Retired Chief Judge Nahum Litt (formerly Chief Judge of the Civil Aeronautics Board and the U.S. Department of Labor)just beat the City of New Smyrna Beach again.
See below.
It seems that the City of New Smyrna Beach was telling Judge Litt, www.nsbshadow.com, and his corporation, Bill of Rights, Inc., that the would have to pay oodles for records and that they could not receive information on employee personal telephone calls made with City cellular telephones.
The Court has knocked the City of New Smyrna Beach's tenuous arguments to pieces.
Now New Smyrna Beach will be held liable for all attorney fees.
Judge Litt, now the crusading editor of the Shadow, is my mentor. I clerked for him from 1986-1988 when he was Chief Administrative Law Judge of the U.S. Department of Labor. Kudos to Judge Litt and the Volusia County judge who correctly held that the City of New Smyrna Beach cannot withhold personal telephone calls by city employees.
As Judge Litt concludes in the Shadow, if employees want to make personal calls and keep them confidential, let them use their own cellular telephones.
For more, see the Court's decision, below, and read www.nsbshadow.com
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