DA denies records request

Deschutes County District Attorney Michael Dugan has denied Sisters resident Mike Morgan's request for the release of minutes and/or audio recordings related to the district's homeschool program at Sonrise Christian School (now Sisters Christian Academy).

"Legally, Mr. Morgan's request is in reality a complaint that the District has violated the public meeting law of the State of Oregon. The district attorney of Deschutes County has no jurisdiction in determining whether Mr. Morgan's complaint is valid, or if it is valid, to determine the proper remedy," Dugan states.

Dugan went on to inform Morgan that the proper place to lodge the complaint is with the Oregon Government Standards and Practices Commission.

"Because the District now has determined that the records sought by Mr. Morgan even though exempted by the Public Records and Public Meetings law will be disclosed, this office needs to make no determination as to the status of the records," Dugan wrote in a February 5 letter.

Morgan disagrees with Dugan's conclusions that the district will release the records to him. Morgan contends that the requested documents do not, in actuality, exist and that High Desert Educational Services District attorney John Witty, who represents the Sisters school board on certain issues, knew that the requested records do not exist when Morgan originally requested them.

According to Morgan, Witty has only provided documents that are available at the school district's Web site.

"In fact, I had all of them except one when I met with Mr. Witty ... on January 19, 2007," Morgan stated.

In Morgan's opinion Witty forced Dugan, the school board and staff to waste time.

"He denied my records request for legal reasons on January 24, 2007 without disclosing that the records I sought were not available," Morgan stated.

It was only after Witty denied the request that Morgan submitted his petition to Dugan.

Morgan, following Dugan's advice, has taken his concerns to Don Crabtree Investigator for the Oregon Government Standards and Practices Commission.

"Mr. Crabtree confirmed my interpretation of Oregon Public Meeting Law. The recent executive sessions violate his informal advisory and were very likely unlawful," Morgan wrote in an e-mail to school board chairman Mike Gould.

Morgan has submitted a written request for the board to develop and vote on a policy of compliance with Oregon Public Meeting Law at its special policy meeting on February 26.

Morgan has not ruled out proceeding with a civil lawsuit or filing a formal complaint with the standards and practices commission.