Judge finds school district violated FOI

BENTONVILLE — The Pea Ridge School District violated the Freedom of Information Act when it released a former teacher’s personnel file without first giving the woman a chance to object.

Benton County Circuit Judge Robin Green today ordered the school district to pay attorney fees and costs to Teresa Nida, the former teacher. The judge also ruled the district or superintendent Rick Neal’s violation of the law was not intentional.

George Rozzell, Nida’s attorney, said today he did not yet know the amount of the fees.

Nida filed the lawsuit in response to Neal providing her termination records to Annette Beard, editor of the Pea Ridge Times, following a Jan. 14 hearing in which her firing was upheld by the School Board. Nida claimed Neal did not give her the opportunity the law allows her to ask the Arkansas Attorney General’s Office review the documents to see if they were required to be released under the Freedom of Information Act.

Beard verbally requested documents related to Nida’s termination and emailed a request, according to the complaint. Beard asked for the termination letter and other documents pertinent to Nida’s firing, the lawsuit stated.

Neal gave Beard the documents without informing Nida.

Rozzell sent a letter to the attorney general requesting the review, but the documents already had been released.

Rozzell told Green that Nida had a right to seek a review from the attorney general or a circuit court. Rozzell said Nida’s rights were violated when the information was released without her knowledge, and she lost her chance for a review.

The custodian of the records should have held the documents until the review was done, Rozzell said. Some of the documents contained private medical information and should not have been released, he said.

Marshall Ney, the school district’s attorney, told Green the records, even Nida’s evaluation, would have been released under the Freedom of Information Act with Nida’s firing. Neal gave Nida the opportunity to resign, and the records would not have become public, but she did not accept the request, Ney said.

Nida discussed her own medical issues and is responsible for putting that information out in the public, Ney said.

Ney agreed the district had 24 hours to notify Nida of the FOI request. Ney said Nida and her attorney were in the room when Neal gave Beard the documents.

“He handed over the records in front of her and everyone in the room,” Ney said.

Green noted Nida may have seen Beard approach Neal at the school board meeting on Jan. 14, but that act did not constitute notice of the Freedom of Information Act request.

The award of legal fees and costs should act as a deterrent to the school district to not violate the law, Green said.

Nida responded in a letter denying the allegations in the termination letter.

Neal said he was disappointed in the court’s ruling, but said the school district would learn from the matter and move forward.