Amended complaint filed in FOIA fight

FAYETTEVILLE — The woman seeking to prevent the release of records related to Superintendent Matthew Wendt’s firing filed an amended complaint Thursday, asking a judge to rule her personnel records shouldn’t be released.

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. Newman was identified as “Jane Doe” in her lawsuit but was later identified by Wendt in a lawsuit he filed against her.

Newman 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.

“The requested information includes personnel records for Jane Doe, as she was the complainant and a party to the recordings and text messages related to the investigation and termination of superintendent,” according to the amended complaint. “Many of the records to be disclosed are not public records as they do not constitute a record of the performance or lack of performance of official functions that were or should have been carried out by the former superintendent.”

The complaint further argues the woman’s personal privacy outweighs public interest in the material even if it were otherwise releasable.

“It is important to note that the records to be disclosed do not deal with Jane Doe’s discipline or termination, but with her role as the victim of sexual harassment. Because her complaint involved the superintendent, whose discipline is made public, her children have already had to face questions and comments at school about their mother,” according to the motion. “Though the superintendent’s termination is unquestionably a matter of public concern, the competing interest of the plaintiff’s personal privacy should be protected by FPS.”

The complaint argues the Arkansas Supreme Court has found a substantial individual privacy interest outweighs the public’s interest in “records revealing the intimate details of a person’s life, including any information that might subject the person to embarrassment, harassment, disgrace, or loss of employment or friends.”

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.

A hearing in the case is set for this morning in Washington County Circuit Court. Judge Tom Cooper, from Ashdown, is hearing the case after local judges recused.

The School Board unanimously voted to terminate Wendt’s contract June 18.

Ron Wood can be reached by email at rwood@nwadg.com or on Twitter @NWARDW.