Destruction of Letter to Haley Raises Questions

In August, Cathy Hazelwood, the commission’s attorney and deputy director, drafted a letter to Haley’s campaign requesting that it reimburse the state for the cost of a State Law Enforcement Division security detail for Haley for a June fundraising event in North Carolina sponsored by a foundation supporting N.C. Gov. Pat McCrory's policy agenda, according to media reports.

But longtime Ethics Commission Executive Director Herb Hayden, who is not an attorney, publicly negated Hazelwood’s legal opinion, announcing that Haley’s campaign would not have to reimburse the state for the security detail costs.

In emails last week to The Nerve in response to a Sept. 5 state Freedom of Information Act request, Hayden said Hazelwood’s letter was not sent to Haley, and that it was “destroyed when the decision was made it was not necessary.”

In response to follow-up questions about whether any electronic copies of the letter existed, Hayden in an email Monday said, “The letter was destroyed, both hard copy and electronic copy.”

The Nerve in a story Monday pointed out that under the S.C. Freedom of Information Act, electronic copies of records are public records and must be released upon request unless specifically exempted by law. In his response Monday to that issue, Hayden said he was "well aware" of the FOIA's requirements."

Hayden didn’t respond to a follow-up question Tuesday about whether the destruction of all copies of the letter violated state records-retention policies.

Read the full story at TheNerve.org.