[May 21, 2013] Judge will review 'textgate' messages privately Tweet May 22, 2013 (Orlando Sentinel - McClatchy-Tribune Information Services via COMTEX) -- Circuit Judge Robert J. Egan decided Tuesday that he will review cell phone bills and text messages at the heart of a public-records fight that has engulfed several top Orange County leaders. Citizens for a Greater Orange County sued Orange County in October, alleging that officials violated open-government laws in communicating with opponents of a sick-time referendum. The controversy, dubbed "textgate," has spawned a state criminal investigation, as well. But the records made public so far show countless text messages have been deleted, lost or redacted. Lawyers for Citizens have argued a judge should look at what has been turned over to see if public records have been held back, or if other parties may still possess them. Egan granted that motion but said he would hold more discussions before he turned over any additional information to the plaintiffs in the case. Egan and the attorneys agreed this latest development may delay the trial, now scheduled for October. "It's another step forward in finally getting behind who they colluded with to break the law," said Organize Now executive director Stephanie Porta, a key sick-time proponent. The legal fight grew out of a paid-sick-time referendum that Citizens pushed for last summer. Proponents said the measure would protect low-wage workers, but many businesses argued it would kill jobs. On Sept. 11, county commissioners voted 4-3 to keep the measure off the Nov. 6 ballot. A judicial panel later ruled that delay tactic violated the county's charter. The measure is now slated for the August 2014 primary ballot, though Republican state lawmakers passed a bill in the last session to block local benefit and wage efforts. Gov. Rick Scott is expected to sign the measure. After the county's Sept. 11 vote to delay, Citizens and the news media sought public records from top Orange officials to see how the decision came about. Thousands of email and phone messages were released, with some showing texts with commissioners and lobbyists opposed to sick time during the Sept. 11 hearing, and that countless others around that day had also been deleted or lost. Because several individuals have lost or deleted messages from their private phones, the county's attorneys argued they have no further obligation to recover more records. The Citizens lawyers disagree and argue the county must try to recover what they consider to be lost public records. The judge is expected to review records from: commissioners Scott Boyd, Fred Brummer, Jennifer Thompson, and former Commissioner John Martinez, as well as County Attorney Jeff Newton, Mayor Teresa Jacobs and her chief of staff, Graciela Noriega Jacoby. [email protected], 407-420-5311 or Twitter @dadamron ___ (c)2013 The Orlando Sentinel (Orlando, Fla.) Visit The Orlando Sentinel (Orlando, Fla.) at www.OrlandoSentinel.com Distributed by MCT Information Services [ Back To TMCnet.com's Homepage ]