Mountain Home School District's Secret Text Communications and Law Violations
Part 2 - The Last Straw
A previous article about the Arkansas Freedom of Information Act provided evidence that Superintendent Long and the school board are using private individual meetings to subvert and violate the law. Arkansas law requires all discussions and decisions of public governing bodies to take place openly for the public to see, with only a few exceptions regarding confidential personnel matters.
Arkansas Attorney General Opinion No. 2000-111, details the AG’s opinion regarding meetings between a superintendent and an individual board member, and states, “a series of individual, private discussions between the superintendent and members of the school board, if held for the purpose of polling the members and thereby arriving at a board policy, violates the FOIA.”
In the Attorney General’s Opinion, the Arkansas Supreme Court ruling in Rehab Hospital Services Corp. v. Delta-Hills Health Systems Agency, Inc., 285 Ark. 397, 687 S.W.2d 840 (1985), was referenced as court precedent in determining the illegality of straw polls by governing bodies. In Rehab v. Delta-Hills, a telephone poll violated the FOIA because, according to the court, no notice was provided and there was no opportunity for the public and the press to hear the conversation. 285 Ark. at 400-401.
Through a Freedom of Information request for internal Mountain Home School communications, evidence of law violations by Superintendent Long and school board members was uncovered. Included within the district’s response to the FOI request, were text communications between Superintendent Long and members of the school board. These text messages reveal Superintendent Long and board members decided on the millage amount, to be presented to the public for vote, through a series of private text messages used to poll the individual board members and arrive at a consensus.
Here are the screen captures of messages between Superintendent Long and Board Vice President Lisa House. Texts from Long are in blue, and texts from House are in gray:
Here are screen captures of messages between Superintendent Long and Board President Dan Smakal. Texts from Long are in gray and texts from Smakal are in blue:
These texts were sent on February 9th and 10th of 2023, just a few days after the State Division made the presentation in Dunbar on February 6th, and about one week before the school board’s February 16th vote to pursue another election. Through a series of secret text messages between Superintendent Long and various board members, the school board decided on the rate of millage increase they would put on the ballot for election on May 9th. These are conversations and decisions that, by law, should have occurred in a public meeting. The entire series of texts can be viewed here.
In a follow up email requesting copies of the other straw poll communications with board members Bob Chester, Barbara Horton, Neal Pendergrass, Jason Schmeski, and Bill Wehmeyer, Long claims they do not exist and has failed to produce documentation of any other communications or an explanation of why they do not exist.
Read the previous article about other illegal, secret meetings and communications between Superintendent Long and the school board here.
Another text message released by the district in response to the FOIA, was a January 28, 2023, text from Superintendent Long to Board VP Lisa House. In the text message, Long references the upcoming public forum and presentation by the State Division, the facilities consultant, and the financial advisor from Stephens Bank, which was originally scheduled for January 30, 2023. He recommends that the board not vote on the millage ballot the same night, but rather they should wait until the regularly scheduled board meeting on February 16th. He states, “..it could be pretty distasteful to get all this information and immediately vote on it.” He then says, “You will be getting some information for the first time.” Texts from Long to Lisa House are in blue.
This text from Long to Board Vice President, Lisa House shows a deeper, more sinister, and damaging layer of secrecy. All evidence that has been uncovered during months of investigation and FOIA requests seem to indicate that Superintendent Jake Long did not fully inform the board of all the information he received from the State regarding the previous failed millage and the state’s partnership determination. Not only did Superintendent Long work in secret with school board members to deny the public of their rights under the law, but all indications are that he also withheld critical information from the elected board members themselves.
A few weeks ago, in a meeting with David Ethredge, Prosecuting Attorney for the 14th Judicial District, this evidence of secret straw polls and private meetings was presented. Mr. Ethredge asked if we wanted him to prosecute. After some discussion and consideration, the decision was made that he would issue an official warning letter that identifies his concerns regarding the presented information. That letter is forthcoming and will be issued to the school district soon.
Violations of the Arkansas FOIA are a Class C Misdemeanor criminal offense and are punishable by up to 30 days in jail and a fine.
It is evident that Superintendent Long and the school board have been conducting business and making decisions through secret, illegal meetings, and communications. This leads to the next obvious question – what else has been going on behind closed doors? We have uncovered violations in hiring, special pay raises requested by Superintendent Long and approved by the board, and the suppression of critical information regarding the high school building project and the millage ballot discussions. We have an emerging pattern of Long’s manipulation of the board through private meetings, sharing information behind the scenes, and pushing for board decisions behind closed doors. This leads us to ponder the question of whether the information Superintendent Long shares with board members accurately represents what they have privately conveyed to him. If the board members do not have these conversations directly with one another, how do they know their opinions and thoughts have been represented correctly to other board members?
It is time for our community to consider what type of school leaders we want. Do we expect honesty, integrity, sincerity, and a genuine commitment to doing what is right? What do we, as a community, value most? Are outward appearances more important, or is it the character and integrity that emanates from school leadership? Is it the culture and environment that surrounds and influences our children during their most impressionable years?
The phrase “the last straw” describes a final, unacceptable act, in a long line of inappropriate acts, which finally triggers a sudden, vehement reaction. This school board has not performed its due diligence in representing the public and demonstrating good stewardship over resources. The secrets, deceit, lies, and criminal actions should raise an alarm for our community about the possibility of other secret activities and possible wrongdoing. An illegal straw poll should be the last straw in a long series of unacceptable behaviors which have denied our community its freedom. If we understand that information is knowledge, and knowledge is power, and power is freedom, then we recognize the tremendous significance of these concealed actions, which violate the Arkansas Freedom of Information Act. How long do we allow this to continue before we have had enough?
I must ask the question again. What else is going on behind closed doors?
Truth should be wide open and easy for all to see. There should be no secrets, no omissions, no deceit, and no gaping holes in the story. The lack of integrity and transparency within this school district should make our entire community pause and reconsider whether they have earned the trust and confidence to continue with any level of influence and responsibility over our kids and their future.
MK