,000.

In June 2005 Parton signed a deal with city officials to build his first theater in Roanoke Rapids. Parton performed his first show July 26, 2007. He normally gave performances four days a week, but he did not schedule any other acts. City officials became concerned when they frequently saw fewer than 100 people per show in the 1,500-seat facility.

Parton could not produce the crowds and revenue necessary to pay off the $21.5 million that Roanoke Rapids borrowed for the project, so the city cut his pay and hired a new management team. City officials refused to let him perform after, they say, he showed up intoxicated for a show Dec. 6. He was not allowed to perform again. On Jan. 8, 2008 the city council renamed the facility the Roanoke Rapids Theatre.

A spokesman for the state auditor has acknowledged the auditor is reviewing the project. Watson and other sources have acknowledged federal investigators are also looking at the project.

Don Carrington is executive editor of Carolina Journal.