Idaho Press Club files suit against Lt. Gov. McGeachin over indoctrination task force records
The Idaho Press Club on Monday filed suit to compel Lt. Gov. Janice McGeachin to release records pertaining to her education task force after her office repeatedly refused to fill local reporters’ public records requests.
According to a court filing from the Press Club, an association of Idaho journalists, McGeachin’s office violated the state’s public records act by redacting public information or refusing to release records in four separate requests filed by reporters. The filing also claims that McGeachin’s office inappropriately tried to charge multiple news outlets fees for the same information, which violates the fee provisions of the public records act.
The court filing stems from requests for responses to a Google Forms survey that McGeachin collected earlier this year after announcing a task force “to examine indoctrination in Idaho education and to protect our young people from the scourge of critical race theory, socialism, communism, and Marxism.” McGeachin used the Google document to solicit feedback from Idahoans on their concerns regarding public education in Idaho.
McGeachin’s chief of staff, Jordan Watters, told reporters that the redacted information and denials were meant to protect respondents’ personal information, which the Press Club disputes.
Court filing outlines redactions, denials to four reporters
The Press Club’s court filing points to records requests made by four reporters at three Boise news outlets as examples of the lieutenant governor’s alleged Idaho code violations.
The first and most involved was made by Audrey Dutton, a reporter for the nonprofit Idaho Capital Sun. According to the filing, Dutton requested “a copy of the Google Sheet data from the Lt. Gov.’s Education Task Force Feedback Form” on April 21. In a response on May 4, Watters told Dutton that responses to the “feedback” portion of the form, which allowed respondents to input any comments in their own words, would need to be analyzed and have personally identifying information redacted. Watters estimated the cost for the analysis and redactions would be about $560.
Watters also told Dutton that submitted information could be redacted under the provision that respondents were writing to a legislator — Rep. Priscilla Giddings, R-White Bird, who chairs the task force.
Dutton finally received the record she requested more than a month later, on June 3. Columns containing respondents’ names and email addresses were redacted, as was the entirety of the feedback commenters had submitted.
The next day, McGeachin posted about the records request on her social media pages, characterizing it as an attempt to violate Idahoans’ privacy.
“Why does the media want YOUR personal information?” McGeachin wrote. “Do they plan to release it and encourage employers and government agencies to retaliate against Idahoans who have expressed concerns about Idaho’s education system? I believe that releasing this information would have a chilling effect on YOUR right to communicate your concerns to elected officials in Idaho.”
Dutton later followed up with Watters to clarify why the information had been redacted, how long the redactions had taken and whether the $560 fee was correct given the fact that the entire feedback column had been redacted. Watters directed any further questions to Colton Boyles Law Firm.
At the same time that the lieutenant governor’s office was processing Dutton’s request, IdahoEdNews requested a copy of the responses to the Google survey. Watters also told IdahoEdNews reporter Blake Jones the cost for redacting the records would be $560.
“... the Lieutenant Governor’s Office intended to collect the $560 fee from both Mr. Jones and Ms. Dutton for the same work, although the redactions only would be done once,” which the filing states is a violation of the fee provisions of Idaho’s public records law.
IdahoEdNews followed up with questions about how McGeachin’s office planned to use the responses. Watters never replied to an email, and the lieutenant governor’s office never supplied the documents that were requested.
In May, Idaho Statesman politics reporter Hayat Norimine also requested the responses from McGeachin’s Google Forms survey. Watters told Norimine that it would cost about $1,500 to analyze and redact the responses — the third attempted fee for the same records, the Press Club said in the filing.
Finally in mid-June, Idaho Capital Sun reporter Clark Corbin requested invoices and contract information between McGeachin’s office and Colton Boyles Law Firm, to which Watters had earlier directed Dutton with further questions. Copies of those records were denied on the basis of attorney-client privilege. The Press Club alleges that denial was also improper.
Peppered in the filing were other allegations of bad faith and public records law violations on the part of McGeachin’s office. The Press Club’s filing alleges that McGeachin’s office exceeded the time limits set by Idaho code for public records requests (three working days to confirm or deny the request and delivery of the requested documents within 10 working days).
It also alleges that McGeachin’s social media posts questioning the purpose of the requests could be improper. Idaho’s public records law allows agencies to verify the identity of the requester and ensure the requester will not use the information for mailing lists. It does not allow agencies to question the intent behind the request.
This story was originally published July 19, 2021 at 4:02 PM.
