Fairfield City Schools Needs to Do a Better Job With Ohio's Publc Meetings Law

We found some very interesting things today with a little patience and research. As you saw a few moments ago, we pointed out the fact that Fairfield City Schools had yet to post the 2016 meeting schedule for the Board of Education. We have since found a few other inconsistencies on the district's web page as it relates to Board of Education meetings that could lead some people to believe Fairfield is dangerously close to running afoul of Ohio's Public Meetings law.

We'll provide links below to everything we're citing here.

First, we'll reference Ohio Revised Code 121.22; the Public meetings law. Among other things, the law states in Section C:

"The minutes of a regular or special meeting of any public body shall be promptly prepared, filed, and maintained and shall be open to public inspection. The minutes need only reflect the general subject matter of discussions in executive sessions authorized under division (G) or (J) of this section."

We direct your attention to the meeting minutes portion of the Fairfield City School District website.  We would like to point out a few inconsistencies.
Firstly, as you can see, the meeting minutes for the October 15th Board of Education meeting have not been posted on the district's website.  Why not?  We notified Fairfield spokesperson Gina Gentry-Fletcher of the absence of the minutes from the district website on October 21st, 2015.  As you can see from the e-mail exchange below, we were assured the meeting minutes would eventually be posted:

So why are we here on January 25th, 2016, and the minutes from the October 15th, 2015 Board of Education meeting are not posted on the district's website?  It is a legitimate question.  So where are the minutes?

We're certain the absence of the meeting minutes from October 15th has absolutely nothing to do with the large, vocal crowd that attended that evening's Board meeting.  You can read more here about the 150+ people showed up to demand action, change, accountability, and transparency about the horrible bullying problems in Fairfield City Schools.  You can watch the video of the numerous brave speakers who turned out that night to condemn the district's pitiful handling of bullying:

We have also found some inconsistencies with several of the Board meeting minutes that were actually posted from 2015.  For some of last year's Board meetings, when speakers chose to address the Board during open communication time, the individual citizens and the topics they spoke on were identified specifically.  You can see this in the March 19th, 2015, July 13, 2015, and May 21, 2015 Board meeting minutes.   Please feel free to click on the meeting minutes for the dates we're citing on the district's page.

Yet, for the Board meeting minutes from November 19th and December 17th, where many speakers chose to address the Board about bullying, the individual speakers and the topic of their respective remarks are not identified.  Why?  What changed?

More importantly, no mention was made of the concerns citizens brought before the Board of Education at the December 17th meeting regarding the inappropriate playing of the song "Another One Bites the Dust," in regards to a staff meeting at Fairfield Middle School, where a topic discussed was Emilie Olsen's memorial vigil.  You can watch a video of concerned citizens mentioning this incident here:

Yet these remarks - made in a lawful, open public meeting - did not get mentioned specifically in the Board of Education meeting minutes for December 17th, 2015.  Why not?  

 

A cynical person, suspicious of the district's motives, might well conclude that it is trying to conceal the true revulsion and ire the community has expressed for the way Fairfield City Schools has conducted itself in the months since Emilie Olsen's tragic loss.  You're free to think whatever you like.  The only things we know are that Ohio law calls for a transparent communication of minutes for lawful public meetings, and the district has yet to post those records for October 15th, 2015 on it's website, where most of those records are generally posted and available to the public.

There may be very plausible, reasonable explanations for why the Board meeting minutes for October 15tth, 2015 have yet to be posted.  There may be perfectly reasonable answers for the vague summaries in the minutes as it relates to the public comments portion of the last few Board of Education meetings.  If so, we would welcome clarification from Fairfield City Schools. 

Section F of the Ohio meetings law states:

" Every public body, by rule, shall establish a reasonable method whereby any person may determine the time and place of all regularly scheduled meetings and the time, place, and purpose of all special meetings."

The most widely used method that Fairfield City Schools has established for communicating the time and place of Board of Education meetings appears to be the district's website. If this is a misunderstanding on our part, then we apologize, and would be interested to know what the primary method for communicating the meeting schedule is.

Section I of the Ohio meetings law states, in part:

"(1) Any person may bring an action to enforce this section. An action under division (I)(1) of this section shall be brought within two years after the date of the alleged violation or threatened violation. Upon proof of a violation or threatened violation of this section in an action brought by any person, the court of common pleas shall issue an injunction to compel the members of the public body to comply with its provisions. (2)
(a) If the court of common pleas issues an injunction pursuant to division (I)(1) of this section, the court shall order the public body that it enjoins to pay a civil forfeiture of five hundred dollars to the party that sought the injunction and shall award to that party all court costs and, subject to reduction as described in division (I)(2) of this section, reasonable attorney's fees."

We would hate for it come to pursuing legal action to get the district to publish the Board of Education's meeting schedule for 2016, or the meeting minutes for October 15th, 2015, in it's usual location on the district website.  We certainly do not have the time and resources for all that.  Someone else may have the time to go to court to get that accomplished however.  But we do not, and would not encourage anyone to do so, even though a lawyer or judge might find all this very interesting indeed.

As usual, by not simply doing the right thing all along as they should have, Fairfield City Schools once more find itself as the object of suspicion.  Fairfield City Schools finds itself once more acting much like an organization with something to hide. 

For the record, we don't actually think the district broke the law here.  We actually don't even believe Fairfield City Schools is up to no good in this instance.  We believe the absence of the October 15th Board meeting minutes is probably an accident.  However, the law states that the public meeting minutes need to be available, and those for the October 15th, 2015 session are not posted where one would generally locate such records.  The district needs to clarify or remedy this situation.

By virtue of the way Fairfield City Schools has conducted itself with the community for years, and particularly in the horrible way it has handled the Emilie Olsen tragedy, the district has lost the benefit of the doubt with the public.  The district's misconduct and actions of thoroughly bad faith this past year or so have forced everything Fairfield City Schools does under the microscope of skepticism and doubt.  The district has only itself to thank for that.  We will eagerly await their explanation about these inconsistencies regarding public meetings and minutes documentation with an open mind.

You must maintain vigilance and watch your local school district carefully.  Not just Fairfield City Schools.  All districts must be accountable to a public that is ever mindful of what is going on in their schools.  You also have a duty to be reasonable and understanding for the challenges faced by our educators today. 

View Our E-Mail to Government Transparency Group Watchdog Wire

Check out our e-mail to the transparency group, Watchdog Wire.

Dear All -

We're a group of activists in the northern Cincinnati suburb of Fairfield, Ohio.  We organized after the tragedy of Emilie Olsen.  We have a Facebook page featuring lively debate and networking center for frustrated parents in our community.

You may have heard of Emilie's story.  Emilie was a 14 year-old student who committed suicide in December 2014.  Her friends and family claimed she was bullied to death.  Fairfield City Schools and local police denied this claim.  However, local media reports uncovered in May 2015 documents proving the district was notified about the bullying.  You can read more about that compelling WCPO story here.

Since the story broke in May that Fairfield City Schools was less than honest in Emilie's case, others have stepped forward to relay their own stories of bullying in the district.  One even tried to commit suicide herself, according to this news story.  We have helped to even organize large crowds for Board of Education meetings to let the district know how upset we are about the issue of bullying in our schools.

Against this backdrop of activism, we contacted Fairfield City Schools by e-mail on July 30th, 2015, and requested the district e-mail activity for the accounts of several employees.  We requested e-mails for certain dates that were key in Emilie's case, and would substantiate the claims of her friends and family that school officials were notified about the harassment she was enduring.  We can forward you this note, if you would like. 

We have attached an Excel spreadsheet detailing what records we requested, and what has actually been provided.  As you can probably see, very few of the records we requested have been provided to us in the nearly 6 months since we filed the request Under the Ohio Open Records Law, §149.43 et seq .

Since our records request was filed in July, Fairfield City Schools has been sued in federal court by Emilie's parents.  You can read more about the story here. In addition to suing the school district, the Superintendent, Board of Education, and several administrators and staff were named personally in the suit.  The case has yet to go to trial.

We have no idea what is taking so long for the district to fulfill our records request.  A cynical person might think the district is purposefully obstructing our ability to review these public records because they are afraid what the e-mails may reveal while they are facing pending litigation.  From our reading of the open records statute, it makes no provision that would allow the district to refuse our request, even if it means negative publicity during a lawsuit.

Our purpose in writing you today is to let you know what we're experiencing in dealing with Fairfield City Schools.  We would also appreciate any advice you might be able to offer.  Our next step is going to be to inform the State Board of Education, Federal Department of Education, and the Ohio Attorney General to see if they can assist us in getting Fairfield City Schools to comply with the law. 

Thank you for your time and attention.

Emilie's Story, Part 2: December 2014

In our last post, we introduced you to Emilie Olsen's story.  Hers was a young, beautiful life cut way too short.  Bullying was a factor that contributed to Emilie's tragic decision to take her own life.  Her story has taken a lot of twists and turns in the 13 months since her passing and has spawned community outrage, action, and a call for change and accountability at Fairfield City Schools (Ohio).  We're going to chronologically go through her story in a series of posts to let you know what has taken place over the past year in this story.

Emilie Olsen took her own life on December 11, 2014.  There is always something wrong when a young person's life ends so abruptly.  Almost immediately, her friends and family knew this terrible act was something that only very dark and painful factors could have driven Emilie to.

Within days of her death, Emilie's friends and family began to piece together what had happened.  They didn't have the proof or any documentation at that point, but those close to Emilie knew that bullying she endured at Fairfield City Schools may have been a factor in her decision to take her own life.  A firestorm among local parents, news media, and social media soon began as rumors and reports about what role bullying may have played began swirling around the community.

Questions soon were asked about what, if anything, Fairfield City Schools knew about the bullying and when it may have known. Some reports even indicated that the bullying took on a racial tone, as Emilie was adopted from China.

Multiple local news media TV outlets reported on the controversy in late December 2014:

Local print media also reported on the story.  The Cincinnati Enquirer ran a story on December 16th, 2014, questioning whether any possible bullying of Emilie took on  racial overtones.  According to the Enquirer, neither the district or police found evidence of bullying.

Gina Gentry-Fletcher, spokeswoman for Fairfield Schools, said "this is a tragic situation for the family members, classmates and staff, and we are keeping all of them in our thoughts."
Fairfield school officials made grief counselors available Friday and Monday to Middle School students, said Gentry-Fletcher.

"Unfortunately there have been many rumors and misinformation about bullying in regards to the tragedy," she said.

"The middle school administration was advised of previous concerns regarding bullying (in elementary school), however the district believed the issue had been resolved to the complete satisfaction of the family," said Gentry-Fletcher.

Against this backdrop of rumors, denials, and accusations between the Olsen family, community members, and the school district, came the report from the Journal-News that district officials had visited the Olsen home with police a few days after Emilie's loss.  The Olsens felt intimidated, and stated that they were being told to quit "stirring the pot."  District officials later claimed it was all a coincidence that police and the principal of Fairfield Middle School showed up at the Olsen home together.  The community didn't buy that explanation from the district and was incensed.

The Journal-News also reported on an anti-bullying protest organized by the friends Emilie left behind.  Her harassment appears to be something universally agreed upon in December 2014, with the exception of Fairfield City Schools.

Emilie's story even grow to become worldwide news.  She was a topic in the Daily Mail in the United Kingdom.  Bullying and Fairfield, Ohio were quickly becoming known internationally.

As controversy continued to engulf Fairfield City Schools, Superintendent Paul Otten released this letter to quell the public furor:

In this letter, Mr. Otten essentially denies that Fairfield City Schools had any knowledge that bullying may have been a factor in Emilie's case.  More importantly, Mr. Otten takes to task anyone inside our outside the community for so much as daring to ask questions or form an opinion contrary to the district's official account of what happened in Emilie's case. 

And at this point, the holidays kicked in for 2014, and Emilie's case seemed to sadly fade away when 2015 began.  Her case would remain dormant until May 2015.  We'll take up that part of the story in our next post.

Hello World! Join Us in Saying Shame on Fairfield City Schools (Ohio)

Imagine you're sitting peacefully in your home on any ordinary Thursday night.  Things are going OK in your little world and life.  Not great.  But not bad either.  Christmas is just two weeks away, so there's that to look forward to.

Then suddenly you're startled by the loud crush of a gunshot that comes from an upstairs bedroom.  You rush up the stairs, tripping halfway up the steps in a panic to see what just happened.

Maybe it was just a mishap.  Maybe nothing's wrong more than an easily patched hole in the drywall.  Maybe everything will be OK.

You're running down the upstairs hallway scanning bedrooms quickly with your eyes wide open in adrenaline-soaked fright.  You start calling out the names of your children.  Where did that shot come from?

Then you see the bedroom door to your daughter's room still closed firmly, and nobody answering you.  You fling the door open to see the awful confirmation of what you already knew downstairs when the blast first rocked your home and ended life as you knew it.

Your thirteen year-old daughter was dead.  Her beautiful, promising, young life cut short.  Plucked for a flower in the Master's bouquet.

How could this be?  She was thirteen years old.  How did this happen?  Maybe it's all just a nightmare.

Luckily, for you and me and the vast majority of people reading this, that story was just a nightmare.  We're not really sure about the details of what happened that terrible day.  Maybe the tragedy didn't take place like this.

Our little story may be viewed as a work of fiction that should make you hold your dear ones more closely, and shiver with fear as you tell that feeling in the pit of your stomach 'let's hope it never happens to me.'

But for the Olsen family in the Fairfield City School District (Ohio), that story was not just a made up nightmare.  No, their nightmare began December 11, 2014 with the horrific incident we just described above.  The immeasurable pain they will have to bear now for the rest of their lives began the moment their daughter Emilie left this Earth.

How did it happen?  Why?  What could make a teen's life so horrible that she would decide to take it?  What can we all do to prevent tragedies like this in the future? 

The answer to those questions is why this blog was started.  It's why we have a Facebook group with 650 followers and growing.  It's why we are here.  It's why we want you to join us on this journey.

If you're starting to think to yourself that you recognize this story and Emilie Olsen's name, you're probably correct.  It's been all over national and international news for the past year.  Every newspaper from the nearby Cincinnati Enquirer, to Germany's Der Spiegel, to Cosmo magazine, Good Morning America, and even Chinese media have covered Emilie's story.

Emilie was a thirteen year-old girl who committed suicide a little over one year ago.  One of the primary factors which drove her to this sad outcome was relentless bullying at Fairfield City Schools (Ohio).  In the days following her loss, Emilie's parents attributed some of the blame for her death to bullying.  Officials at Fairfield City Schools denied that evidence existed to prove bullying was a factor in the tragedy.

Six months later, a local TV news station aired a blockbuster story and revealed documents that cast grave doubt on what Fairfield City Schools was saying about bullying and Emilie's loss.  The community has since become engaged and active in support of other bullying victims.  A federal lawsuit

In the coming weeks, we'll be posting several news stories widely available on the internet.  We'll be starting a conversation with the whole world about Emilie's story.  We invite you to be part of it.

Emilie's tragedy is gripping and compelling because we can all relate to her story so much.  Most of us were bullied at one time or another in our lives at school.  Some of us probably bullied others at some point too.  Maybe your parents, like Emilie's, or even you yourself now as a mom or dad are trying to get the school to address the bullying and keep your child safe while in their care.

But in Emilie's case something went horribly, tragically, unforgettably wrong.  That's why this group is here.  Our activist group is here to raise awareness about Emilie's case.  We're here to demand accountability, change, and transparency in Fairfield City Schools.  We're here to help you in your own community form activist groups if that's what it takes to make school officials serving your children to take the bullying epidemic among our young people seriously.

#justiceforemilie