The Temple school board intends to select a sole finalist and hire that person 21 days later, as opposed to multiple finalists. While the law allows for a sole finalist, Carroll Wilson, Telegram managing editor, believes the intention of the law is to allow the community sufficient time to vet all five candidates being interviewed for superintendent.
“The Telegram has asked for the names because the public has a right to know who is being interviewed to become superintendent of schools,” Wilson said Thursday. “State law recognizes the public right by requiring school boards to name their finalists. It’s disingenuous of the school board to argue that the five people they intend to interview aren’t finalists simply because they’re not using the word ‘finalists’ to describe them. Common sense says, of course, they’re finalists.
“Particularly given the problems the school board has had in the past in the selection of and the retention of superintendents, this process should have been as transparent as possible. And now is the time for the board to live up to the letter and the spirit of the law by being as open as possible.”
School board president Steve Wright said the board is following the law and the confidentiality of the process helps bring in higher quality candidates.
“We are choosing to go with a sole finalist because we have concluded that we are doing a closed application process, to ensure the quality of the applicants we receive and protect the anonymity of the applicants,” Wright said. “Circumstances are such that those people that are actively working in districts and enjoy that experience do not wish to expose that they are applying for other jobs to their home districts.”
Choosing a new superintendent is one of the major jobs of a school board besides determining school district policy and he said he is confident that this board is qualified to choose the best superintendent possible.
Section 552.126 of the Texas Government Code states: “The name of an applicant for the position of superintendent of a public school district is excepted from the requirements of Section 552.021, except that the board of trustees must give public notice of the name or names of the finalists being considered for the position at least 21 days before the date of the meeting at which a final action or vote is to be taken on the employment of the person.”
School districts across the state have used the language of that law to protect the identity of applicants and it is a disservice to the people, said Katherine Garner, executive director of the Freedom of Information Foundation.
“Unfortunately, it is the rule that they only have to release their finalist or finalists,” Ms. Garner said. “Technically, they don’t have to get down to a sole finalist, but most school districts are going down to a sole finalist and that is how most school districts are getting around (releasing multiple names). It’s standard practice now, unfortunately.”
She said this is a loophole the foundation will lobby to close during the next legislative session.
“It’s not right, these are their finalists,” she said. “When you release one name then nobody has a say about who it is. The whole point of the law is that the public needs to know who they are looking at and what the choices are.”
The school district has 10 business days to provide the requested information or send a letter to the state attorney general’s office stating the exceptions to the Public Information Act they believe are applicable.
Within 15 business days of receiving the request, the district must send the attorney general its arguments for withholding the information requested.
The 10 business days will be up April 3.
