Following the Oxford school district’s recent denial of a Freedom of Information Act (FOIA) request for certain documents, TEAM 20, a local group that’s been challenging the district on many issues including the Weiming dormitory, hired attorney Jeffrey Hansche to represent it.
‘We decided on Jeff because he was genuinely interested in helping our district and understood that TEAM 20 is trying to put the focus on our students,? said Kallie Roesner-Meyers, one of the group’s leaders. ‘We are forced to pursue legal action to compel compliance with FOIA and to obtain the Pam Anstey documents and information.?
Roesner-Meyers is referring to the recent memorandum agreement between Anstey, the former chief operations officer, and former Superintendent Dr. William Skilling.
According to the agreement, a letter written by Skilling recommending Anstey’s contract not be renewed along with a supplemental memorandum setting forth the basis for the recommendation, were supposed to be ‘destroyed.?
However, TEAM 20 requested copies of those documents in a May 6 FOIA request.
The May 12 response from Assistant Superintendent of Human Resources Nancy Latowski, was that those documents were ‘exempt from MFOIA disclosure,? due to 15.243(1)(m).
The law states, ‘Communications and notes within a public body or between public bodies of an advisory nature to the extent that they cover other than purely factual materials and are preliminary to a final agency determination of policy or action. This exemption does not apply unless the public body shows that in the particular instance the public interest in encouraging frank communication between officials and employees of public bodies clearly outweighs the public interest in disclosure.”
‘They’re claiming what lawyers call a sub M exception, which is basically within a government organization, before something is totally finalized, (they say) ‘we need free exchange of information, so we can do our very best job and this very free exchange of information should not be open to the public,?? Hansche said. ‘Right after that at the end of the exception, it says the burden is upon the party asserting the exception to prove it. So, they’re going to have to prove that they need to keep all of this a secret. That means they’re going to have to disclose it to me in discovery and I’ll see it and then we’ll know (what it says).?
He noted that he ‘can’t imagine anything in a school district that should be a secret.?
‘It’s our children that are attending the district isn’t it? What should be hidden from us? Nothing (should),? Hansche said.
Superintendent Tim Throne said he wants to ‘share any and all information? that he legally can.
‘Coming into this position, the school district’s lawyer has said not to release this or do this or don’t do that. I have to take the advice of the school district’s lawyer,? he said. ‘If they want to sue the district, there is nothing I can do about that. I only can control what I can control and I have to make the decision based on what I think is the best interest of the district. That’s where I am at.?
Roenser-Meyers said they just want ‘compliance? with state law.
‘The term lawsuit is really not an accurate description of what we are doing,? she added. ‘We will be filing motions with the court to force compliance and production of documents.?