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    Tuesday, April 23, 2024

    NFA, stop blocking release of public information

    After his board of trustees concluded he bore no responsibility for a part-time coach allegedly getting away with having sexual relations with a student, only to repeat the criminal behavior with a second student, Norwich Free Academy Head of School David Klein wasted no time in starting to affix blame.

    Because, hey, why should the top guy be held responsible when those down the ladder can be tossed into the volcano?

    In the course of two days three officials were placed on administrative leave, though the high school was not discussing what discipline may await them.

    NFA would not comment on “individual personnel matters,” said NFA spokesman Geoff Serra. That meant the academy was not identifying the officials, though Day Staff Writer Claire Bessette was able to uncover the names and disclosed them.

    Under the law, the identities and what has and will happen in these cases is a matter of public record; it will just be a matter of dragging the information out of NFA. The academy is not alone in claiming a “personnel matter” exemption from disclosing information under the Freedom of Information Act.

    Yet there is no such exemption. “Personnel and similar files” are only exempt from disclosure if “such disclosure would legally constitute an invasion of personal privacy,” according to the open government law.

    In other words, only exempt from release is information that would intrude on a person’s private activities. At issue here are the job actions of NFA officials in their capacity as educators and administrators for what serves as the public high school for Norwich and surrounding communities.

    And those actions may have contributed to the ability of former coach Anthony Facchini to allegedly enter into sexual relations with the two female students, for which he now faces two counts of second-degree sexual assault. There is compelling public interest in how officials at NFA handled the matter and how the institution will deal with those individuals.

    There is, however, an outrageous loophole that the legislature should close. If a union contract blocks personnel files, it takes precedent over the FOI law! But that does not appear to be at play with this matter.

    True, NFA is not your typical school. Its trustees are internally appointed, not elected. It is a private institution serving a public function. Norwich and the other towns that utilize it as their high school pay the tuition of the students they send there.

    But it is subject to the FOI Act. I should know. As the Norwich reporter for The Day in 1990 I filed the complaint with the FOI Commission that led to the ruling that NFA’s records are open to the public. The academy initially appealed to the courts, but dropped its challenge knowing it had a losing hand.

    So, Mr. Klein, when reporters or members of the public ask for information subject to the FOI law, personnel or otherwise, hand it over.

    Chandler

    I wanted to take a moment to acknowledge the overwhelming reaction in emails, calls, letters and conversations I received concerning my Jan. 14 column that dealt with the death of our family dog. People were very kind and shared their own stories of losing beloved pets. Several donations were made in Chandler’s name to groups that rescue animals.

    Some questioned the appropriateness of my giving such attention to an animal, given the degree of human suffering and death in this world. I did not, and do not, compare the passing of a pet with that of a human family member. However, these creatures do find a special place in our hearts. In the past two weeks that was made clear to me.

    Paul Choiniere is the editorial page editor.