The Midland Reporter-Telegram // May 26, 2014

District Administrator Under Fire

AG: MISD's administrator's disciplinary records are private

By Tessa Duvall  // The Midland Reporter-Telegram 

THE TEXAS ATTORNEY GENERAL’S OFFICE HAS OPINED that Midland ISD does not have to disclose the disciplinary action taken against an administrator following the theft of district devices containing confidential student information from the employee’s unlocked vehicle in January.

Thana Hussaini, assistant attorney general in the Open Records Division, wrote in a letter dated April 23 that because written reprimands are considered evaluations, and evaluations of administrators are confidential, MISD “must withhold” the documentation from the public.

The Reporter-Telegram received notice of the opinion on Wednesday.

MISD has spent more than $100,000 in the aftermath of the theft of a district laptop and external hard drive that compromised the Social Security numbers and birth dates of 14,000 current and former students. The final price tag includes legal fees, letters notifying parents and a credit protection plan for all people potentially impacted by the theft.

The Reporter-Telegram filed a Texas Public Information Act request with MISD on Feb. 3, seeking, “written or digital copies of any Midland ISD internal disciplinary report(s), findings, investigations and/or punishments for Deborah Acosta during her tenure with Midland ISD.”

The Reporter-Telegram believed the documents to be public information under Texas Government Code, Section 552.001, which states “it is the policy of this state that each person is entitled, unless otherwise expressly provided by law, at all times to complete information about the affairs of government and the official acts of public officials and employees.”

MISD officials have never confirmed that Acosta, MISD dropout prevention/recovery and at-risk coordinator, was the administrator in possession of the equipment when it was reported stolen on Jan. 23.

However, the Reporter-Telegram was able to obtain through an open records request a copy of the Midland Police Department report, dated Jan. 23, in which Acosta reported the devices as stolen from her truck.

Acosta’s truck was unlocked, and because Acosta and her husband both entered the vehicle on the driver’s side before reporting the burglary, investigators did not process the vehicle for fingerprints, according to the MPD report.

MISD Superintendent Ryder Warren told the Reporter-Telegram in February that disciplinary action against the employee in question had been handled.

“If we have an issue that comes up with this stuff, everything has to be documented and the staff member has to be written up,” he said, declining to elaborate on specifics.

Warren stood by the attorney general’s opinion, in speaking to the Reporter-Telegram on Friday.

“I feel that I have a long history of transparency with the MRT and any other media partners in regards to any school issues, but I will always protect the confidentiality of our staff and our children,” Warren said.

MISD used outside counsel, David P. Backus of Underwood Attorneys at Law in Lubbock, to appeal the Reporter-Telegram’s request in February.

In an invoice provided to the Reporter-Telegram dated March 10, Underwood billed MISD for 13 services totaling $4,585.25 in February. Two items addressed the use of public money for credit protection, and 10 addressed the Reporter-Telegram’s request and the district’s subsequent appeal to the Attorney General’s Office. The remaining item was in regards to a service animal request.

Because of the “extensive work” performed in February, Backus “provided a 10 percent courtesy discount to the general file invoice,” according to a letter attached to the invoice.

The balance due after the discount was $4,150.17.

Legal fees are just one of several multi-thousand-dollar costs the district has incurred in the wake of the laptop theft.

MISD spent $9,873.12 on the initial written notification to parents and guardians, including letterhead, printing, envelopes and postage, according to a fulfilled records request.

The board of trustees on Feb. 10 unanimously approved $90,000 in public money for credit protection for all 14,000 impacted current and former students. All current seventh-graders through high school seniors were believed to be affected, as well as graduates going back to the class of 2008. Students who moved away from the district but fell in that age range were also among those with compromised data.

The final cost of the theft comes in at $104,023.29.

MISD was unable to provide the Reporter-Telegram with the number of hours district employees spent taking phone calls, mailing letters and otherwise addressing the aftermath of the theft. MISD also could not provide the salary expense associated with these hours.

The district’s attorney, Leah Robertson, said she has not been notified of any incidents of identity theft or credit fraud related to the theft.

©The Midland Reporter-Telegram