“Privacy” as information blocking: Howell schools and union e-mails

Chetly Zarko, a Michigan citizen, filed a Michigan Freedom of Information Act request in 2007 asking for thousands of Howell teacher e-mails in order to investigate the occurence of taxpayer-funded lobbying.

The Michigan Court of Appeals determined in January that the messages are not public records under the state Freedom of Information Act, overturning a decision from a Livingston County judge in 2008.

The court’s logic is stunning, stating that the nonexistence of e-mail at the time of the drafting of the public records law confuses the issue. Although e-mail did not exist at the time, the spirit of the public records law remains the same. The Basic Intent of the law reads:

The Freedom of Information Act regulates and sets requirements for the disclosure of public records by all “public bodies” in the state.

No where is there a mention of the type of mediums this information will be created or sent through, nor does it have a paper-specific definition of “public record,” nor is there any reason to believe that new technology will confuse the law or create a need for clarification. The law is clear: public bodies must disclose public records.

The Howell Education Association teachers’ union leadership stated that the case is not an issue of open government, but one of privacy:

“We believe the protection of privacy rights is fundamental to the American way, and we were confident our understanding of the law would be upheld [...] Rights of this sort are too important to leave undefended.”

The HEA filed suit against Howell Public Schools in 2007 after the district released some of the e-mails Zarko requested. Apparently, the content in the e-mails that makes the HEA so sensitive to privacy matters relates to “union matters.”

Privacy in the lives of private citizens is important. But when it comes to employees of the state, there is no privacy—there is either secrecy or transparency. If the e-mails are to be considered private, then they should have happened outside of the teachers’ working hours and from a non-work address.

The interests of taxpayers are more important than the interests of a school union. Here’s hoping Chetly Zarko’s appeal is heard through ears more sympathetic to the public good and open government.