I went into Archoe after sending out my written request the night before. The agency had not yet received my written request and they brought out the business manager, Denise MacDonald to speak with me. I asked her for Form 700 and AB 1234, but she said she did not have those forms available. She asked me if I was working for Sacramento county and what interest I had in obtaining the information. I told her I had family who was interested in sending their child to Arcohe as not to reveal the audit. She asked me for my contact information and told me she would get back to me as soon as she knew more. The whole conversation took roughly five to seven minutes.

I left Arcohe and was headed back to Sacramento State when my phone rang. It was Denise MacDonald who told me she had googled my name and saw that I work for the State Hornet. She asked if I was reporting a story for them. I repeated my initial reason and told her I would have shown my press badge if I were covering the story for the Hornet. I told her I still wished to obtain the information. She said she would get it to me, but that there were better ways for to learn about Arcohe than by obtaining Form 700 and AB 1234.

The next day I received an e-mail from MacDonald who said she was communicating with someone at the Fair Political Practice Commission before I came in and had discussed my request with them after I left. She said the person from the FPPC told her she was not the “keeper” of the Form 700 and that I would have to go down to the FPPC’s office in downtown Sacramento to obtain it.

In the e-mail, MacDonald said she said she had not yet received my written request but that my e-mail was being forwarded to the superintendent and he would deal with my request for AB 1234.

The following e-mail was sent to me by superintendent Mark Cornfield regarding AB 1234:

April 6, 2009

Dear Mr. Guinn:

This is in response to your request to Lori Salfen for certain District records pursuant to the California Public Records Act, Government Code Sections 6250 et seq. dated March 24, 2009 and received by the District on March 26, 2009. For purposes of clarification, please be advised that the Arcohe Elementary School is not a charter school as indicated in your letter dated March 24, 2009. Nonethless, the District responds as follows:

1. Governing Board Meeting Agenda and Minutes (February 19, 2009).

The records you have requested will be copied and available for pick up at the Arcohe Elementary School’s main campus office on Friday, —- April 17, 2009.

2. Principal’s Employment Contract in Effect in 2008.

The records you have requested will be copied and available for pick up at the Arcohe Elementary School’s main campus office on Friday, —- April 17, 2009.

3. Records of Principal’s Cash Compensation for 2008.

To the best of our knowledge, no such records exist.

4. Records of Cash Compensation to Administrators Who Report Directly to Principal.

To the best of our knowledge, no such records exist.

5. Records of Disciplinary Action Toward Any Employee Regarding Specified Allegations of Misconduct from August 1, 2007 to Date.

To the best of our knowledge, no such records exist.

6. Most Recent Five (5) Credit Card and/or Expense Reimbursement Statements for Principal and Administrators that Report to the Principal

The records you have requested will be copied and available for pick up at the Arcohe Elementary School’s main campus office on Friday, —- April 17, 2009.

7. Litigation Settlements by District from August 1, 2007 to Date of $50,000 or More.

To the best of our knowledge, no such records exist.

8. Pre-Litigation Claims Against District from August 1, 2007 to Date Alleging Negligence, Intentional Injury, or Illegal Conduct.

To the best of our knowledge, no such records exist.

9. Expulsion Records from August 1, 2007 to Date.

Under Education Code section 49076, a school district may not grant any person access to “pupil records” without written parental consent or judicial order except under circumstances not relevant here. Ed. Code £ 49076. This statute prevails over the Public Records Act. Ed. Code £ 49060; Gov. Code £ 6254(k). To the extent, your request is for expulsion records contained in pupil records, any such records are exempt from disclosure. If you can be more specific, the District will attempt to comply with your request.

Sincerely,

Mark CornfieldSuperintendent

CalAware Reaction (Terry Francke, General Counsel):

This district, under the mistaken impression that it was not the required custodian of its officials’ Form 700s, did not produce them. The auditor, however, was required to supply his name and purpose in requesting the Form 700 information, and the district person asking this information then Googled on his name to learn his affiliation. As to other information sought, the superintendent responded that no records of staff discipline, litigation claims or settlements, or expense reimbursement claims of its own existed for the covered period (8/1/07 to date) “to the best of our knowledge”. He also stated mistakenly that the requested expulsion data (date and reason for expulsion only – no names) could not be released under provisions of the Education Code.

Jordan Guinn can be reached at [email protected].