Attorney: Copeland’s privacy violated by City’s inspection of her private emails
This letter written on behalf of Councilwoman Kecia Copeland calls the City’s examination of her personal emails “an invasion of privacy.” Click to enlarge. Photo submitted.
By JIM BROOKS
Nelson County Gazette / WBRT Radio
Thursday, Nov. 3, 2016, 8:30 p.m. — The attorney representing Councilwoman Kecia Copeland has issued a cease and desist letter to the City of Bardstown demanding they stop actions that constitute “an unlawful invasion of her privacy” related to private emails and documents on her city-issued iPad.
Bardstown attorney Keith Sparks’ letter states that Copeland received assurances from City Attorney Tim Butler that her private emails would not be reviewed as part of an open records request and that her information would be protected.
“Despite this, it appears that the Mayor and Interim Police Chief have been allowed to access her private email account, photos, etc., and have commented about the information publicly. The City is hereby advised to CEASE AND DESIST from any further acts of unlawful conduct.”
Sparks requested Butler take possession of Copeland’s private records, photographs or documents that may have been taken from her iPad, and that all copies of her private materials be destroyed.
“The City gave the devices for councilmen to use. There were no restrictions or limitations of any type placed on its use,” the letter states. It also notes statements from other council members whose iPads — at the suggestion of city IT staff — configured to access their personal email accounts.
“It’s unacceptable that the devices are now being selectively taken and private information pulled and discussed by the Mayor and City employees.”
Councilman Fred Hagan challenged Bardstown Mayor John Royalty at Tuesday’s council meeting to point to a written policy or city ordinance that prohibited personal use of the iPads given to the members of the council. In an email exchange with Hagan, Royalty admitted there was no written policy, though he believed the council were warned verbally against personal use of the iPads when they received training on them.
The fire reports that were included as part of an anonymous packet of documents left prior to the start of the council’s meeting Tuesday and connected to Councilwoman Kecia Copeland were printed two minutes apart on Sept. 27, 2016. Bardstown Fire Department Capt. Todd Spalding has said he does not remember who asked him to call up Copeland’s fire reports and print them.
CITY FIREFIGHTER PRINTED COPELAND FIRE REPORTS. In his letter, Sparks called on Butler to investigate why City personnel handled the anonymous manila envelopes with documents regarding Copeland and then distributed them to the council and media prior to Tuesday’s council work session.
The envelopes contained pages of Copeland’s court records obtained through the Administrative Office of the Courts web-based database, and two fire department incident reports related to fires at homes Copeland lived in 2011 and in 2014.
The fire reports were called up and printed by Capt. Todd Spalding with the Bardstown Fire Department. The time stamp indicates the reports were printed two minutes apart on Sept. 27, 2016. Spalding has told other media he does not remember who asked him to print the reports.
“The envelope had nothing to do with City business. It was a weak attempt to publicly damage Councilwoman Copeland in the upcoming election.”
“The use of public funds and positions of authority to influence elections is extremely distasteful and arguably illegal,” Sparks wrote. “It never should have happened.”
Sparks recommended Butler hire independent counsel to investigate the incident and determine whether city personnel instigated, participated or were aware of the political attack prior to the meeting, and if city personnel acted inappropriately by distributing the information at the meeting.
“The findings of that investigation should be made public.”
-30-
