BOE refuses to turn over superintendent search documents

The Jackson County Board of Education continues to refuse to release the names of its top candidates for the superintendent’s position.

Multiple efforts by The Jackson Herald over the last week to get the top candidates’ names have been denied by the BOE. In addition, the BOE said late last week that it intended to interview its top four candidates as a full board in secret this week despite questions about the legality of such meetings.

BOE chairperson Lynn Wheeler reinterated the board’s decision in a memo to Herald editor and co-publisher Mike Buffington on Friday.

“The Board believes that it is fully compliant with the Open Records Act and its requirement to provide all documents concerning as many as three persons under consideration for employment or appointment as the superintendent that the Board has determined to be the best qualified for the position,” Wheeler wrote. “Furthermore, the Board of Education can go into executive session to interview applicants for the position of superintendent, without violating the Open Meetings Act.”

But Buffington said the newspaper strongly disagrees with the board’s position.

“It is very clear that the board is skirting the law with its actions to prevent the public from knowing who is being considering for the system’s top job,” he said. “In addition, it is very clear that current state law prevents any agency from doing interviews as a full board in secret. That was what got the City of Pendergrass in trouble a couple years ago. What’s crazy is that in 2006 when this BOE hired a superintendent, it did release the top four candidate names. But now that Mrs. Wheeler is chairman, it refuses to do that.”

In a letter to the board, Herald attorney Michael Daniel said the newspaper would take the necessary actions to get the names of the top finalists for the superintendent’s position and to stop the BOE from holding illegal full-board interviews, which are scheduled for this Thursday.

“If you have not provided the documentation as requested we will view you failure to comply with the ORA as intentional,” said Daniel in a memo to Wheeler. “We reserve the right to pursue all remedies including civil action as well as seeking a warrant for the arrest of those parties that made the decision to intentionally disregard the law.”

Buffington said the board’s internal family connections are driving its attempts at secrecy.

“A majority of this BOE have direct family members who work in the system and they’re all trying to protect their family rather than being open about the superintendent selection process,” he said. “And not only does Mrs. Wheeler have a son who works in the system, her husband is a former superintendent of the system. It’s all internal wheeling-and-dealing; the board has apparently forgotten about its duty to the taxpayers and the public.”