Newspaper sues AG Hill, chief deputy for private email address used for public business

Indiana Attorney General Curtis Hill and his top deputy are facing a lawsuit from Indiana’s largest newspaper, which is urging the court to require the public officials turn over private email addresses used to conduct official business.

The Indianapolis Star and reporter Ryan Martin are suing Hill and chief deputy Aaron Negangard under the Access to Public Records Act. The lawsuit relates to a public records request Martin made in July 2018 for internal Office of the Attorney General correspondence related to employee turnover, retention and termination between Jan. 1, 2017, and July 31, 2018.

According to The Star, the OAG turned over 19 emails in response to the public records request, several of which were redacted. Among the redacted information were Hill and Negangard’s personal email addresses, which they used to discuss official business.

The newspaper is arguing that because Hill and Negangard used their personal emails to conduct government business, the emails must be released pursuant to the APRA. But in order to formally request those emails, IndyStar says it “needs the personal email addresses to specify which records it seeks.

A spokesman for Hill's office told The Star the OAG does not comment on pending litigation. 

Prior to filing the lawsuit in Marion Superior Court, Martin filed a formal complaint with Indiana public access counselor Luke Britt. In an eight-page advisory opinion — which is not legally binding — Britt said “the Office of the Attorney General cannot redact private email addresses embedded in otherwise disclosable records.” Here, the content of the emails is disclosable because it relates to government affairs. 

“When using a private email account for public business, a public employee runs the risk of exposure of that personal email address,” Britt’s opinion says. “The Access to Public Records Act does not recognize an exception for privacy of such information.

“In any case, a request for a public record contemplates the four corners of a document,” Britt continued. “This includes all of the content and not just the body of an email, unless another compelling reason can be given.”

Public officials’ use of private emails has been a hot political topic in recent years, rising all the way up to the emails of 2016 Democratic presidential candidate Hillary Clinton.

Vice President Mike Pence has also been subject to similar scrutiny. He used his personal AOL account to conduct government business while serving as governor of Indiana. That account was later hacked.

Court records indicate Martin and IndyStar are being represented by Bingham Greenebaum Doll attorneys Daniel Byron, Meg Christensen and Jessica Meek.

The case in Marion Superior Court, Civil Division 1 is Indiana Newspapers, LLC d/b/a The Indianapolis Star, Ryan Martin v. Office of the Attorney General, Curtis T. Hill, Jr., 49D01-1907-MI-026838.