District 205 battles to keep unflattering letter private
By Joe McGehee
Staff Writer
The Rock River Times has attempted through the Freedom of Information Act (FOIA) to obtain a copy of an unflattering letter written by former Rockford Auburn High School Principal and current Freeport High School Principal Dr. Patrick Hardy. However, Rockford Public School District 205’s legal department has refused to make the letter public as of press time.
The letter was written by Hardy in response to District 205 Superintendent Dr. LaVonne M. Sheffield’s letter titled “Separation of Employment,” dated June 17, 2010. However, after two FOIA requests and the district’s filing of a Pre-Approval of Use of Exemption 7(1)(c) or 7(1)(f), which was denied by the Attorney General’s Public Access Council (PAC), the letter remains unread by Rockford taxpayers.
In the PAC’s denial for use of the exemption, the council stated, “The District has failed to meet its burden of establishing that the information in the Letter is highly personal or objectionable to a reasonable person and that the subject’s right to privacy outweighs any legitimate interest in obtaining the information.”
Cara Smith, Illinois public access counselor for Illinois Attorney General Lisa Madigan (D), said: “The school district’s reasoning failed the balancing test we apply to every case. They had the burden of showing that the public’s right to know is outweighed by the privacy issues at stake, and they failed to do so.”
Monday, Sept. 20, District 205 sent another notice of denial of the request stating the PAC’s ruling was “erroneous,” and that the letter was deemed a personnel matter as “Dr. Hardy specifically asked in his June 19, 2010 letter to have the letter placed in his personnel file so as to rebut the letter of reprimand.”
The Rock River Times has worked closely with the Illinois Press Association (IPA) throughout the process of attempting to obtain the letter. Founded in 1865, the IPA is the largest state newspaper association in the country, representing more than 480 daily and weekly newspapers in Illinois in matters ranging from advertising to accessing public information.
Josh Sharp, director of government relations for the IPA, said, “It appears that the school district is doing everything it can, even asserting exemptions that don’t exist under the law, to keep this information from the public.”
Rockford Board of Education President David Kelley confirmed receiving the letter, which was also sent to board members, while District 205 Chief Communications Officer Mark Bonne declined to comment on the matter because “the matter was under review with our attorney.”
Other members of the Board of Education to confirm receiving the letter included Harmon Mitchell, Alice Saudargas and Jeanne Westholder. Jude Makulec declined to comment, and Bob Evans could not be reached.
The Rock River Times filed a Request for Review with the PAC Sept. 21.
View the FOIA requests, District 205’s requests for exemptions and the PAC’s letter of denial of District 205’s exemptions at the bottom of the page.
The Illinois Freedom of Information Act, 5 ILCS 140/1, states: “Pursuant to the fundamental philosophy of the American constitutional form of government, it is declared to be the public policy of the State of Illinois that all persons are entitled to full and complete information regarding the affairs of government and the official acts and policies of those who represent them as public officials and public employees consistent with the terms of this Act. Such access is necessary to enable the people to fulfill their duties of discussing public issues fully and freely, making informed political judgments and monitoring government to ensure that it is being conducted in the public interest.”
Related documents (in sequence):
1. Aug. 18, 2010 – Freedom of Information Act Request (PDF)
2. Aug. 25, 2010 – FOIA denial (PDF)
3. Aug. 26, 2010 – 2nd FOIA Request (PDF)
4. Sept. 1, 2010 – 2nd denial, with PAC form (PDF)
5. Sept. 13, 2010 – PAC Pre-Authorization Determination (PDF)
6. Sept. 20, 2010 – District response following PAC denial (PDF)
From the Oct. 6-12, 2010 issue
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22 Comments
So, what is the school district trying so desperately to hide?
It’s good to see Joe back in the saddle and doing a great job as always. What’s the next step? The District is obviously in violation.
Thank you Joe McGehee!
Wow, what an interesting article.
Considering Dr. Sheffield’s past actions and the chain of events that led Patrick Hardy to depart from RPS205, it could be quite an interesting letter.
Perhaps the contents are being hidden due to the clause in Dr. Sheffield’s that if she is let go for ’cause’ she does not receive her golden parachute $$$.
I for one want to read this letter.
I believe every tax payer who contributes to Dr. Sheffield’s salary has the right to read this letter. Why does District 205 believe that they are above the Freedom of Information Act?
I seriously want to read this letter. Keep going, Joe. You’re doing great!
Good for you Joe! Keep the pressure on…as will we. We are turning in lots of FOIA’s as well, and will continue to do so. She definitely feels that she is above the law. We all need to work hard to get some credible people to run for the school board…people that understand that they are her boss, not the other way around. This district will forever be picking up the pieces of wreckage from her.
Hymmmmmm, interesting.
There must be some real good reading in that letter for them to want to bury it so badly. Has anyone thought of asking Patrick Hardy himself about releasing a copy of the letter. He wrote it, doesn’t that mean he owns it and it’s contents?
Maybe we need to deluge the school board with requests to read this letter?
Way to go Joe! Keep doing what you’re doing. You have a lot of support behind you. An earlier poster asked…”why does District #205 think they’re above the Freedom Of Information Act”…Dr. Sheffield thinks she’s above the law in all areas and she has 4 board members who support her…it’s tragic.
FOIA was created for a reason.
Dr. Sheffield has spoken several times about the transparency of her operations.
RPS205 is starting to charge unrealistic ‘copying charges’ to receive FOIA requests…the time and tax dollars being spent to keep this letter and other requests private is concerning.
Transparency???
An investigative reporter who can write interesting articles … in the Rockford area … what a novel idea.
Agreed Doug. Our group FOIA’d the ENI Program she brought to town last year. We were told it would cost us $2000 to have it printed…if they think these scare tactics are going to scare us away, they don’t know us very well.
I see a whole lot of talk and NO action. What are people going to DO to get rid of Sheffield??
Besides e-mailing the board. This is getting old.
Rather than deluge a school board that is challenged to get the 4 votes necessary to stop the madness…deluge Attorney General Lisa Madigan to demand RPS205 obey the law and release the letter as her office has already requested.
Contact Lisa Madigan at: http://www.illinoisattorneygeneral.gov/about/email_ag.jsp
Dione…when she has four solid votes on the Board, there isn’t much the rest of us can do besides speak up for those who have been silenced. We all need to be searching for good candidates to take the place of Bob Evans, David Kelley and Jeanne Westholder. If we can replace those 3 of the 4 running this spring, we have a chance to get rid of her.
This letter can’t be released unless Patrick himself grants permission since he is the author and owner. The letter was received (electronically and hardcopy) by several people who are not authorized or given permission to release it (board members and Sheffield).
I agree that someone should ask Dr. Hardy about his letter. He owns it, is was written by him and he could certainly have a copy. Way to go RRTimes! Keep up the investigations.
Correction: this letter can be obtained through the FOIA. The district is playing dirty.
Exactly right MH…Patrick has absolutely nothing to hide. Dr. Sheffield, on the other hand, has a whole lot to hide.
The “dictator” needs to be removed immediately and we are constantly amazed that she still remains in power. As for Dr. Hardy’s letter…why are we playing with this issue? Withholding it is illegal and immoral…bring it on! Let everyone/the Public read what the insiders have known since day one…not only does Sheffield feel she is above the law, she acts on it! What is wrong with this community…oh, I’ve asked that same question for months now! Wake up ,Rockford, while we can still salvage our School system! What is wrong with these ridiculous board members! Rockford, Unite! Come on, Dr. Hardy, share your letter with us! You are a respected, intelligent former member of our community…we miss you!Let’s hear it!
I was thinking of going to the school board meeting tomorrow concerning the cancelling of honors classes and the like. I guess I could ask for the letter too. Anyone else coming? I hope some people show up.