Delinquent tax letter released pursuant to FOIA
PARKERSBURG - A letter written by attorney Andrew Woofter to Wood County Commission President Blair Couch about delinquent personal property taxes owed by Couch's former business was released pursuant to a Freedom of Information Act request filed by Couch's political opponent Harry Deitzler, officials said on Friday.
The Parkersburg News and Sentinel on Thursday reported taxes of $16,582 remain owed by A.W. Couch Inc., a car rental firm that ceased operation when the franchises in the area were taken over by the Hertz Corp. The debt was first reported two years ago.
Couch, a Republican and the incumbent county commissioner, in the November general election will face Deitzler, a former Wood County prosecutor who is with the Charleston law firm of Carper, Bee and Deitzler.
Wood County Prosecutor Jason Wharton Friday said the FOIA request was made around April 6.
"The FOIA request was from Harry Deitzler," Wharton said.
While Woofter, special counsel for the sheriff's tax office, on Wednesday said he believed the letter was privileged communications between attorney and client, Wharton said it was his opinion under FOIA that the letter was a "disclosable document."
The letter outlined a repayment plan with Couch, but was never mailed to Couch after the agreement was never approved by the tax office, Woofter said.
"The FOIA policy is to keep the public informed and disclosures are to be liberally construed. Looking at this particular document, although attorney/client privilege is recognized under FOIA, it was my opinion it was a disclosable document," Wharton said.
Wood County Sheriff Jeff Sandy said the FOIA request came to the tax office.
"The tax office is handled by chief tax deputy Dennie Huggins and we were advised by legal counsel, (Wood County Prosecutor) Jason Wharton, to release the letter. We were advised by the prosecutor that everything that we had in that file needed to be released pursuant to the FOIA request," Sandy said.
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Delinquent tax letter released pursuant to FOIA