Public records request granted - February 28, 2006

Mail Tribune (Medford, OR — Wayback)

2006-03-08

Document text

Oregon Road Conditions & Cams Email Story to a Friend February 28, 2006 Public records request granted Information sought on health-curriculum commenters By PARIS ACHEN Mail Tribune A Jackson County Circuit Court judge has ordered the release of the names and e-mail addresses of 16 people who sent electronic comments to the Medford School District regarding a proposed health curriculum. The school district had challenged a December opinion by Jackson County District Attorney Mark Huddleston that the names and addresses are public records and must be disclosed under law. A portion of the curriculum that calls for teaching about contraception in the eighth grade — mandatory by state law in 2007 — drew a whirlwind of controversy before the curriculum was adopted Jan. 17. The Mail Tribune had sought Huddleston’s legal opinion after school district officials refused to hand over identifying information with the comments sent to the district’s Web site between Nov. 15 and Nov. 18. The school district posted a notice on its Web site on Nov. 18 stating that all comments on the health curriculum are public. Advertisement School district officials argued that e-mails sent before Nov. 18 were written with the expectation they would be kept private and therefore, should not be subject to disclosure. "I think the ruling upholds the public’s right to know how public business is being handled," said Bob Hunter, editor of the Mail Tribune. "What concerned us the most was the school district sought public comments in order to help make a decision on public policy. "I think it’s important to know not only what the comment was but who was making it because you never know what the relationship could be between the person making the comment and the governmental agency." County Circuit Court Judge Dan Harris ruled that 15 of the 17 e-mails sent to the school district between Nov. 15-18 are public records and must be released in their entirety by Friday. He ordered the release of a 16th e-mail with the postscript redacted because the author included private information about his or her children. Releasing the personal information about the children would constitute an unreasonable invasion of privacy, an exemption under public records laws, Harris wrote in his ruling. The school district and the Mail Tribune agreed at a Feb. 17 hearing that a 17th e-mail would be exempt from disclosure because the author had intended it to be private. Phil Long, superintendent of the Medford School District, said the judge’s decision was reasonable. "Our concern was protecting personally identifying information about students, particularly when the e-mails were sent not knowing they were public documents," Long said. "The ruling allows us to protect information about students that would invade their privacy." Hunter said the Mail Tribune has never disputed that personal information about students could be withheld. He said the newspaper will not publish the names and addresses of the authors. Staff members generally use the names and addresses from public comments to verify the authors’ identities, he said. Once the newspaper receives the e-mails, staff members plan to review them for any newsworthy information, he said. "The issue has been decided, so it’s likely we would probably do nothing with them," Hunter said. "But the point has been made that any kind of public input is public record." Long said in future public comment periods, the school district plans to post notices on its Web site that e-mails are public records. "We want to make sure people will continue to communicate with us," Long said. "Next time we seek public comments, people will have clarification." Reach reporter Paris Achen at 776-4459 or e-mail Public records request granted ">[email protected] . Mail Tribune Home  | Local News  | Sports  | Business  | Obituaries  | Life | Opinion AP News | Archives  |  Site Map  | Community  | Classified   Copyright © 1997-2006 Mail Tribune, Inc. All rights reserved. Privacy Policy | Terms & Conditions | Website Feedback www.bingo.com Home Security Systems Trunks, Footlocker Custom Build Computers Computer Security Discount Hotel Reservations Debt Consolidation Generic Viagra Windermere Van Vleet Deep Muscle Stimulator Sports Equipment Online Casino Reviews Online Bingo Entertainment Guide Online Casino Fundraisers Sudoku Online Casinos Canada Advertisement s Advertisement