Bakersfield Californian

7/28/03

Newspaper sues BCSD for access to files on Brothers

By CHARLES ADAMSON

The Californian has filed suit against the Bakersfield City School District to obtain records of complaints or disciplinary actions against Fremont School Vice Principal Vincent Brothers, identified as the lone suspect in the killings of his family.

The newspaper sued under provisions of the California Public Records Act after the district refused to provide any information about records it may have in its possession. The records could shed light on parts of Brothers' employment history with the district.

Brothers' wife, three children and mother-in-law were found shot to death in their Bakersfield home July 8. Since the slayings, Bakersfield police have had Brothers under surveillance.

In the weeks after the slayings, Brothers declined to talk to police under the advice of his attorney. He also has not spoken publicly.

The Californian sent the district a public records request July 9 seeking Brothers' work history, resume, complaints lodged against him and his disciplinary record.

Michael Lingo, the district's assistant superintendent of business services, responded July 14 with a letter stating that no information would be released based on public records act exemptions for certain personnel information.

Californian lawyers disagreed that the records were exempt.

On July 22, BCSD attorney David G. Miller sent a letter to The Californian along with portions of Brothers' work history previously released to the media, as well as previously unreleased job applications from 1987 and 1988. It did not provide discipline records.

The letter asked the paper not to sue.

"The Bakersfield City School District, along with every other California public school district, is laboring under severe budget constraints which have obligated it to cut millions of dollars from programs ...," Miller wrote in the letter. "We request that the Californian rethink its desire to force the district into costly litigation in order for the district to protect its rights and the privacy rights of others."

BCSD spokesman Aaron Hunt on Monday referred calls to the district regarding the lawsuit to Miller.

In a statement sent to the newspaper Monday evening, Miller wrote that he hadn't had the opportunity to examine the suit in detail and will be meeting with the school board tonight.

But he said generally the district's position is based on its obligations to protect the privacy of its employees under the state Constitution and the public records act.

He also restated his earlier position that it was "unfortunate" that the paper would force the district to spend money defending itself.

Californian Executive Editor Mike Jenner said it was outrageous for Miller to claim that the newspaper was forcing a lawsuit on the district. The cheapest and most responsible course for BCSD would be to turn over Brothers' discipline records, he said.

"There doesn't need to be a lawsuit. State law is very clear. The information we are seeking is public and should be. We're asking the court to make the school district follow the law," Jenner said. "(Brothers) is in charge of our children and as vice principal he's in charge of discipline. His disciplinary record ought to be open and available."

Lawyers for the newspaper filed the suit Thursday and served district officials with it on Monday after it was assigned to a judge. A hearing is scheduled for Friday in Kern County Superior Court before Commissioner Louis Etcheverry.

"We're moving this as quickly as we can," said Thomas R. Burke, the newspaper's attorney. "This is something we would hope that the court would resolve on an expedited basis."

Burke said in order for complaints and disciplinary records to be made public they can't be baseless or trivial.

"They have to be substantial. If they are, the public is entitled to know about them," he said.

School starts Aug. 25, and Brothers is scheduled to return to work from summer break on Aug. 5. District officials haven't said if Brothers will be reassigned.

"Nothing has been determined as far as where everyone will be assigned," Hunt said.

Brothers began working in the district as a substitute teacher in 1988. He was hired as an English and social science teacher at Emerson Middle School in 1989. In 1994, he became dean of students at Emerson and was promoted to vice principal in 1995. In 1996, he transferred to Fremont, an elementary school, as vice principal.