FCPS, Board to Address Alleged FOIA Violations in Court Wednesday

Fairfax County Public Schools officials and School Board members are due in court Wednesday to determine whether they violated Virginia’s open meetings or Freedom of Information Act (FOIA) laws when discussing the closure of Clifton Elementary School.

Their appearance in court is the result of a lawsuit brought by Fairfax County resident Jill D. Hill, who is being represented by T. Michael Guiffre, an attorney with Patton Boggs in Washington, D.C. Guiffre has not returned Patch’s calls for comment.

"It's up to the petitioner to present her evidence,” said Thomas J. Cawley, who is representing FCPS and the board and is a partner at Hunton & Williams in McLean. In addition to Cawley, the legal team defending FCPS will include firm partners Stuart Raphael and Sona Rewari.

Patton Boggs issued subpoenas for the school officials and the entire board.

At a pre-trial hearing on Friday, attorneys for the school officials and board told the judge that the Wednesday trial was inconvenient for all 12 school board members to attend.

Cawley and his team argued that it was excessive for the entire board to be made to appear in court, since most of them hold full-time jobs.

The plaintiff's attorney argued that people who serve on juries must appear in court to do their duty and that it was up to the board members to show why it would be considered harassment to come to the courtroom for the trial.

The judge compromised, and said that instead of all 12 members of the school board appearing, that only six would have to appear. The petitioner got to choose which six board members should appear, Cawley said.

The revised list of Fairfax County Public School officials and board members who will appear at the trial on Wednesday are:

• Pam Goddard, executive assistant and clerk to the board
• Sara Kolb, management technician, Communications Dept., Fairfax County Public Schools

• Paul Regnier, media coordinator, Fairfax County Public Schools
• Dean Tistadt, chief operating officer, Fairfax County Public Schools

School Board members who will appear are:

• Liz Bradsher
• Martina Hone
• Jim Raney
• Patricia S. Reed
• Kathy Smith, chairman of the school board
• Judith Wilson

Those who will NOT appear are:

• Brad Center, vice chairman
• Sandra S. Evans
• Stuart D. Gibson
• Ilryong Moon
• Daniel G. Storck
• Jane K. Strauss 

At the pre-trial hearing on Friday, lawyers for the Fairfax County Public Schools told the judge that all documents requested through FOIA have been handed over, except for those that feature information regarding confidential HR or student information. The judge was to determine this week whether those e-mails are exempt.

Patch will be at the trial tomorrow, so look for the latest information late Wednesday.