Dept. Of Education, Former Agency Head Must Pay For Illegally Withholding Records

CHEYENNE — One of the most significant public records court cases in Wyoming history has finally come to a conclusion with the state Department of Education and former agency head fined for illegally withholding records.

First Judicial Court Judge Steven Sharpe ruled Wednesday in a 29-page order that former Superintendent of Public Instruction Brian Schroeder, the Wyoming Department of Education and the department’s chief communications officer Linda Finnerty each must pay $700 fines for their roles in withholding public records in 2022

Sharpe ruled they acted in bad faith in not complying with legal public records requests, sometimes denying the existence of records that were plainly available and part of the requests. The requests were made in relation to a personal political event Schreoder held that was initially partially paid for with public WDE money.

During court hearings leading up to Wednesday’s ruling, revelations came out that WDE staff was uneasy about how the records requests were handled and that the agency lied about the records

“Unfortunately for defendants, there are simply too many errors and lapses; too many contradictions between defendants’ testimony and the words printed in emails and texts; and too much proof presented by plaintiffs to reach any other conclusion,” Sharpe writes in his order. “The ‘stubborn facts’ in this case plainly show that the WDE spent money on the October 25 event, and then engaged in efforts to conceal and avoid revealing those facts.”

Cheyenne attorney George Powers, a plaintiff in the lawsuit, told Cowboy State Daily the case proves there was a deliberate effort by state officials to hide that government money was used for the event.

He said the case represents the first to his knowledge in Wyoming “where any court has found that a state agency and its officers knowingly or intentionally withheld records in violation of state law.”

What Was It For?

The public records were related to Schroeder’s Stop the Sexualization of Our Children press conference held at Little America in Cheyenne on Oct. 25, 2022.

It was later revealed that Schroeder had used public money to inappropriately pay for the political rally despite earlier saying otherwise to the media.

Nearly all of this money was eventually reimbursed by private sources, but Sharpe argued this does not negate the fact it was used in the first place and pointed out by the time the event happened, none of the $2,416.34 had yet been reimbursed.

The event itself was held after Schroeder had narrowly lost his Republican primary election. Previously a Cody resident, Schroeder was appointed to his interim role by Gov. Mark Gordon about nine months earlier.

Sharpe also ruled that Schroeder, WDE and Finnerty must also pay $100 each to complainant Rodger McDaniel for nominal damages. McDaniel, a former attorney and state legislator from Laramie, filed the original public records request.

How It Went Down

After initially denying the existence of any financial records showing that WDE money had been used to support the event, the defendants eventually produced evidence that proved money had been spent on airplane tickets and lodging for out-of-state speakers from the organization No Left Turn In Education to come and talk at the political event.

A few months after the lawsuit was filed, the defendants provided more public records that included previously withheld texts and emails from Schroeder’s private cellphone, which Schroeder had originally denied access to. It was clarified as a result of the lawsuit that private record requests in Wyoming extend to these devices.

It was also revealed throughout the lawsuit that WDE senior staff had opposed Schroeder’s use of public money to support the event, with one staffer remarking that it was “pushing the ethical envelope.” On another occasion, Finnerty texted another staffer and said Schroeder did not understand the boundaries between his role as politician and superintendent.

It took until Dec. 8, 2023, more than a year after the first records request was filed, for the court to rule that the state had finally fulfilled the records request.

Throughout the case, there was little argument from the defendants that they withheld the public records. The main sticking point was whether they knowingly and intentionally did so.

Significance

Powers said this case should be considered in future legislative sessions and that loopholes should be closed in the Wyoming Public Records Act.

“Our lawmakers have some work to do to close loopholes and make the law actually work for ordinary private citizens, who don't have the time or resources to make sure agencies are telling the truth,” he said. “The WPRA needs to be amended to allow for an award of costs and attorney fees, when public servants knowingly or intentionally violate the public’s right to know.”

Leo Wolfson can be reached at leo@cowboystatedaily.com.