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The problem is that the sheriff used information which is not public, for something which is not included in his job description. He only has access to that information because he is the sheriff, but the use of the information had nothing to do with his duties as sheriff.
The point is that he used the information in a way he wasn't supposed to, he is well known as not being friendly to permit holders and he was not trying to do permit holders a favor. How else is he using this information in a way he wasn't supposed to?
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