ROANOKE TIMES
Copyright (c) 1996, Roanoke Times
DATE: Thursday, September 26, 1996 TAG: 9609260079
SECTION: VIRGINIA PAGE: C-1 EDITION: METRO
SOURCE: JOEL TURNER STAFF WRITER
A proposal that could restrict the freedom of Roanoke County School Board members to seek information on school finances triggered an emotional debate Wednesday night that caused the board's meeting to be abruptly canceled in the middle of the agenda.
Chairman Thomas Leggette claimed that the proposed bylaw change would violate the First Amendment, the state's Freedom of Information Act and board members' legal responsibility to oversee school finances.
Under the proposal by board member Jerry Canada, all requests by members that would require the spending of public funds would have to be directed to the superintendent during the board's regular meetings.
If it became necessary for board members to make such requests at other times, Canada's proposal said, the requests would have to be made in writing to the superintendent. The superintendent's office would provide a written response to all board members when the requested information was available.
Leggette said the wording of the proposal would apply to costs for photocopying and computer printouts if he requested financial information from school administrators.
Under the FOI Act, said Leggette, a lawyer, he is entitled to look at school financial records at any time during business hours. He said he has the right to seek financial information from all record keepers, not just the superintendent.
"This would limit me to asking questions at regular board meetings," he said. "These weasel words could apply to copying and computer runs."
Leggette, who teaches fiduciary law, said he has a personal legal responsibility for school finances as a board member. He said he can't delegate that to school administrators or other board members.
"You are dealing with public finances, and if we have a corrupt official, I would be responsible,'' he said, referring to the financial mismanagement in the Virginia Beach school system that triggered a grand jury investigation last year.
Leggette said he has been trying to get school administrators to provide a "full and meaningful" monthly report on school finances, but he has not received a satisfactory report.
Canada denied that he is trying to hide information or prevent board members from asking questions. But he said board members can't act independently of the entire board. "Outside of the board meetings, we are no more than ordinary citizens," he said.
Canada said all board members should be informed when school administrators are asked to spend money.
Leggette said he agreed that individual board members can't direct the superintendent to hire personnel, buy equipment or make similar expenditures without the board's approval.
But he said this restriction can't apply to requests for financial information. He said he would drop his objection to the proposal if Canada revised it so board members could ask for financial data, but Canada did not.
County Finance Director Diane Hyatt said she viewed Leggette's remarks as an attack on the county's handling of school finance records. The county took over accounting for school finances six years ago after the schools ran a deficit.
"We are professionals. We are no slouches. My heart is feeling attacked," she told the board. Hyatt said her office will provide Leggette with any information he wants.
Vice Chairman Michael Stovall and Canada apologized to Hyatt for Leggette's remarks. Leggette said he never intended to imply criticism or to suggest there was anything amiss in the school finances.
Leggette said he is concerned about the future and what might happen with such a bylaw provision when new school administrators and board members might assume office.
After nearly 90 minutes of wrangling, Stovall moved to end the meeting immediately. The motion was passed with Leggette dissenting.
"It got to be a one-man show, and I think enough had been said," Stovall said after the meeting. "I had some colleagues who thought the meeting should end."
Leggette said he was disappointed by the abrupt end, but he never meant to criticize or hurt the reputation of anyone. He said he hopes that county and school officials will provide monthly reports that are in accord with national, state or other professional standards for finances.
LENGTH: Medium: 81 linesby CNB