State ends Board investigation

ALBANY — In letter critical of Georgia’s Open Record’s Law as being too weak, the state’s senior assistant attorney general states that his office is closing its criminal and civil investigation into allegations that the Dougherty County School Board violated the Open Records Act by not turning over the names of two additional finalists for superintendent.

The letter, addressed to Dougherty County District Attorney Greg Edwards, says that a lack of financial resources coupled with the settlement of a lawsuit against the board essentially accomplished the goal the state attorney’s office typically sets for ORA compliance.

“The settlement of the lawsuit against the school board is consistent with the result this office has reached in resolving other Open Records complaints, namely that of compliance through the release of the requested documents. Since the matter apparently has been settled to the satisfaction of the concerned parties, we consider this matter resolved and are closing our file,” McLaughlin writes.

In the settlement of the suit — which was filed by The Albany Herald, WFXL-TV and WALB-TV — both parties agreed to drop the suit if the School Board agreed to abide by the law and furnish the information of the top two additional candidates who agreed to remain under consideration for the job.

But when the Georgia School Boards Association called the remaining candidates, all of them refused to be considered for the job except one, Albany State University Executive-to-the-President Joshua Murfree.

Murfree is eligible to be hired by the board as early as Monday, according to a 14-day waiting period agreed upon in the settlement.

In the letter, McLaughlin said that the Attorney General’s office appointed part-time Worth County Solicitor-General Bryce Johnson to “handle this matter.” But when Johnson, who has no resources or investigators to look at the matter, asked the GBI to investigate, the agency refused.

“Mr. Johnson wrote to the Attorney General and explained that the GBI had declined to investigate the alleged Open Records violation, presumably because they did not have the resources to expend investigating a potential misdemeanor where the maximum penalty is a $100 fine,” McLaughlin wrote. “Mr. Johnson further explained that, as a part-time solicitor-general with no investigative resources, he could not handle the case.”

Saying the Attorney General’s Office has pushed for stronger penalties to be attached to the Open Records Act, McLaughin wrote that, “compliance is the gravamen of the Open Records law, as evidenced by the fact that a proven criminal violation results in a maximum punishment of only a $100 fine.”

“As a side note, this office has long advocated for stronger civil and criminal provisions to encourage compliance with the law, but to date the law has not been changed to provide for stiffer penalties,” he writes.

The letter doesn’t reference a second possible violation of the Open Records Act when four board members — James Bush, Anita Williams-Brown, Velvet Riggins and Milton “Junebug” Griffin — failed to provide documents requested by The Albany Herald in reference to the search.

The request, which was for any and all e-mails sent or received among board members in reference to the superintendent hiring process or e-mails sent or received by finalists that were not exempted by law was fulfilled by Board Chairman David Maschke and board members Emily Jean McAfee and Michael Windom.

The e-mail threads that they turned over in response to the request from The Herald also contained e-mail communications with Bush, Williams-Brown and Riggins — e-mails that each of those three board members told DCSS Attorney Tommy Coleman didn’t exist.

The Attorney General’s Office didn’t immediately return calls or e-mails seeking comment on that particular issue.

No decision has been made by Albany Herald officials on whether to file a complaint with the Attorney General’s Office regarding the four board members’ responses to the Open Records Act request.