By Tim Gardner
Since the start of the current 2023-2024 school year (for students) on August 14, the Avery County Board of Education has received thirteen requests for public records that has resulted in thousands of pages of documents being distributed to those making the requests, according to Schools Superintendent Dr. Dan Brigman.
Public records are documents or pieces of information that are not considered confidential and generally pertain to the conduct of government.
Generally, a public record is a document filed with or kept by a city, county, state, or federal government agency in the ordinary course of business that is viewable by the public. Although public records are often financial or related documents, they can also be such things as maps, recordings, films, photographs, tapes, software, letters, and books.
By federal and State of North Carolina law, any person has a right to request any information from any government entity that is deemed public record. And any such entity is required by law to provide such requested documents and could endure stiff legal consequences if those public records requests are not filled and in what a judicial system would consider a timely manner.
Dr. Brigman declared that school system public record requests have not only increased in number from past years, but have also been much more complex to fill.
The requests have been expansive, with filers seeking what Dr. Brigman said were a total of approximately 25,000 pages of school public record documents, all of which must be carefully reviewed for student and employee personal information to make sure they are in compliance with federal privacy laws before being given to those requesting them. Records may be exempt from public disclosure under certain circumstances, like if they would result in an unnecessary invasion of an individual’s privacy or if they relate to a classified security matter.
The public records requests have been from parents, general community members, some representing education advocacy groups, and the Avery Board of Commissioners— all of whom indicated they wanted information about such topics as how local children are educated, details about certain individuals hired for school system jobs, and how taxpayers’ money provided to the school system is being spent.
Dr. Brigman added that these public records requests have cost the school system “tens of thousands of dollars” to process due to staff labor of employees having to compile the records and then process copies and give them to the individuals or entities requesting them. He noted that one recent public records request by an individual took around two weeks to compile and then process as it contained 20,000-plus pages of documents.
But Dr. Brigman said that the Board of Education, which governs the local Avery public school system, its members, and all local school officials, including himself, will always fill public records requests.
He added: “Myself and our other school officials will work with the public and follow all federal and state regulations as it’s part of our jobs. We’re totally transparent. Our school system is efficient, effective, and has received clear audits for the past several years.”
At the Board of Education’s last meeting on December 12, its attorney Chris Campbell, addressed public concerns about recent freedom of information requests received by the school district.
The Avery County Board of Commissioners formally requested public records information last fall from the Avery Board of Education to disclose how funding provided by the County to the school system has been specifically appropriated and/or spent.
At the time of the public records request the commissioners were: Chairwoman Martha Hicks, Vice-Chairman Tim Phillips, Dennis Aldridge, Wood Hall (Woodie) Young, Jr., and Robert Burleson.
All of those still serve on the county commission, although Phillips is now its chairman and Aldridge is now its vice-chairman.
Upon authorization by the commissioners, the public records were requested in correspondence (both via United States Mail and email) dated August 25, 2023 by Michaelle Poore, attorney for the County Government, to Dr. Brigman.
Those public records requested were:
1-A list of all hourly and salaried employees indicating total compensation, including any bonuses, supplements, and any other compensation. This would exclude the employer’s obligation for Social Security and Medicare payments.
2-Any reports showing line-item budgets or budget items
3-Detailed reports for all revenues and expenses, by line items
4-All capital expenditure reports
The Board of Education met in a special meeting on August 31 to discuss complying with the public records request.
All four of its members were present at that meeting, including: Chairman John Greene, Vice-Chairwoman Kathey Aldridge, Pat Edwards, and Randy Singleton. And each still serves on the Board of Education. However, the Board of Education—like the County Commission—normally has five members, but the other Board of Education seat has been vacant and not filled since Ruth Shirley resigned as a Board member in June, 2022.
Other school system officials present at the special meeting included: Dr. Brigman, School System Chief Financial Officer Faith Cope, and Campbell.
Hicks told High Country Press at the time of the public records request that she and her fellow-commissioners all agreed to make the public records request because “we want an itemized list of how all funds provided by the county government to the school system are being used as we are stewards of the taxpayers’ money because we appropriate it to agencies and causes, and all taxpayers deserve to know how their money is being spent.”
She added that the Board of Commissioners, County Manager Phillip Barrier, Jr., Dr. Brigman, and the Board of Education “have a good working relationship and are very respectful of each other.”
Greene gave High Country Press the following statement about the public records request when it was made: “The Avery County Board of Commissioners submitted a request to the Avery County Board of Education for some financial information. After talking with the County Commission’s attorney, it is our understanding that the request was for nothing specific, but more of a general nature. As always, the Avery County Board of Education is responding promptly with the request. Our finance office is compiling the information to give to the commissioners as quickly as possible.
“Our most current and previous audits are readily available (to anyone who desires to see them) and are exceptionally clean. I would like to thank our finance department for the many staff hours required to comply with the request, while at the same time working diligently at a critical time of the year to ensure our day-to-day financial concerns are taken care of. We appreciate our good and ongoing working relationship with the Avery County Commissioners.”
Barrier, Jr. said that public records request was filled in a “timely and satisfactory manner.”
Government entities such as a Board of Education/Public School System can charge those requesting public records modest fees if they are printed out to help offset costs of printing ink and copying paper and for other expenses such as postage and shipping supplies if they are mailed.
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