Sick-time group still seeks records

The group behind a sick-time ballot referendum pressed Orange County leaders in court Thursday to turn over their cellphones to retrieve text messages they deleted from lobbyists and others opposed to the measure.

Citizens for a Greater Orange County, which sued the county last month, wants commissioners’ personal and public phones secured so that any public records still contained on them are not lost.

“Every day that passes, that those [phone] devices continue to be used ... is another day that subjects these records to degradation and destruction,” said Thomas Shults, a Citizens’ attorney.

Circuit Judge John Marshall Kest declined to act on the request, saying Thursday’s hearing was geared to tackle scheduling issues for a trial, now tentatively set for June. However, Kest said he could conduct a hearing next month on preserving phone data.

The lawsuit accuses the county of destroying public records and violating open-meeting laws, all stemming from a Sept. 11 vote by the board to keep the sick-time initiative off the Nov. 6 ballot.

Orange government’s attorney, Mason Grower, said officials are making a “good-faith effort” to retrieve the records, but a “vast matrix” of public and personal phones and computer tablets must be dealt with. Orange has contracted with an outside company to audit the devices, he said.

Grower said only one commissioner would not turn over a personal phone. Commissioner Tiffany Moore Russell later confirmed she was the one and said she conducts no public business on it. “I’m not going to subject my personal phone for inspection,” she said.

As part of this fight, the Citizens’ group subpoenaed phone and other records of lobbyists and other sick-time foes who communicated with county leaders on and around the Sept. 11 hearing. Attorneys for those lobbyists, representing such companies as MearsTransportation and Darden Restaurants, have filed motions to block the subpoenas, which could require a future hearing.

Citizens has a separate legal challenge pending that accuses Orange leaders of violating its county charter by ignoring 50,000 voter petitions seeking the referendum. It’s not clear whena ruling on that case would emerge.

Business groups opposed to the sick-time measure asked a judge last month to team with Orange leaders in that legal fight. The same business interests lobbied county leaders to block the proposed ballot measure.

Opponents of the measure say it could be unwieldy to enforce and lead to lost profits and jobs. Supporters say it would reduce medical, turnover and retraining costs, plus increase productivity.

The lawsuit accuses the county of destroying public records and violating open-meeting laws.