The West Virginia Intermediate Court of Appeals ruled that a termination letter involving Jeremiah Samples, a former top official at the now-defunct agency that ran West Virginia’s foster care and substance use support services, is public information. Chief Judge Thomas E. Scarr stated that the public interest in the firing of Samples, who was the second highest-ranking official in the state’s largest agency, outweighs concerns about privacy violations. The court directed the lower court to release the letter penned by former health and human resources Secretary Bill Crouch to a local television station, WSAZ. The decision came after the agency was under intense scrutiny, leading to the disassembly of the Health and Human Resources Department and splitting it into three separate agencies.
Samples was fired in April 2022 by Crouch, who later retired in December 2022. Samples released a statement following his termination, highlighting struggles within the agency and noting differences with Secretary Crouch regarding critical areas such as child welfare, substance use disorder, and protection of the vulnerable. WSAZ submitted a public records request seeking information regarding Samples’ resignation or termination, as well as email correspondence between Samples and Crouch. The request was initially denied, but the department inadvertently included an unredacted copy of an unsigned draft of the termination letter while fulfilling a separate demand. The draft letter sharply criticized Samples’ performance and accused him of misconduct and insubordination.
State lawyers argued that releasing the termination letter would constitute an invasion of privacy and was protected from public disclosure under an exemption to the state open records law. The circuit court sided with the state regarding the termination letter but ruled that the department had to provide WSAZ with other requested emails and records. The agency tried to prevent WSAZ from publishing the draft letter, but in August 2023, the court ruled that it was the station’s First Amendment right to publish it. Samples told WSAZ that the draft letter contained “many falsehoods” about him and his work and expressed support for transparency.
In a recent opinion, the appeals court judges emphasized that the release of the draft letter only heightened the station’s argument for the final letter to be made public. Scarr stated that the purpose of the privacy exemption to the Freedom of Information Act is to protect individuals from the unnecessary disclosure of personal information. He argued that the conduct of public officials while performing their duties is not the type of information meant to be protected by FOIA. The court concluded that FOIA should protect an employee’s personal information but not information related to job function. The ruling emphasized the importance of transparency and public access to information about the conduct of public officials in their official capacities.
The decision by the West Virginia Intermediate Court of Appeals to release the termination letter involving a former top official at the agency responsible for foster care and substance use support services in the state underscores the importance of transparency in government operations. The court’s ruling in favor of releasing the letter to a local television station highlights the public interest in the firing of a high-ranking official and balances concerns about privacy violations. The case also sheds light on the challenges and controversies within the agency, including struggles with critical areas like child welfare and substance use disorder. Overall, the decision reflects the court’s commitment to upholding the principles of accountability and access to information in the public sector.
