https://urgentcomm.com/wp-content/themes/ucm_child/assets/images/logo/footer-new-logo.png
  • Home
  • News
  • Multimedia
    • Back
    • Multimedia
    • Video
    • Podcasts
    • Galleries
    • IWCE’s Video Showcase
    • Product Guides
  • Commentary
    • Back
    • Commentary
    • Urgent Matters
    • View From The Top
    • All Things IWCE
    • Legal Matters
  • Resources
    • Back
    • Resources
    • Webinars
    • White Papers
    • Reprints & Reuse
  • IWCE
    • Back
    • IWCE
    • Conference
    • Special Events
    • Exhibitor Listings
    • Premier Partners
    • Floor Plan
    • Exhibiting Information
    • Register for IWCE
  • About Us
    • Back
    • About Us
    • Contact Us
    • Advertise
    • Terms of Service
    • Privacy Statement
    • Cookie Policy
  • Related Sites
    • Back
    • American City & County
    • IWCE
    • Light Reading
    • IOT World Today
    • Mission Critical Technologies
    • TU-Auto
  • In the field
    • Back
    • In the field
    • Broadband Push-to-X
    • Internet of Things
    • Project 25
    • Public-Safety Broadband/FirstNet
    • Virtual/Augmented Reality
    • Land Mobile Radio
    • Long Term Evolution (LTE)
    • Applications
    • Drones/Robots
    • IoT/Smart X
    • Software
    • Subscriber Devices
    • Video
  • Call Center/Command
    • Back
    • Call Center/Command
    • Artificial Intelligence
    • NG911
    • Alerting Systems
    • Analytics
    • Dispatch/Call-taking
    • Incident Command/Situational Awareness
    • Tracking, Monitoring & Control
  • Network Tech
    • Back
    • Network Tech
    • Interoperability
    • LMR 100
    • LMR 200
    • Backhaul
    • Deployables
    • Power
    • Tower & Site
    • Wireless Networks
    • Coverage/Interference
    • Security
    • System Design
    • System Installation
    • System Operation
    • Test & Measurement
  • Operations
    • Back
    • Operations
    • Critical Infrastructure
    • Enterprise
    • Federal Government/Military
    • Public Safety
    • State & Local Government
    • Training
  • Regulations
    • Back
    • Regulations
    • Narrowbanding
    • T-Band
    • Rebanding
    • TV White Spaces
    • None
    • Funding
    • Policy
    • Regional Coordination
    • Standards
  • Organizations
    • Back
    • Organizations
    • AASHTO
    • APCO
    • DHS
    • DMR Association
    • ETA
    • EWA
    • FCC
    • IWCE
    • NASEMSO
    • NATE
    • NXDN Forum
    • NENA
    • NIST/PSCR
    • NPSTC
    • NTIA/FirstNet
    • P25 TIG
    • TETRA + CCA
    • UTC
Urgent Communications
  • NEWSLETTER
  • Home
  • News
  • Multimedia
    • Back
    • Video
    • Podcasts
    • Omdia Crit Comms Circle Podcast
    • Galleries
    • IWCE’s Video Showcase
    • Product Guides
  • Commentary
    • Back
    • All Things IWCE
    • Urgent Matters
    • View From The Top
    • Legal Matters
  • Resources
    • Back
    • Webinars
    • White Papers
    • Reprints & Reuse
    • UC eZines
    • Sponsored content
  • IWCE
    • Back
    • Conference
    • Why Attend
    • Exhibitor Listing
    • Floor Plan
    • Exhibiting Information
    • Join the Event Mailing List
  • About Us
    • Back
    • About Us
    • Contact Us
    • Advertise
    • Cookie Policy
    • Terms of Service
    • Privacy Statement
  • Related Sites
    • Back
    • American City & County
    • IWCE
    • Light Reading
    • IOT World Today
    • TU-Auto
  • newsletter
  • In the field
    • Back
    • Internet of Things
    • Broadband Push-to-X
    • Project 25
    • Public-Safety Broadband/FirstNet
    • Virtual/Augmented Reality
    • Land Mobile Radio
    • Long Term Evolution (LTE)
    • Applications
    • Drones/Robots
    • IoT/Smart X
    • Software
    • Subscriber Devices
    • Video
  • Call Center/Command
    • Back
    • Artificial Intelligence
    • NG911
    • Alerting Systems
    • Analytics
    • Dispatch/Call-taking
    • Incident Command/Situational Awareness
    • Tracking, Monitoring & Control
  • Network Tech
    • Back
    • Cybersecurity
    • Interoperability
    • LMR 100
    • LMR 200
    • Backhaul
    • Deployables
    • Power
    • Tower & Site
    • Wireless Networks
    • Coverage/Interference
    • Security
    • System Design
    • System Installation
    • System Operation
    • Test & Measurement
  • Operations
    • Back
    • Critical Infrastructure
    • Enterprise
    • Federal Government/Military
    • Public Safety
    • State & Local Government
    • Training
  • Regulations
    • Back
    • Narrowbanding
    • T-Band
    • Rebanding
    • TV White Spaces
    • None
    • Funding
    • Policy
    • Regional Coordination
    • Standards
  • Organizations
    • Back
    • AASHTO
    • APCO
    • DHS
    • DMR Association
    • ETA
    • EWA
    • FCC
    • IWCE
    • NASEMSO
    • NATE
    • NXDN Forum
    • NENA
    • NIST/PSCR
    • NPSTC
    • NTIA/FirstNet
    • P25 TIG
    • TETRA + CCA
    • UTC
acc.com

News


Story County attempts to undermine federal case for not disclosing Fitzgerald e-mails

  • Written by Donny Jackson
  • 13th January 2014
Federal attorneys have claimed that FirstNet board member Paul Fitzgerald acted as a federal employee when sending and receiving e-mails from his work e-mail address hosted by Story County, Iowa--where Fitzgerald is the longtime elected sheriff--but a Story County court filing argues that it would be illegal for Fitzgerald to hold elected office and be a federal employee simultaneously.

What is in this article?

  • Story County attempts to undermine federal case for not disclosing Fitzgerald e-mails
  • Story County attempts to undermine federal case for not disclosing Fitzgerald e-mails

Story County attempts to undermine federal case for not disclosing Fitzgerald e-mails

Federal attorneys’ claim that FirstNet board member Paul Fitzgerald was acting as a federal employee when using his work e-mail account for Story County, Iowa—where Fitzgerald is the elected sheriff—to conduct FirstNet business is erroneous, because federal law prohibits federal employees from holding elected office at the state or local levels, according to the most recent filing by Story County.

At issue is whether Story County can release 63 FirstNet-related e-mails to Politico reporter Tony Romm, who last summer requested copies of the e-mails in an open-records filing. Story County agreed to release the e-mails to Romm in accordance with state law, but the U.S. government received an injunction blocking this action. Federal attorneys have argued that Fitzgerald was acting as a federal employee when sending and receiving e-mails related to FirstNet, so the Iowa state laws do not apply in this case.

Federal attorneys’ filings do not state whether the Fitzgerald e-mails would be released if the court rules in favor of the U.S. government. However, the filings do reiterate the fact that Congress exempted FirstNet from the Freedom of Information Act when it created the organization last year.

But, in a brief submitted Friday to a federal district court in Iowa, Story County Attorney Stephen Holmes asserts that it is legally impossible for Fitzgerald to be a federal employee, because that would be a violation of the Hatch Act, which was passed initially in 1940 to limit federal employees’ political activity at the state and local levels.

Under the Hatch Act, a federal employee is “prohibited from running for the nomination or as a candidate for election to a partisan political office,” according to the Story County filing. The Hatch Act defines a “partisan political office” is one in which a candidate represents a political party that had a candidate for U.S. President that received elector votes, the filing states.

When Fitzgerald was named to the FirstNet board in August 2012, he was the incumbent Story County sheriff running for re-election as a Democrat. Fitzgerald won the election in a landslide in Nov. 6, 2012, according to supporting documents in the Story County filing.

“So, logically, one must conclude only one of the following: (1) that the federal government did not perceive Sheriff Fitzgerald to be a federal employee at the time of his appointment. To do so, would violate federal law,” according to the Story County filing. “Or, (2) the federal government did perceive the sheriff to be a federal employee and therefore, permitted a violation of federal law when the sheriff ran for re-election in a county partisan election in November of 2012.”

Regardless which conclusion is reached, the argument that Fitzgerald is a federal employee “must fail” and the e-mails sent and received from the Story County e-mail address should be subject to Iowa open-records law, according to the Story County filing.

1 | 2 |
Story County attempts to undermine federal case for not disclosing Fitzgerald e-mails
Tags: News NTIA/FirstNet Public-Safety Broadband/FirstNet News

One comment

  1. Avatar Anonymous 15th January 2014 @ 5:15 pm
    Reply

    While I have no real opinion
    While I have no real opinion on the merits of this argument, I really love a well reasoned logical argument, and it sure looks like Story County has a compelling one here. I can’t wait to see how the Feds try to wiggle out of this logic box.

Leave a comment Cancel reply

To leave a comment login with your Urgent Comms account:

Log in with your Urgent Comms account

Or alternatively provide your name, email address below:

Your email address will not be published. Required fields are marked *

Related Content

  • Story County attempts to undermine federal case for not disclosing Fitzgerald e-mails
  • Story County attempts to undermine federal case for not disclosing Fitzgerald e-mails
  • Story County attempts to undermine federal case for not disclosing Fitzgerald e-mails
  • Story County attempts to undermine federal case for not disclosing Fitzgerald e-mails

Commentary


How 5G is making cities safer, smarter, and more efficient

26th January 2023

3GPP moves Release 18 freeze date to March 2024

18th January 2023

Do smart cities make safer cities?

  • 1
6th January 2023
view all

Events


UC Ezines


IWCE 2019 Wrap Up

13th May 2019
view all

Twitter


UrgentComm

AT&T FirstNet unleashes robotic dogs for emergency services dlvr.it/ShW7p8

27th January 2023
UrgentComm

Federal agencies infested by cyberattackers via legit remote-management systems dlvr.it/ShVhn3

26th January 2023
UrgentComm

How 5G is making cities safer, smarter, and more efficient dlvr.it/ShVS1h

26th January 2023
UrgentComm

MCPTT interworking for critical communications dlvr.it/ShTm3P

26th January 2023
UrgentComm

Self-driving cars present terrorism risk, FBI director says dlvr.it/ShTTHx

26th January 2023
UrgentComm

UK Home Office officially will cut ESN ties with Motorola Solutions in December dlvr.it/ShNjfN

24th January 2023
UrgentComm

Newscan: Police software vendor breach exposes personal data, raid plans dlvr.it/ShN0q2

24th January 2023
UrgentComm

RT @IWCEexpo: We're so excited about our awesome list of speakers! Today we highlight Budge Currier, a 9-1-1 Branch Manager at CAL OES, res…

24th January 2023

Newsletter

Sign up for UrgentComm’s newsletters to receive regular news and information updates about Communications and Technology.

Expert Commentary

Learn from experts about the latest technology in automation, machine-learning, big data and cybersecurity.

Business Media

Find the latest videos and media from the market leaders.

Media Kit and Advertising

Want to reach our digital and print audiences? Learn more here.

DISCOVER MORE FROM INFORMA TECH

  • American City & County
  • IWCE
  • Light Reading
  • IOT World Today
  • Mission Critical Technologies
  • TU-Auto

WORKING WITH US

  • About Us
  • Contact Us
  • Events
  • Careers

FOLLOW Urgent Comms ON SOCIAL

  • Privacy
  • CCPA: “Do Not Sell My Data”
  • Cookie Policy
  • Terms
Copyright © 2023 Informa PLC. Informa PLC is registered in England and Wales with company number 8860726 whose registered and Head office is 5 Howick Place, London, SW1P 1WG.