Tuesday July 18, 2006

URBANA – A court struggle for documents about the Champaign County Nursing Home will have a hearing by a Champaign County judge.

Champaign County Clerk Mark Shelden sued the county, county Co-Administrator Denny Inman and Champaign County Board Chairwoman Barbara Wysocki on July 3 for refusing his Freedom of Information Act request for documents about the mold problem at the new $20 million facility.

Susan McGrath, the assistant state's attorney representing the county officials, asked Judge Michael Jones this morning to find a judge from another county in the Sixth Judicial Circuit to hear the suit.

She argued that Shelden is a county official, acting in that capacity in the suit, and that a controversy between county officials should be determined by a judge from outside the county.

McGrath had denied part of the records request on June 23 on the grounds that mold remediation is pending litigation. Also, as the keeper of county records, Shelden already has access to the information he requested, she argued.

Shelden argued that he was acting as a private citizen, and said he didn't always have the access he needed.
"Being the keeper of the records is not the same as having access to the records," he argued. For instance, the county clerk said, he doe not listen to the closed session recordings of county meetings so he can't be accused of leaking information from those sessions.

Jones asked McGrath if she thought he was biased. She said no. He denied her motion.

No date was set for the next hearing. Jones ordered the county to provide an index of the information Shelden is requesting within two weeks. Jones will examine the index in his chambers.

Both Shelden and McGrath have upcoming jury duty to serve, so it could be more than a month before all the parties can get together again.
 
 
 

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