Parents' Voice is filing a complaint with B.C.'s Office of the Information and Privacy Commissioner over a freedom of information request to the Burnaby school district on the controversial anti-homophobia policy.
Parents' Voice formed in opposition to the district's policy, designed to protect staff and students from homophobic bullying.
On April 21, Parents' Voice supporter George Kovacic requested documents related to the policy. According to Kovacic's complaint, Greg Frank, the district's secretary-treasurer, responded stating it would cost more than $1,400. Under B.C.'s Freedom of Information and Protection of Privacy Act, public bodies have 30 business days to respond to a request for records. The first three hours of work are free, but public bodies can charge for anything above and beyond that. Applicants can ask for the fees to be waived if they show financial hardship or that it is in the public's interest that the information be released.
Kovacic contested the fees, on the grounds of public interest, but the district declined to waive them. Kovacic narrowed the scope of requested documents and got the estimated fees down to an estimated $385 to $700, but he still wanted them waived. Frustrated by the delay, Kovacic requested a portion of the information for free on July 26. The next day, Kovacic received an email, apparently forwarded to him in error, from Betty Choi, assistant to district superintendent Claudio Morelli. The email was addressed to Frank's assistant Sandra Brunner.
Choi's email states: "I just read the letter we sent to him (Kovacic) regarding the costs. I don't see any reference to anything being exempt, just beyond that three hours of research, we will charge. I don't think we should get into a flap over this, we should just let him initiate his complaint to the Privacy Commissioner, and then wait for them to contact us, that will delay him even further, maybe past the elections. I heard he is running on the new civic team (that) Parents' Voice is forming for the election of trustees!"
According to Kovacic, the email demonstrated politically motivated tactics behind the delay.
"The conduct of the Burnaby school trustees and district staff is reprehensible. Our suspicions as parents have now been confirmed: There is a deliberate strategy to stonewall the freedom of information process and withhold crucial documents from parents, taxpayers and the media," he said. Kovacic added that he supports Parents' Voice but does not plan to run as a trustee.
Kovacic filed his complaint with the commissioner on Tuesday, Aug. 23. In general, the commissioner's office reviews freedom of information complaints, which could take 30 to 90 days. They then attempt to mediate between the two parties, and if that doesn't work, the complaint may go to a formal hearing.
Choi declined to comment when contacted by the Burnaby NOW, but Morelli responded by stating that she erred in judgment.
"It's not representative of the board's position. Trustees on the board had nothing to do with the response that was written by that staff member," Morelli said.
Senior staff were on vacation when Choi sent her email, including Brunner, the intended recipient.
"It's not that we're trying to stall or anything like that. The scope of (Kovacic's) request was quite significant," Morelli said.
For more on this story, or to see Kovacic's complaint, go to Jennifer Moreau's blog, Community Conversations, at www.burnabynow.com.
