
                         Roanoke Times
                 Copyright (c) 1995, Landmark Communications, Inc.

DATE: SUNDAY, March 10, 1991                   TAG: 9103100182
SECTION: VIRGINIA                    PAGE: E-6   EDITION: METRO 
SOURCE: Associated Press
DATELINE: CHARLOTTESVILLE                                LENGTH: Medium

APPEAL SET FOR PHONE BILL RULING/ WILDER FIGHTING RECORDS' DISCLOSURE

Gov. Douglas Wilder's office will argue in an appeal to the Virginia Supreme Court that his telephone records are exempt from the disclosure requirements of the state's freedom of information law.

The state's high court said Friday it would hear the governor's appeal.

Wilder's office is appealing Richmond Circuit Judge James Wilkinson's ruling in November that the bills are subject to public inspection. The Daily Progress in Charlottesville had filed a freedom of information lawsuit seeking to see the records.

Wilder's office said the disclosure requirements violate the constitutional separation of powers between the legislative and executive branches. His office says the General Assembly has no power to pass a freedom of information act binding on the executive branch. The executive branch includes state agencies and appointed boards and commissions as well as the governor's office.

The newspaper sued Wilder aide Richard Taylor in October after the governor's office denied the newspaper's Aug. 28 request to see entire phone bills for its investigation of spending in the governor's office.

Before June, Wilder's office had shared the complete bills with the public, a policy practiced by previous governors and currently practiced by the lieutenant governor.

On June 29, the governor's office began limiting public access to the bills by disclosing only the cover sheets of office phone bills for January through April. A cover sheet indicates how much the office paid for long distance telephone calls, but not the numbers dialed or the cost or duration of each call.

David Beach, clerk of the Virginia Supreme Court, said Friday that the appeal will probably be heard in June. Alexander Wellford, the newspaper's attorney, said a fall hearing is more likely.

by CNB