I have written in the past about the WTHR 13Investigates series of stories about how the Hamilton Southeastern (HSE) School Board is handling the disclosure (or lack thereof) of the information surrounding the suspension of Fishers High School teacher and varsity football coach Rick Wimmer. WTHR has broadcast another story on this, which again points to my argument that local school officials need to settle this issue, because reporter Bob Segall is not giving up on this story.
One year ago, the HSE Board approved a consent agenda item, which included a long list of personnel actions. One item on that list was a five-day unpaid suspension for employee number 10042. WTHR asked for the name of that employee and school officials disclosed it was Rick Wimmer.
WTHR 13Investigates calls that a secret suspension. School officials defend this by saying there had been a previous decision to handle public disclosure of all such employee disciplinary actions by using an employee number, not a name. The school board could have been more transparent when that policy was changed. I attend nearly all school board meetings and recall no public discussion of changing this policy. Had the board been more up front in their change of this policy when it happened, board members would have a much stronger argument.
WTHR has received two advisory opinions from Luke Britt, the Indiana Public Access Counselor, telling HSE Schools to disclose specific facts surrounding this suspension. So far, HSE school officials have only responded vaguely, pointing to general school policies that were violated.
According to WTHR, an attorney representing HSE Schools has argued in a letter to the television station that disclosing any more facts about this situation would violate federal laws related to the privacy of student records. I am no lawyer, but have dealt with privacy issues in my days working for the federal government. Any names of students could be sanitized and not disclosed in any response that would meet the Indiana Public Counselor’s advisory opinion in this case. I am a bit puzzled about that assertion, unless there is something I am not understanding here.
As I mentioned before, not only is the 13Investigates team not giving up on this story, they are continuing to dig into it. As a result of a WTHR Freedom of Information Act request, HSE Schools have disclosed that over $6,000 in school funds have been paid to a local law firm in order to deal with this Rick Wimmer disclosure issue. That figure is from February to early June of this year.
This situation has already received some attention statewide, but the spotlight will once again be on HSE Schools as State Senator Mike Delph tells WTHR he is introducing a measure to clarify state law on what must be publicly disclosed when school personnel are disciplined. Delph says in the TV interview that his proposal is a direct result of the HSE Schools handling of the Wimmer suspension disclosure.
If the HSE School Board is hoping the whole thing will go away because WTHR will shy away from the legal costs of a court battle, there is news on that front. The TV station is partnering with a nonprofit group, The Reporters Committee For A Free Press, which provides legal help to journalists in situations where the organization chooses to become involved. If this dispute can only be settled in court, this highly-regarded nonprofit organization will be able to provide a lot a legal help to 13Investigates.
I have been following this story for the past year and have written some commentaries about this as well. Why am I so concerned about this situation? Allow me to explain.
This has the potential to cast our local schools in a very bad light. It is already a statewide news story. The involvement of the Reporters Committee For A Free Press, a national organization based in Washington D.C., has the potential to raise the profile of this dispute to the national level.
This is not good news for those of us that have lived in Fishers for many years. We know this is an outstanding school system with outstanding teachers and administrators. My daughters, now adults with college degrees, were educated grades K-12 at HSE Schools. They received a great education that prepared them well for the university experience.
I have a great deal of sympathy for the argument school board members appear to be making that certain employee personnel facts should remain confidential. As a former federal civil servant, I understand that perfectly.
But the law must be considered. The Indiana Public Counselor has issued not one, but two separate advisory opinions saying facts about this specific situation leading to Wimmer’s discipline must be disclosed. Public Counselor Luke Britt even went as far as granting an on-camera interview to WTHR to make his case that HSE Schools must disclose more facts about what led to this disciplinary decision.
If this is not settled, HSE Schools will be in the spotlight not about the high quality of the educational experience students are receiving here. Instead, the story will be about why school officials will not disclose this information and how much money the school board is paying in legal fees to defend this decision.
As someone that loves this community, and believes we have one of the best school systems in the nation here in Fishers, I would hope our school board will take a long look at where they are and how they got here. Let’s settle this situation with WTHR now.
Sad that the residents are also paying the legal fees to Church Church Hittle & Antrim to continue to break the law. It seems that CCHA has a few clients who break the law and they have no problem defending their right to do so.