The official AG response to the Pencader FOIAs has been issued. It comes with few surprises.
Issue 1 - The July 2, 2012 board meeting was found to be posted in compliance with clerical error. Pencader gets a pass.
Issue 2 - Pencader concedes that its minutes do not conform with FOIA. Minutes are to be fixed and posted to the website at which time they are to be sent to the AG as well. That's a win for transparency and accountability.
Issue 3 - By far, the most important ball lands in the ball park that was requested. Pencader's July 2, 2012 meeting may have met FOIA compliance for posting; however, the AG has referred the issue of whether or not the board abided by its own by-laws when it called the meeting to order and elected new board members to the Department of Education, the State Board of Education, and any other authorizing party. The by-laws are clear - Two members do not make a quorum. Thus, it is contended that the board is not compliant. It is now up to DOE and SBE to determine what happens next.
When the AG took the unusual step of volleying the FOIA petition between all parties for additional guidance, I asked that the issue of the validity of the board be remanded to DOE and SBE. DOE and SBE had already made their interest in the particular issue in the petition clear during their last board meeting. This finding clears the path for the SBE to determine how to deal with a Charter School Board who fail in their responsibilities to appropriately govern a school. There is already a law in place that addresses this same issue for Traditional School Boards.
SBE - the ball has now been passed to your court. You're up. Let's do what is best for Pencader!
All in all - We'll take it. Moving Pencader onto stable ground is all that matters now.
Pencader Opinion 9.18.12
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