Eric Schmitt
Missouri Attorney General Eric Schmitt has filed a lawsuit alleging the Rockwood School District violated the Sunshine Law. In the suit, Schmitt says the district requested up-front fees and improperly assessed copy fees for electronic records, among other violations, in response to three requests his office made to Rockwood in late 2021.
Schmitt, a Republican running for the U.S. Senate, said in a statement that his office is suing Rockwood for not producing electronic communications about the district’s decision to publish the FBI’s link on its website to report parents following U.S. Attorney General Merrick Garland’s memo that designated concerned parents as “domestic terrorists.”
The lawsuit says the Attorney General’s Office filed a Sunshine request with Rockwood on Nov. 19, 2021, requesting three types of records:
■ Emails between board members and the FBI or DOJ.
■ Emails relating to parents who had been, or were being considered to be, reported to the FBI.
■ Emails related to how the decision was made to post a link to the FBI tip line on the district’s website.
“The Rockwood School District has not produced the records requested by my office, and instead demanded an up-front payment with improperly assessed copying fees – that’s why I’m taking them to court,” Schmitt said March 16. “Parents and students of the Rockwood School District deserve to see these public records, and I will keep fighting for transparency in Missouri’s schools.”
The U.S. Department of Justice released the attorney general’s message Oct. 4, 2021, to address “an increase in harassment, intimidation and threats of violence against school board members, teachers and workers in our nation’s public schools,” Garland said.
“Threats against public servants are not only illegal, they run counter to our nation’s core values. Those who dedicate their time and energy to ensuring that our children receive a proper education in a safe environment deserve to be able to do their work without fear for their safety.”
Rockwood interim Superintendent Tim Ricker read Garland’s message during an Oct. 7 Board of Education meeting.
Schmitt’s lawsuit claims that in addition to asking for up-front payment for records, Rockwood asked for a deposit to prepare copies of requested records even though all records requested were electronic in nature and do not require copying. In addition, the suit says the district indicated it would have the records available on or before Dec. 14, 2021, but would not assemble the documents until after the Attorney General’s Office paid the fees the district requested.
The lawsuit, filed in St. Louis County Circuit Court, asks for a declaration that the district broke the law by impermissibly demanding advance payment of fees for items or services other than copies, and that Rockwood improperly demanded payment of copying fees for electronic records.
The lawsuit does not say how much Rockwood asked the Attorney General’s Office to pay for the records it requested.
The suit says the state's open records law makes no provision for the advance payment of any fees other than the copying fees expressly allowed under 610.026.2.
The Attorney General’s Office said in the lawsuit that through its attorney, the district made clear it was knowingly and intentionally violating the Sunshine Law and expressed its intent to continue doing so by saying that because almost every request it receives purports to be in the public interest, it has adopted a uniform and consistent policy of not waiving fees.
The suit also says Rockwood has improperly retained $4,235.68 it has collected in Sunshine fees, which are supposed to be sent to the director of revenue for deposit to the general revenue fund of the state.
Schmitt seeks fines of $1,000 and $5,000 for knowing and purposeful violations of the Sunshine Law.
“We are aware of the Attorney General’s lawsuit against the Rockwood School District, but we have not been officially served with the document,” Rockwood officials said in a statement. “The district understands its obligations under the Missouri Sunshine Law and is confident it has acted in compliance. Once we are served with the lawsuit, we will confer with our attorneys as to next steps.”
The Attorney General’s Office also filed suit March 16 against the Missouri School Boards’ Association for failing to respond to a similar Sunshine Law request.
Schmitt already had filed a lawsuit against Rockwood in January over the district’s mask policy to combat COVID-19. Rockwood was one of 45 school districts the Attorney General’s Office sued about masking policies.