Freedom of Information

A member of the Board of Trustees of Lexington District 1 has had her requests for access to school district financial records denied by the school superintendent.

Jada Garris has asked to see how much money the district has paid for lawyers.

Superintendent Gregory Little says he won’t release the records unless the entire school board approves or the board member submits a written request under the state’s Freedom of Information Act.

The superintendent suggests that if the request is made under the FoIA, he will take all the time the law allows before making the records available.

Several things are wrong with this:

1. School districts are under the management of school boards.

2. Information in any account, voucher, or contract dealing with expenditure of public funds is by law “public information.”

3. Stalling by the superintendent or a denial of the remaining board members is likely to be in violation of the law.

What is the superintendent hiding from the school board member?

School superintendents have a shelf life and far too many think they can extend that shelf life only by keeping information from the public – particularly information that might not be received favorably.

Some superintendents act as if the board works for them rather than the other way around. I attended a school board meeting in the Pee Dee at the request of the board chair to talk about compliance with the Freedom of Information Act.

The superintendent sat in the middle of the head table with board members on either side. The superintendent sat in a tall, leather wingback chair and the board members were in cafeteria plastic chairs.

My advice to the board chair was to get the superintendent out of that chair and away from the head table. Make it clear that the board runs the school district.

If an employee of the school district can decide what information an elected official is allowed to see, how can that elected official perform the functions of an office created by state law? The board member should persist in her request, and the other board members should align with her.

Mr. Bender is a leading Freedom of Information attorney who has advised the media on these issues for 30 years.