In 2008, Councilmember Head began delving into the relationship between fees collected and services rendered by the Sanitation Department, which, along with its director Veronica White, was alleged by
WWL-TV New Orleans Channel 4 (
CBS) to be on too-friendly terms with the
office of mayor Ray Nagin. The Council generally supported Head's inquiries.
Retaliation to garbage inquiry White retaliated by giving thousands of e-mail messages, from the computer accounts of the four white members of the Council, to activist lawyer Tracie Washington, under the proviso of
freedom of information but without proper redaction by city attorney Penya Moses-Fields, to remove statements protected by law. Washington, sympathetic to White, had set about to post the messages on the internet when a federal court, at the request of sources supportive of the Council, enjoined Washington from doing so and subpoenaed (and acquired) White's computers to thwart the possibility that messages on them from the Council might become published. That e-mail controversy followed on the heels of an earlier e-mail controversy, after WWL-TV New Orleans Channel 4 (
CBS) sued the mayor's office in an attempt to gain 6 months of e-mails as a public record. In the context of the convoluted e-mail controversies
Times-Picayune columnist Jarvis DeBerry proposed (perhaps
tongue in cheek) that Council members communicate exclusively by means other than e-mail. DeBerry's column was met with a letter-to-the-editor rejoinder by Steven J. Lane (a
legal counsel in the city attorney's office), who—after analyzing the potential insecurities of communication via
snail-mail,
fax,
telephone, and face-to-face
conversation—described DeBerry's recommendation as folly. DeBerry observed that Lane's assertions his office needed more time to vet the e-mails was met by Civil District Judge Madeleine Landrieu's retort that "We're not going to take thousands of hours"; then DeBerry commented: ::I don't know how to reconcile Lane's suggestion that going through all the e-mails amounts to a Herculean task with Lane's suggestion that going through all the e-mails can take a few weeks with Lane's suggestion that going through all the e-mails can take "thousands of hours." On 2009 May 27 the
Times-Picayune reported that the number of e-mails involved in the suit by WWL-TV was 135,144 and that vetting of them could take up to 15 months, despite a cautionary statement that "We're not going to take thousands of hours" by District Judge Madeleine Landrieu. On 2009 May 29 the
Times-Picayune editorialized against a request by Lane that Louisiana
Attorney General Buddy Caldwell issue a
legal opinion on the amount of time available to redact the e-mails and the nature of information which can be withheld. The editorial insisted that ::The state's Open Records Act is a straightforward statute, with ample jurisprudence and set mechanisms for resolving disputes in court.
Internet posting On 2009 May 13, prior to a
stay ordered by the
state supreme court, Washington briefly posted on the internet certain of Head's e-mail messages. The messages, wrote Bruce Eggler in the
Times-Picayune, appeared to have been chosen to cause her [Councilmember Head] maximum personal and political embarrassment. ::They contain disparaging references to City Councilwoman
Jackie Clarkson and other public figures and an irate description of the allegedly extravagant purchases of a
food-stamp recipient in line ahead of Head at a grocery. In the latter message, Head, a Democrat, threatens to vote for "the freak"
Republican presidential candidate
John McCain and his "trash bag" running mate,
Sarah Palin. Observing that in the e-mails Head had labeled Clarkson an "ASSS" (
sic), James Gill took the occasion to criticize Head's spelling: ::It is quite an achievement for an elected official to turn off Democrats and Republicans in one sentence, and no doubt Head will be more careful with her e-mails from now on. Perhaps that will improve her spelling. When Head began publishing the e-mail messages herself on 2009 May 18, she was promptly interviewed by
WDSU-TV. In the interview Head said that "The person who hates me deep down more than anything has had my e-mails" in referring to Tracie Washington. As Head's e-mail messages became public, by 2009 June 25 it was apparent that "hostility" (the word used by the
Times-Picayune) between Head and Washington involved assessments of Washington's house, messages by Head to her lawyer confidante Nyka Scott alleging that Washington's home had been under-valued by the assessor to lower Washington's taxes. Head's e-mail also revealed thoughts and potential plans for a retaliatory demonstration in front of Washington's house after a demonstration by Washington's supporters in front of Head's house. Head had incorrectly indicated Washington's house as being in the assessment territory of assessor Nancy Marshall, but the property is actually in the territory of assessor Henry Heaton. Both Marshall and Heaton said that Head had never communicated with either of them about the valuation of Washington's property—a request that they said would have been unethical in that the City Council reviews appeals of assessments retroactively but does not interfere with assessments of individuals proactively. City Council president
Arnie Fielkow clarified: ::I don't think it's right of us that are privileged to be on City Council to be asking others to look at assessments of particular people. I think that's very wrong. Head denied that alleging an underassessed value for Washington's property had anything to do with their nemesis relationship: ::If somebody has done something that I perceive is wrong, are they then immune from me taking any appropriate action? I can't live that way. I try very hard to be even in the way that I deal with things. There are multiple entities that I've reported to the IRS, multiple entities that I've reported to the assessor as questionable nonprofit status. On 2009 December 7 an echo of the e-mail controversies reverberated when New Orleans police chief
Warren J. Riley claimed that Head had written a derogatory e-mail about him. He had apparently trashed the e-mail and was unable to retrieve it when questioned at a press conference. ==Recall drive==