Public vs. private at heart of Jeffco schools battle

INTRO:On Feb. 10, the Jefferson County School District received a CORA (Colorado Open Records Act) request from Kathy Littlefield requesting the names of all teachers who called in sick from Standley Lake, Conifer, Golden and Jefferson High Schools on Sept. 19 and 29, 2014.Upon hearing of this request, Jefferson County Education Association executive director Lisa Elliott spoke with legal counsel seeking advice, as it was the union’s interpretation that the release of personal information from teachers’ personnel files was a violation of CORA. The union then sued the district and is seeking an order restricting the district from releasing those names.On Sept. 19, several teachers at Standley Lake and Conifer high schools called in sick, causing the closure of the two schools for the day. Ten days later, on Sept. 29, a similar situation arose with the teachers at Golden and Jefferson high schools, prompting the district to shut those institutions down for the day.”We did not organize these so-called sickouts,” Elliot said of JCEA’s knowledge of the Sept. 19 teacher sickouts, during her testimony on May 15. “We didn’t condone them, but we did hear rumors of them. I think there are a combination of people in this list, and I think the list wouldn’t have made the distinction — I think the district doesn’t even know the distinction.”Side 1 (JCEA, PLANTIFF): During their presentation, Sharyn Dreyer, legal counsel for JCEA with the Colorado Education Association, asked the court to find in favor of the union, citing the CORA request as a violation due to the possible release of specific personnel information, such as a home address and phone number, which is exempted from this statute. She went on to argue that taking a sick day didn’t constitute a compensation issue, because the information that would be provided doesn’t state the compensation given for the day. She stated this issue is around how the employee used the benefit, rather than the benefit itself.She also stated the list of employees doesn’t differentiate between those who were protesting the board of education’s actions and those who were legitimately sick.Side 2 (Jeffco, Defendant): In opposition, lawyer Stu Steller that his client was placed in the middle trying to decide whether Littlefield (the CORA requester) or the union was in the right.He argued that the CORA request is legitimate and doesn’t violate the personnel information because it’s a matter of compensation from the sick leave benefit. Steller went on to say the CORA statute doesn’t specifically mention the protection of privacy, that the release wouldn’t cause harm to those teachers on the list, which is presented with their last name followed by their first initial.If no privacy interest can point to harm, than it doesn’t constitute a privacy interest, he said.Next steps: Over the next few weeks, Judge Christi Phillips will issue a written order with the decision from this hearing. Kris Gomez, counsel for JCEA, requested to submit a brief seeking time to submit an appeal, in case of a ruling against JCEA. That brief will be submitted by May 29, with a subsequent brief from the district’s counsel issued no later than June 5. Phillips stated the parties could expect a decision in early June.