According to Noel Rea and his attorney, an iPad at the center of a lawsuit filed against him and former Wrangell Medical Center board members is his to keep.
The borough, which is suing Rea and six recalled members of the board over actions taken at their final meeting, is seeking the return of the iPad and Blackberry, which they claim contains evidence relevant to their case.
Rea is saying the items are his and therefore protected from review by the city or its attorneys – and that he claims to own the iPad, having arranged to purchase it from the hospital after his firing.
“Upon his termination, Rea spoke with Bob Shymanski (Director of Environmental Services with oversight over WMC’s IT department) about the Blackberry and iPad that had been provided to Rea by WMC,” the filing states. “They discussed prices and it was agreed that Rea could purchase both devices.”
In that agreement, WMC is alleged to have released Rea’s phone number to him so that he could transfer it to his personal account. Rea allegedly disposed of the Blackberry after shifting the phone number to his current iPhone.
“Contrary to his affidavit, Borough Manager Timothy Rooney had no authority to prohibit the sale of the Blackberry and iPad to Rea (under) former Wrangell Municipal Code 3.32.020A and B,” the reply states.
At the advice of his attorneys, Rea told the Sentinel he could not comment on this story.
The complaint against Rea and the others states that the items being sought are of critical importance due to information they might contain.
“The cell phone likely contained relevant evidence in this case, consisting of phone calls and text messages between Defendant Selle-Rea and the six recalled board member defendants, and likely others, with relevant information as to the facts and causes of action,” the complaint states, going on to make an equal comparison with the iPad. “The iPad phone likely contains relevant evidence in this case, consisting of e-mails between Defendant Selle-Rea and the six recalled board member defendants, and likely others, with relevant information as to the facts and causes of action in this First Amended Complaint.”
Rea’s filing added that he has continued to use the iPad, which he says contains a variety of irrelevant matters, family photos, newspapers, games, and music. The filing also states that the iPad contains e-mails from two accounts – including his former work account and includes some e-mails from the period prior to his termination. Some of those emails, his attorneys allege, encompass privileged communications confidential to WMC, such as peer review documents and e-mails between Rea and WMC attorneys regarding WMC legal matters such as Dr. Greg Salard's suit against WMC.
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