Judge rules against newspaper in D-18 information case

WOODSTOCK – A judge ruled against the Northwest Herald on Thursday in the newspaper’s attempt to obtain the Internet-browsing records of the ex-superintendent of Riley District 18, but editors vowed to continue their battle.

Judge Michael Caldwell granted a preliminary injunction Thursday barring the school district from responding to a Freedom of Information Act appeal seeking the records.

“We respectfully disagree with the judge’s ruling and will appeal,” Northwest Herald Editor Dan McCaleb said. “It is our opinion that the public has a right to the information we are seeking.”

The ruling supersedes a temporary restraining order blocking a response to the appeal imposed by a judge last month.

The newspaper filed a Freedom of Information Act request after receiving credible tips that the Web-browser logs from Ronald Rood’s school computer could be newsworthy in the wake of his sudden resignation. Rood cited medical reasons for his departure in late January.

The district initially denied the newspaper’s request. But days before the district was to respond to an appeal by the newspaper, Rood filed court papers seeking to block a response.

Northwest Herald attorney Steven McArdle said the newspaper is left with three options, should it continue its fight: appeal the decision to an appellate court, ask judge Caldwell to reconsider his decision, or call for a more in-depth hearing with witness testimony.

What course the newspaper will take was uncertain Thursday. The case will next be in court April 23.

In granting the injunction Thursday, Caldwell cited a U.S. Supreme Court case that states public officials have a reasonable expectation of privacy at the workplace.

“At this particular point in time, I think [Rood has] got a case,” Caldwell said.

The last time the case was in court, the records the newspaper is seeking were turned over to Caldwell for him to review in private.

Don Craven, an attorney for the Illinois Press Association, said that public employees’ Internet records are clearly public record.

“This is a school computer in a school office on a school Internet connection on school time,” Craven said. “Why shouldn't taxpayers be entitled to see it?”

The press association is watching the court action, because it could potentially be precedent-setting for the public and other media organizations seeking access to electronic records.

“The issue of public access to documents, which may reveal the improper use of computers by public employees, is an issue that is evolving in state courts around the country,” Craven said.