in Houston, Texas
Employee names involved in HISD E-Rate scandal need to be released: Attorney General
Wednesday, Jun 23, 2010, 11:11AM CST
By Lynn Walsh
Editor's note: This item corrects an earlier June item in which Texas Watchdog reported in error the attorney general's decision. Texas Watchdog regrets the error.

Three Houston ISD employees have cost the district millions of dollars after allegedly violating the ethics rules governing a federal technology program in 2006.

Who are they? Houston Independent School District says that information is confidential, but the Texas Attorney General does not agree with them.

A public records request asking for the names of the three HISD employees
accused by the Federal Communications Commission of accepting meals and other gifts from E-Rate vendors was submitted to HISD by Texas Watchdog on March 29.

HISD responded and
asked the Texas Attorney General to allow the district to withhold the names of employees because the information had been deemed "confidential under the privacy protections" of certain Freedom of Information Act exemptions. The district says the FCC has requested the names be kept secret, saying naming them would invade the fired employees' personal privacy.

In a June 16 letter, the AG's office says it disagrees and that information responsive to the request must be released:

"The Texas Supreme Court (has) stated information is excepted from disclosure if it (1) contains highly intimate or embarrassing facts, the release of which would be highly objectionable to a reasonable person, and (2) is not of legitimate concern to the public. ... We note that the submitted information pertains to current or former employees and their alleged wrongdoing in the workplace. As we have explained on many occasions, information concerning public employees and public employment is generally a matter of legitimate public interest."

The actions of these three HISD employees have resulted in unnecessary cost for the Houston Independent School District, so much so that the district fired them. Funding under the E-Rate technology program was frozen, causing the district to lose $105 million in federal funding.

E-Rate is a federally funded program that brings cut-rate telecommunications services to public schools, nonprofit private schools and libraries.

The Federal Communications Commission filed a lawsuit against the district in 2006. More than three years later, the district paid $850,000 to settle the suit with the FCC.

A subsequent compliance agreement required HISD to hire an E-Rate compliance officer, who makes $150,000 annually. HISD hired Richard Patton in February using a headhunting firm that reportedly charged $67,200.

Patton has spent hours training employees and board members on stricter ethics rules to avoid a repeat of the earlier problems. He has recommended HISD spend an additional $10,000 a year on monitoring software.

The fallout has been somewhat dizzying. But after the almost million-dollar settlement, costly staff additions and the need to purchase additional resources, we think it's a win for transparent government that the law is on the side of knowing whose actions may have triggered all this.

Lynn Walsh can be reached at lynn@texaswatchdog.org or at 713-228-2850.

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