The Congress Elementary School District filed a lawsuit in Yavapai Superior Court to prevent four residents from requesting public records, suing the district or complaining to outside agencies about the district.
The lawsuit alleges that four taxpayers, Jean Warren, Jennifer Renee Hoge, Cyndi Regis and Barbara Rejon, are harassing the district and impeding the operation of the district by repeatedly submitting public records requests.
On Thursday, the Scharf-Norton Center for Constitutional Litigation at the Goldwater Institute filed a motion to dismiss the lawsuit.
Goldwater Institute litigation attorney Carrie Ann Sitren claims in her motion to dismiss that the courts have no jurisdiction regarding this lawsuit.
"The public records law does not allow an entity to sue a requestor. The requestor can sue the entity. The district's remedy is not to provide the information. It is then up to the requestor to possibly sue to get the information," she said during a Thursday afternoon telephone news conference.
For the most part, the defendants asked for documents that are not privileged or confidential, including agendas and minutes of governing board meetings, spending records and records related to the defendants' own children.
Congress is a small rural community in southern Yavapai County. Until 2001, when the community formed the Congress Elementary School District, students attended school in Wickenburg, about 16 miles south of Congress.
According to Sitren, in 2002 and 2007, the Arizona Attorney General's office found the district to be in violation of the state's open meeting law. Additionally, in June 2009, the state ombudsman's office admonished the district for its slow response to public records requests.
"The AG's office also chastised the district for not following the open meeting law and suggested the board attend training," Sitren said. "Instead of cleaning up its act, the district tried to silence the defendants and filed a lawsuit requesting an injunction to stop them" from making any more public records requests.
Sitren filed her motion to dismiss because "if you only hear the district's side, it is clear they have no merit in the court system."
The defendants have the right to see the records, no matter how many times they ask, Sitren said.
The district's lawsuit acknowledges that the documents are not privileged or confidential.
"Defendants have abused both the public record request and the administrative complaint system in order to harass the plaintiff," district attorney Franklin Hoover wrote in the court motion. "Defendants' requests and complaints were unduly burdensome due to the sheer volume of the records requiring preparation by the plaintiff in response."
Goldwater Institute Vice President of External Affairs Starlee Rhoades said, "Actually, the parents are being harassed by the district. They submitted public records requests, and they were told they had to talk to the superintendent or principal. When they sent letters to the superintendent or principal, they were told they had to submit a public records request."
The ramifications of the lawsuit could be far-reaching, according to Sitren.
"If the lawsuit goes forward and the district gets an injunction, it could completely negate the public records law, negate the First Amendment right to free speech and eliminate public participation for fear of being sued," Sitren said.
The lawsuit asks the court for a preliminary and permanent injunction against the four defendants.
A preliminary injunction would keep the defendants from making any additional public records requests until the case goes to trial.
Sitren asked the court to hear her motion to dismiss as soon as possible.
Posted: Tuesday, March 16, 2010
Article comment by:
Goldwater Soldier!!! Just shoot that pen
At the bottom of the web site for Goldwater Institute is says to write your local newspapers. So you people take marching orders. Good job!! No use fighting with a fool. The republic editorial was heavily contributed to by if not written by Mark Flatten. It reads very similar to the many other editorials across the country that mentions Congress AZ. So who is Mark Flatten? A journalist from the Claudwater Institute.
Unfortunately you are wrong about the level of requests. There are over 100 requests that began in 2002/2003. They recessed for approximately 4 years than began in earnest in 2007 (reading both documents may clear up some misinformation delivered by GI). It includes many, many requests for information that have a series of sub-requests to them. For example the one request on the AC units. 9 sub-requests. Be done by 11:00 AM. This is followed up by a request on the same day of an equally complicated information gathering operation regarding computers. BE DONE BY 11:00.
Of course there is no accusation from the public about miss-use of public funds regarding the delivered information.
This is an abuse of the law and miss-use of public resources.
P.S. Soldier: Maybe you have not lived long in AZ or do not even live in AZ. Eight (8) years on an AC unit is not too bad.
Posted: Tuesday, March 16, 2010
Article comment by:
Wait.... Who filed the suit?
Well based on some of these posts, it looks like Warren and her buddies have found the site. Ok wait, I must be ignorant too? Who is the defendent in this case....Congress School or Warren and her cronies? If Congress School has Sooo much to hide, why would they be the side filing the suit? To prove their case against the defendents, won't that mean the school will need to provide documented evidence in order to support their accusations? It looks like every request made by the defendents is listed in the complaint. Looks like pretty good record keeping to me. I'm betting they kept pretty good records to show the school's responses to the defendent's requests too. Right now we have the defendents' side of the story. They didn't get the records they wanted. Is it too bold to think that the school has an answer for all of their complaints? No lawyer would touch a suit like this unless it was supported by solid evidence. And from what I understand, the school isn't seeking that the defendents have NO right to the school public records....the school is seeking that the defendent's future requests be filtered through a judge or other intermediary in order to avoid frivolous and excessive requests.
BEWARE of listening to one side of the story (even mine, since it's obvious I'm on the school's side). Be patient, the school's side and evidence will be heard along with the defendents' response. Decide based on that evidence.
Posted: Monday, March 15, 2010
Article comment by:
Check your facts people, your ignorance is showing
Reply to: Should read: Flatten intends to close School District:
You make this proclamation "Yep this made the Republic alright. I like this comment for its clarity:" yet there are no facts to back it up. No headline in the Republic as you insinuate and where you reference a comment you don't even produce it??
I believe the Republic did, indeed, check their facts, and that is why they wrote the editorial as they did.
You, on the other hand, need to check yours. I hardly consider 100 requests for information over an 8 year period voluminous! and as for the clerk at the school being paid for "spending all their time responding to these four people" THERE IS NO CLERK!
I believe, as any taxpayer should, that what is in the public's interest is how the school is spending the taxpayers money!
Replacing 24 AC units after only 8 years! who wouldn't want to know about that. Certainly as a taxpayer I would think that YOU would since you paid for them the first time and now will be paying for them again.
Your statement "These are the same residents that stayed after a board meeting to ask the board questions and when the board responded to their concerns -- THEY TURNED THEM IN FOR VIOLATION OF OPEN MEETING LAW" is not only WRONG, but not included in any documents regarding te lawsuit so how is it that you know about this?
If you were to actually check the facts and perhaps make your own public records request to the AG's office regarding this incident you would see that it was NOT one of these individuals.
As for hating the government again you are wrong, only someone who loves and believes in their government would put themselves in the line of fire as these four have.
I really recommend that you actually read the complaint AND the motion to dismiss before making any more comments.
Posted: Monday, March 15, 2010
Article comment by:
Check your facts people
Reply to: Check this out
You are correct about the bill but you conveniently left out a very important piece of information regarding that bill which is:
Under HB 3031, a public agency would be allowed to charge a fee, in advance, if complying with a request for documents would take more than five hours of employee time to produce within a month. The measure would give agencies discretion in deciding when a fee would be appropriate.
Fagan noted it is her hope that in most cases there would be no charge unless a requester’s project is “truly a burden to staff.”
“The bill would give agencies the discretion to charge at the five-hour mark,” she said.
So yes, on that we are on the same page, if someone were to make a request that would incur 5 or more hours of time to fulfill in a month, then I agree there should be a charge.
But where I beg to differ is, that had you actually read the documents regarding this case you would see that a majority of the requests were for minutes and agendas something that should only take under 5 minutes to produce not the 5 hours as outlined in the bill.
Also, another large portion of the requests were a parent's request for information on their own child, again, something that should take less than 5 minutes to produce particulary since the child is a current student and their file should be right at their fingertips.
Finally your example of camparing Palouse to Congress is absurd. There is no comparison or substitution one for the other, as I do not believe the parents making the requests for information on their students such as counseling information, test scores, discipline records or community members requesting minutes and agendas or even AC and computer information (100 total per the complaint) spread out over an 8 year period (also per the complaint) could ever seriously be considered excessive and I have serious doubts that it was done "just for fun".
Would you not ask questions if 24 new air conditioning units were being replaced after only 8 years of service when per "Dean Gray, executive director of the Arizona School Facilities Board, which pays to construct new schools, said air conditioning units should last at least 12 to 15 years."?
Would you not want information on a counselor your child was seeing at school?
Haven't you never asked for minutes and agendas of a board meeting, have you never asked for any information of anyone or any entity and if you did was it "just for fun"? I suspect not.
I suspect that if you have requested any information of anyone or any entity at any tme that it was because you had a legtimate reason just as these citizens have.
Posted: Monday, March 15, 2010
Article comment by:
Should read: Flatten intends to close Congress School District
Yep this made the Republic alright. I like this comment for its clarity:
Republic...you might want to check your facts. The squeaky wheels in Congress that are subject to this suit make voluminous records requests JUST TO KEEP THE SCHOOL OFFICIALS BUSY. This little district, with 125 students has a clerk that spends all of her time responding to these four people. A $30K salary to serve four people's nefarious schemes. And THAT is in the public's interest how? These are the same residents that stayed after a board meeting to ask the board questions and when the board responded to their concerns -- THEY TURNED THEM IN FOR VIOLATION OF OPEN MEETING LAW. These are people that hate government - even if that government is educating kids. Shame on the Republic for taking the Goldwater Institute's press release hook, line and sinker without doing some fact-checking of their own!
Why is the Goldwater Institute so intent on miss-representing the facts? Makes you wonder?
Posted: Monday, March 15, 2010
Article comment by:
Check this out!! !!
This is from a bill passing through the state of Washington. http://hrc.leg.wa.gov/news/state-government/fagan-bill-would-bring-balance-to-records-requests/. It is called balance!!!
In Summary: House Bill 3031 had its first hearing Jan. 26 2010 in the House State Government and Tribal Affairs Committee.
“The bill is designed to provide a reasonable way to help them meet the legitimate needs of citizens – and to receive fair compensation – when offices with limited staff resources must handle particularly large requests for public documents.”
Fagan said the bill aims to create a balance between the need for citizens to obtain public records in a timely way and the competing obligations of government workers to meet demands for services with limited resources.
The measure is also intended to help deter public records requests that are excessive and frivolous.
FOR EXAMPLE: substiitute Congress for Palouse"
"In Palouse (population about 1,000) an individual is currently submitting excessive requests for public records. “When questioned by a reporter, this individual said, ‘I am doing this for pure pleasure right now. I am doing this just to do it,’” Newman recalled. “In some cases excessive requests have been submitted in a deliberate attempt to overwhelm city staff, cause them to make a mistake, or not be able to fill the request in a timely manner, which can result in the requester filing a lawsuit for violation of the Public Records Act,” she told the committee. Newman recounted how in 2007 the Franklin County community of Mesa was forced to pay two-thirds of the town’s total annual budget to a “disgruntled former mayor” who made over 170 public records requests.
Looks Goliath and David. Goldwater Institue is Goliath and Congress is David.
And the Goldwater Institute attorneys continue to monitor these comments. English major and sarcastic I see. Have you ever been to Congress AZ?
Posted: Sunday, March 14, 2010
Article comment by:
What Are They Hiding??
RE: Congress Parent You need to read the article before you post a comment. The article is not about the quality of education. Nothing in the article says Congress is not providing the kids with an education. If you think that Prescott is behind, you should take your concern to the Prescott District, but after you do read this article, you will have second thoughts about asking questions.
Posted: Sunday, March 14, 2010
Article comment by:
Check your facts people, your ignorance is showing
I just have to add, that after re-reading these comments (yes, I needed another laugh) it solidified my opinion that not only are these comments (the ones disparaging the defendant's) being made without the commenter's having read the pertinent information regarding this lawsuit, such as the Complaint itself and the Motion to Dismiss, but, that in fact, even this article must not have been read!
I have never seen such ignorance, and for it to all be here, in one place, is quite the coincidence - or is it?
Posted: Sunday, March 14, 2010
Article comment by:
Congress Parent
My children have been students of Congress Elementary School since it opened.This is a top notch school. This year at Christmas time we moved to Prescott, and when my kids started here they all said that Prescott is a year behind Congress. Please don't pass judgement on a school that has such a high rating in this state. They seem to have no problem sticking to their budget, and the kids all do very well. Wish I could say the same about Prescott.
Posted: Sunday, March 14, 2010
Article comment by:
reply to Check on Warren too - have you been sniffing glue?
Please explain how on earth you came up with that?
How is trying to get "public" information, such as minutes and agendas, a ploy to get money or a job?
What public trough are you talking about, welfare? because that is a completely different government entity altogether and judging by your lack of knowledge in both spelling and sentence structure I suspect that you yourself are feeding at the "public trough"!
Your whole comment, and especially your last sentence " I would put money down that this is not the first time for these work", is, well, just plain idiotic.
I don't think you should embarrass yourself any further by making any more comments where people will actualy be able to see them.
Posted: Saturday, March 13, 2010
Article comment by:
check your facts people, your ignorance is showing
It is quite apparent that the majority of you are making comments on something you know nothing about.
Since I am a resident of Congress and have been to many of the board meetings I have been following this lawsuit since the article was first published to the web, but more importantly I made it a point to actually READ the complaint AND the Motion to Dismiss BEFORE passing judgement on anyone, something obviously not done by the many commenter's here.
Both of these documents are available at this URL (copy and paste to search engine):
http://www.goldwaterinstitute.org/case/4505
I suggest you all actually read the documents before making any more comments, I believe you may find yourselves with egg on your face once you do.
In reading these comments, I must say though, I have had quite the laugh as I have not seen such terrible spelling and even worse grammar than when I read the minutes to the school board meeting's, so for that I thank you all.
Posted: Saturday, March 13, 2010
Article comment by:
check on Warren too !!!
You check into that. Also check into what the four individuals are really after? I would bet it is money or a job. You know the public trough!! Check if Warren has done this before to any other entitities in Congress or where ever she has lived. I would put money down that this is not the first time for these work
Posted: Saturday, March 13, 2010
Article comment by:
What Are They Hiding??
RE: "Who said they have been spreading the requests over 8 years?"
The school did!
Read the complaint from the school: "from the 2002 school year through the date of this filing." The school also says: "on an almost daily basis". Someone is having a problem with math there. I only brought this up for humor, as it comes from a top rated school that I assume teaches math.
And as far as top rated, I believe they are also one of the top technology schools in Arizona. With that said, some have mentioned the records filed in "boxes". I would have to think a top tech school would have records also on computer and/or disc. It would take little to no staff time to make available records on their website, school computer for public use, or a couple keystrokes and print what the person is requesting (with a copy charge of course).
Is the school trying to hide something? My quess would be money, maybe also poor records management, or both. I am going to watch this issue and try to get more details.
Posted: Saturday, March 13, 2010
Article comment by:
It certainly appears as if they are hiding nothing
What are they hiding:
Who said they have been spreading the requests over 8 years? The school has been open for 8 years. The point of the law is to request information that is to be used to make a law suit or make a corrective action. Is that happening here? I bet that if the public knew what they were asking for ( and I hope we do) we would be disgusted. I also would put money down that these folks have a history of doing this same thing? Want to take me up on it? I bet that very little of the information requested has ever been used to determine anything. These people are mean, plain and simple. They see an opportunity to waste tax payer time and resources by abusing a law in a manner that it was never intended. I just looked it up. Congress has been ranked in the top 10 schools in AZ. It is the highest ranking in Yavpai County. I say what ever they are doing should be replicated through out the county. Top 10 is difficult to come by. The school should be something to be proud of not reviled. On second thought these folks should be run out of town in good ole AZ fashion.
Posted: Saturday, March 13, 2010
Article comment by:
I'd do this about that
I'd say "Gee buddy, I am not really sure exactly where in here the records you need to see are, but I'll certainly let you sort through these boxes and when you find what you want we'll copy it for you for 10 cents a copy. Have at it dude." Make them do the work. And if the dude makes a mess throw the mess into the box and tape it up. Nowdays many districts are going paperless and that's probably why. I think PUSD has done that the last couple years. Then the public has to look it up online themselves and print it out from their printer. Nice.
Posted: Saturday, March 13, 2010
Article comment by:
What Are They Hiding??
100 requests over 8 years by 4 people?? Has anyone done the math?? WOW!! About 1 request per month!! Outrageous!!!!!
Posted: Friday, March 12, 2010
Article comment by:
not so to not so!!! !!
not so:
Unfortunatley you are incorrect. Schools only charge the cost of the copy. I beleive that in most cases that is 10 cents per page. What you can not calculate is the cost of front office staff or a principal taking the time away from a parent to fullfill these requests in a timely manner. So you request the minutes and evaluation information on an employee that was at the school 7 years ago. The school has moved and there have been 6 employees in the front office postion since that time. No one else knows where the files are.. You have to go through boxes and boxes of information looking for the records that this person wants. While the principal is out of the office looking for records sosmething happens at the school. Maybe your son falls and splits their lip open and is bleeding all over the place. While key personnl are out seriving the public requests they are not serving your child. So you say that does not happen. If the numbers are to be even remotely believed you can bet your last dollar that if that school has over 100 requests for information that something similar has happened at least once. And once is too many in my book. So you think I'm an insider. Nope. I have seen this happen to other schools. It is the new craze for the power hungry in small communities. Congress is not immune to the "want to influcence crowd". And abusing public employees just becasue you can and they are paid through taxes is not a new tactic either. I say make these people pay the school district back for all their personnel expenses. It has to add up to at least 10,000 dollars.
Posted: Friday, March 12, 2010
Article comment by:
Not So
At least two posters have mentioned that these requests are "compiled with tax payer time and resources." That shouldn't be the case. Arizonas Government Records Access laws allow local governments to cover their costs, charge for copies, postage, etc. with all such requests. Why doesn't the Congress school district charge for such - it would certainly keep people from making frivilous requests. Nonetheless, the law is very clear and it unfortunately does open up local governments to "busy work.' You don't like it - change the law or charge for services. The courts aren't the correct venue for relief.
Posted: Friday, March 12, 2010
Article comment by:
This has 2 sides I bet
I've been involved in stuff like this in school district. Some person with way too much time on their hands and an axe to grind will start requesting gobs of old hard-to-find records for no good reason. The district's small staff has to assign some secretary to dig through boxes of old stuff and copy stuff to no end. Then when the bozo gets their stuff they do it again. And again. If they complain then Bozo cries "public records are being withheld" and they lawyer up as in this case. I think the district may have the right to charge a reasonable fee for copying records. They usually don't if it's something simple but in this case maybe they should look into that.
Posted: Friday, March 12, 2010
Article comment by:
John Smith
It sounds like the district should add another line to their annual budget for the costs that are incurred to respond to these crazy requests. From the complaint filed by the district, it looks like Warren could use her own staff member at the school, just to handle her requests. A few requests I can understand, but 100s....please. Of course, I can understand, since she has so many family members attending school......oh wait, she doesn't, that's right. These insane individuals are the minority and simply have an axe to grind. I want to know their motive for the outrageous amounts of requests they have made. To me it sounds like they want faster service on responses, not a better learning experience for the children of Congress. After 8 years of supposed waste and abuse by the school district, wouldn't you think at least a majority of the people of Congress would recognize the problem and make changes to the school board and in turn the staff at the school. No changes have been made because the school excels at what it is there for educating the children of Congress. Oh, and if you want to see the administrator's salaries, no need to make a silly request, that is public record.
Posted: Friday, March 12, 2010
Article comment by:
Right Wing Conservative
Since it's obvious that this school has something to hide, I suggest that everyone request information and see what happens.
Posted: Friday, March 12, 2010
Article comment by:
Go to a meeting Nothing is free!!
The article fails to mention that there are over 100 requests for information from these people. Each is compiled with tax payer time and resources. Unfortunately the school district is being painted as wanting to silence the public. When you hear the whole story you will be agitated and angry at these people for their own arrogant expenditure of the Congress people’s money and time. Nothing is free. When staff are preparing these documents they are not serving the students or families of the school. They see the school as a public trough for abuse. What about the 1000's of public dollars lost through answering their every need and serving their every whim. Most are requested from someone who does not have a child in the system and nothing is ever done with the information. Additionally the request is for information from years ago. The only reason is harassment the staff at the school. If you truly want to know about these people go and visit the community of Congress and go to a board meeting. I have been there. It is anguishing.
Posted: Friday, March 12, 2010
Article comment by:
Go Visit!
The article fails to mention that there are over 100 requests for information from these people. Each is compiled with tax payer time and resources. Unfortuantley they are being painted as wanting to silence the public. When you hear the whole story you will be agitacted and angry at these people. They see the school as a public trough for abuse. What about the 1000's of public dollars lost through answering their every need. Most are requested from someone who does not have a child in the system and nothing is ever done with the information. Additionally the request is for information from years ago. The only reason is harrasment of the staff at the school. If you truly want to know about these people go and visit the community of Congress and go to a board meeting. I have been there. It is rediculous. Any sane person would not support this activity.
Posted: Friday, March 12, 2010
Article comment by:
Give them UP Or are they Hiding something?
What does the Congress District have to hide? Since taxpayer dollars support the schools, the taxpayers should have the right to look at records. Administrators' salaries should be the first requested document!!
