Hearings on Wendt records will be open, judge rules

FAYETTEVILLE — Court hearings will be open to the public on whether to release records related to the firing of former Superintendent Matthew Wendt, a judge ruled Wednesday.

Discussions during the hearings on sensitive material, however, could occur in private if the sides request it, Circuit Judge Tom Cooper ruled. The case involves Shae Lynn Newman, who claims she was the target of sexual harassment by Wendt when she worked with him at the Fayetteville School District.

She sued the district in July to prevent the release of Wendt’s personnel records

requested by the Northwest Arkansas Democrat-Gazette and others under the state’s Freedom of Information Act.

The newspaper asked for records forming the basis of the School Board’s decision to suspend and then fire Wendt.

Newman contends her personal privacy should outweigh the public’s right to know what is in the documents. She asked all hearings be closed to the public. The newspaper opposed closed hearings.

Suzanne Clark, Newman’s attorney, argued hearings should be closed so the lawyers could openly discuss the records without the discussions being a matter of public record, which would effectively nullify any opportunity to protect the privacy of her client.

“The records to be disclosed contain graphic text messages that are exceptionally personal in nature. Such information would subject the plaintiff and her family to embarrassment, harassment and could impact her employment and relationships with friends,” according to the lawsuit.

The newspaper asked to intervene in the case after Newman sued the School District. The newspaper’s motion argued it has a right to the documents and parties to the lawsuit don’t adequately represent the paper’s interests.

Cooper granted the paper’s motion to intervene Aug. 9.

Cooper previously ordered the documents and any pleadings using all or a portion of the documents be submitted to the court under seal for his review. Documents produced by the parties will be used solely for purposes of the litigation and remain confidential until the court rules on whether they should be released.

“In the event the court finds the records are releasable, the record shall be unsealed consistent with the court’s ruling, including any redactions that the court determines are necessary,” according to Cooper’s earlier order.

The next hearing is set for Friday morning.

The School District said in a filing it believes most of the documents should be made public, but wants a judge to decide.

The district said recent attorney general opinions back its position.

Newman’s suit was filed by “Jane Doe,” but she was identified in a separate lawsuit filed against her by Wendt.

Clark filed a sexual harassment claim on Newman’s behalf with the School District on March 14. The School Board unanimously voted to terminate Wendt’s contract June 18.

The board cited a breach of contract by violating district policy.

Wendt violated the policy through his derogatory and offensive conduct and communication with a female subordinate employee, according to Susan Kendall, a lawyer with the Kendall Law Firm in Rogers and the School Board’s legal counsel.