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Public agencies can release almost anything out of an employee’s personnel file, but at the very least state law requires discipline records be open to anyone.
With that in mind, The Journal Gazette sought the discipline records of all Allen County teachers because of the important role they play.
After weeks of exchanging letters with the four county school districts, that’s pretty much where it ended. Though The Journal Gazette offered to work with the districts to narrow the request – by not asking for business addresses and telephone numbers, for example – the effort stalled.
School district lawyers insisted no discipline records filled the request except for a handful of cases voted on by their respective school boards. They concluded they are not required to disclose such documents as written reprimands, warnings and other statements of misconduct, although state law allows them to.
When school district lawyers complained the newspaper’s blanket request did not identify the teachers with “reasonable particularity” as the law requires, The Journal Gazette submitted the names of all teachers employed by each district in the past 10 years. Fort Wayne Community Schools replied that the list was too general, citing state law that excludes information on groups of employees except when “particularized by employee name.”
The newspaper filed nearly identical complaints against three of the four districts with Indiana’s public access counselor, who offers opinions on the release of public records. (Southwest Allen County Schools initially said informally that it would compile the records but weeks later said it did not have any).
Newly appointed access counselor Heather Willis Neal agreed with The Journal Gazette that school board votes are not the only discipline records required to be released. But her opinion left open what was to be disclosed.
In a written opinion she defined “formal charges” as misconduct “alleged through an established formal complaint process.”
But she stated that discipline measures such as written reprimands and warnings don’t have to be released because they are not “final actions.”
Although outgoing Public Access Counselor Karen Davis encouraged the newspaper to submit a list of all teachers to fulfill the “reasonable particularity” requirement, Willis Neal sided with the districts, noting the time it would take to compile the records.
Steve Key, general counsel with the Hoosier State Press Association, said the law’s intent is to protect reputations from false complaints, with charges rising to the level of dismissal, demotion or suspension required to be made public. When writing the law, lawmakers gave little discussion to the term “formal charges” other than how it relates to police merit boards, he said.
As for producing the records, Key said the burden is on the school districts to provide the discipline records requested, not require a search of board minutes.
Rather than sift through minutes, The Journal Gazette randomly selected 15 teachers and three principals from each district and asked for their discipline records. None had disciplinary actions, according to the records provided.
rshawgo@jg.net
