Florida School Board Problems - Can I do this?

[Glass Apple]

What is the name of your state (only U.S. law)? Florida

Hello

I need some advice, but first a little bit of a background:

I worked for a Florida county school district. They have 5 school board members (elected, of course), and the school board members appoint the superintendent. From my perspective, they all appear to be deeply enamored with one another.

I was in a low level job, one person.. in one school, in one corner of the county and I cannot BELIEVE the money that I saw them waste, and I have very good verifiable examples. Couple that with their arrogance, cronyism, nepotism and on and on, and let's just say it was bad. As an employee.. they would give you no respect as a taxpayer or as a parent with a child in their school system, you were simply not to ask any questions when it came to the way in which they were spending money.

One wild example, I watched a person from their facilities department walk on to a high school campus and spend somewhere between $35,000 - $40,000 to fix a "problem" that I could have resolved for $10.00 (yes, that's 10 dollars) and I can prove it. How about watching them spend $137,000 for an outside contractor to design a website template.. after hiring a "Web Developer". apparently they needed a Web Developer to oversee an outside contractor?

After nearly seven years, I wanted to ask questions of them without fear of repercussions.. and they do keep score. So I resigned and here I am. I have the time, I have the desire, and luckily I have a wife that supports me.

I formed a non-profit Florida corporation, more to lend some legitimacy.. and I will NOT ask for money or donations, but I would like to ask for volunteers. I would like to ask tough questions of the school board, I would like to educate the public on how they are spending our money.. and I would like to force some kind of financial accountability on their part.

I'm just getting started with all of this, but I see already that they will throw roadblocks.. or simply not answer me.

For anyone that may know, does this look like an accurate summary of how a school board in Florida must conduct themselves as it pertains to records requests?

http://www.manatee.k12.fl.us/departments/cpr/Community/pdfs/Public%20records%20article%20093009.pdf

They are already apparently stalling as I'm trying to get an answer to who the "Custodian of Record" is.. to request email transcripts.

What do I need to be careful of, what are they obligated to answer.. if anything? At this stage.. I can go in any direction with the non-profit, should I consider a non-profit publication.. are they then obligated to answer questions presented by a "reporter"?

What are my rights, any advice on strategy.. or does this all sound hopeless?

Any help is appreciated!

Paul

 

[Zigner]

I would suggest that you retain an education law attorney. Your quest is too complex for an internet forum.

 

[Glass Apple]

Yeah.. I guess that came across as wanting a little much.

I'll take some some general hints, gotchas, or guidelines, though!

 

[ecmst12]

Too many to list. Your biggest issue will be to avoid getting sued for slander/libel if you start publicizing/publishing your accusations when you seem to have no proof.

 

[LdiJ]

Yeah.. I guess that came across as wanting a little much.

I'll take some some general hints, gotchas, or guidelines, though!

Let me give you an example of how what you want to do can go wrong.

40 years ago my father was president of our school board. A younger man decided that he wanted to enter into politics, so he decided to make a really big deal out of affirmative action in our school system, as kind of a stepping stone. At the time our school system had a diverse employee base, that was proportionally equal to the diversity of the students. The younger man made a big deal out of the whole thing in the media in the week leading up to the school board meeting. He stood up at the school board meeting and made a motion to discuss affirmative action.

My father asked if there was a second to the motion. No one responded. My father then stated that the motion failed for lack of a second, and the meeting went on without a discussion of affirmative action. Needless to say the younger man never made it in politics.

If you are going to do what you plan to do, you need to make sure that you are actually prepared to do so, with someone there to be a second (in fact several someone's there to be a second) and you have to do your homework to be certain that you have your facts correctly.

 

[csi7]

I will also add to this, an important caution, before proceeding any further, check out the state requirements for education to review as well.

This was an important part of my research and helped me to resolve a serious situation at the lowest levels once I was able to show proof (valid, documented, unbiased) that working with me would be less problems all the way around.

 

[tranquility]

Just on the open records issue, California has an open records act. But, school districts and other government agencies HATE being looked at. What result?

http://www.latimes.com/news/opinion/commentary/la-oe-newton-column-public-records-20121015,0,1592252.column

 

[Glass Apple]

Let me regroup.. and be a little more pointed.

I'm probably thinking more of a website when I say "publishing".

1. Can I publish the questions I ask of School Board members etc. along with their answer.. or publish the fact that there was a the lack of an answer?
2. Is there any obligation on the part of the school board to answer questions made by a private citizen?
3. Is there any obligation on the part of the school board to answer questions made by a non-profit "Watchdog Group" for the lack of a better title?
4. As either a private citizen or member of a non-profit "Watchdog Group", do I have the right and does the school board have a legal obligation to provide email transcripts that I request? (tranquility note: Florida limits the amount that can be charged to 15 cents per copy).

csi7: Can you elaborate on this a little further? - Check out the state requirements for education to review as well. I'm not sure I follow what you mean.

ecmst12: I would limit myself to using only the already published minutes of school board meetings etc. with supporting documents. I can't see where there would be a chance of crossing the line into slander/libel. They are providing the proof.. I'm not simply making accusations here. Again.. I would like to ask tough questions of the school board, I would like to educate the public on how they are spending our money.. and I would like to force some kind of financial accountability on their part. Am I missing an important ingredient here.. that you see and I don't?

Example.. when I said ".. watching them spend $137,000 for an outside contractor to design a website template.. after hiring a "Web Developer". I have the supporting documents.

Paul

 

[OHRoadwarrior]

I would hit them where it hurts. Facts being released at their reelection time.

 

[LdiJ]

I would hit them where it hurts. Facts being released at their reelection time.

I agree. You would likely have more success if you make it part of the election process. Otherwise, you are going to get held up in proceedure.

 

[tranquility]

1. Yes.
2. No.
3. No.
4. It depends on what the record was. The cost in the statute is irrelevant as the penalty was for the lawsuit and malicious prosecution for his "frivolous" claims. The point being, if you ask and they deny, you have to go to court to enforce the statute. In the news article case, the judge found the requester in the wrong and made him pay the legal costs to defend from the requests.

 

[Glass Apple]

tranquility:

I may still not be clear..

The only way I would be making claims is after the fact, and only if something in the copies of the requested emails would warrant it. In Florida.. you do not have to give a reason when requesting documents, emails, etc. In fact.. you do not even have to tell them who you are, supposedly. In other words.. I would not be subject to a lawsuit or malicious prosecution for frivolous claims, would I?

 

[tranquility]

tranquility:

I may still not be clear..

The only way I would be making claims is after the fact, and only if something in the copies of the requested emails would warrant it. In Florida.. you do not have to give a reason when requesting documents, emails, etc. In fact.. you do not even have to tell them who you are, supposedly. In other words.. I would not be subject to a lawsuit or malicious prosecution for frivolous claims, would I?

I agree. Such a problem only arises if you try to enforce your requests after they deny them.