Some School Districts Fail Test on Public Records Act

When it comes to understanding the public’s right to government documents, local school districts need to do their homework, according to a San Bernardino County legislator who conducted a little experiment.

Assemblyman Bill Leonard decided to gauge how well local cities and school districts know the state’s Public Records Act by sending an intern to ask for the contracts of city managers and school superintendents.

The eight cities fared well; most of the 11 districts did not.

The Public Records Act guarantees the public access to those documents. People asking for the records don’t have to say why they want them, but they can be asked to pay reasonable copying fees.

All of the cities gave the intern the contracts within the required 10 days. But the intern reported that many school districts were reluctant to provide the superintendents’ contracts, Leonard’s chief of staff Janice Rutherford said.

Only two districts, Chaffey Joint Union and Central, didn’t ask why he needed them and provided them within 10 days.

Six districts asked the intern, a college student, his reason: San Bernardino, Etiwanda, Rialto, Redlands, Alta Loma and Upland. The student told them he was doing a college research project.

The Fontana district had to check on whether it could provide the document, but mailed it within three days. Cucamonga agreed to provide the contract, but didn’t mail it within the 10-day period. When the student called, he was allowed to pick it up. Colton Joint Unified School District refused to hand over a copy of Supt. Dennis Byas’ contract and still has not sent it, Rutherford said.

Byas, who subsequently got a letter from Leonard’s office, said, “We think it was just a big misunderstanding.”

On the day the district was approached by the intern, a substitute secretary was working the front desk, Byas said. Only full-time employees are allowed access to personnel files.

“The substitute looked around, didn’t find anything and said no,” Byas said.

Since then, he said, Colton school district officials have taken steps to ensure public access, including retraining all personnel employees.

“We’ve gone above and beyond,” Byas said.

At Redlands, Deputy Supt. Cynthia Andrews said she noticed the intern’s youth and asked him why he wanted the contract to ensure he was getting the information he needed, not to block his access. She also asked for a copy of his research paper when he finished.

But according to Rutherford, Andrews told the intern the district normally doesn’t make the contract available, but would make an exception in his case.

Andrews said she made no such statement.

Leonard (R-San Bernardino) said he conducted the experiment because the public’s right to access documents and examine their government is a key component of a democracy. He decided an investigation was in order after he had helped a number of constituents who had trouble with local public agencies.

“Our government only functions with a well-informed citizenry. Having access to public records is central to that,” he said. “ I think everybody is better off knowing what their government is doing.”

In all, Leonard said, he thinks cities fared better than school districts because Public Record Act requests usually go though city clerks, who are trained in its requirements.

The cities that met the test were San Bernardino, Rialto, Rancho Cucamonga, Fontana, Redlands, Highland, Upland and Ontario.

The issue of such requests has become controversial in Claremont, where City Manager Glenn Southard is trying to limit access to some documents, a move that has been strongly criticized by legal experts.