Judge declines to rule on release of Fayetteville's Wendt firing documents... http://www.nwaonline.com/news/2018/aug/04/judge-declines-to-rule-on-...

Jobs | Autos | Homes | Classifieds | Deals | Events | News Alerts | Contact Us | Discover Northwest Arkansas

Saturday, August 4, 2018

Weather & Traffic

Sections News Sports Opinion Business Features & Entertainment Photos Video Weeklies Today’s Paper

Judge declines to rule on release of Fayetteville's RECOMMENDED COMMENTED

Wendt firing documents

By Ron Wood
Posted: August 4, 2018 at 1 a.m.

FAYETTEVILLE -- A judge declined to rule late Friday in a Freedom of Information lawsuit, seeking
the release of records related to the firing of former school superintendent Matthew Wendt, so
another judge can rule in a related case.

The hearing Friday was in a lawsuit filed by Russell Racop, a Little Rock blogger, who's seeking
immediate release of the records. Racop's lawsuit names John L Colbert, the district's new
superintendent, in his official capacity as custodian of records. Racop contends the district should
have already released the documents because he requested them weeks ago.

Legal Lingo
Under advisement
A court takes a case under
advisement after it has heard the
arguments made by the counsel
of opposing sides in the lawsuit
but before it renders its decision.
When a case is under
advisement, the judge hearing
the case is deliberating or
thinking about their decision.
Source: Staff report
The other lawsuit involves the woman who claims she was the
target of sexual harassment by Wendt. She sued the School
District to block release of documents related to the firing. Filed on
behalf of "Jane Doe" in Washington County Circuit Court, the
lawsuit contends the records, if released, would be an unwarranted
invasion of her privacy. She contends her personal privacy should
outweigh the public's right to know in this case.
The Northwest Arkansas Democrat-Gazette filed a motion to
intervene in the Doe lawsuit but no hearings have been set.
Doe's attorney, Suzanne Clark, has filed motions seeking to have
the documents filed with the court under seal, closed hearings, a
gag order and opposing intervention by the newspaper.

Circuit Judge Tom Cooper heard Racop's argument Friday and

took it under advisement, explaining the delay will allow Washington County Circuit Judge Doug
Martin to return from vacation and make a ruling in Doe's case that should also resolve Racop's
case. Martin could rule the documents have to be released or he could grant Doe's injunction.

Cooper noted the lawsuit by Doe was filed before Racop filed his lawsuit.

Racop said in his lawsuit he first requested the documents June 19 and the district has repeatedly
missed deadlines established by the Freedom of Information Act.

"Specifically, plaintiff's request sought the records pertaining to the termination of Superintendent
Matthew Wendt, including voice recordings of Wendt and copies of text messages between Wendt
and a female employee of the district that Clark presented to Chris Lawson, district general
counsel, on March 15, 2018, that supported her client's complaint against Wendt," according to the
lawsuit.

Racop contends he was told the district determined the documents were releasable but affected
employees had to be notified allowing them to request a state attorney general's opinion.

The Attorney General's office issued two opinions July 9 saying the district was substantially

1 of 2 8/4/2018, 8:08 AM
Judge declines to rule on release of Fayetteville's Wendt firing documents... http://www.nwaonline.com/news/2018/aug/04/judge-declines-to-rule-on-...

correct and the requested documents should be released. But, the district failed to immediately
release the material as required by the Freedom of Information Act, according to Racop's lawsuit.

Cooper, from Ashdown, was assigned to hear the case because Martin recused from the case at
Racop's request. Martin was on vacation and unavailable for a hearing on the issue within the time
allowed by the Freedom of Information Act, according to court filings. Other judges in Washington
County also recused themselves.

The case was initially assigned to Circuit Judge John Threet who asked it be transferred to Martin
because Martin is already hearing Doe's case.

Clark filed a sexual harassment claim with the School District on Doe's behalf on March 14 and
presented Lawson, district general counsel, on March 15 with voice recordings of Wendt and
copies of text messages between her client and Wendt supporting her client's complaint, Clark said
in a news release.

Clark filed a complaint May 25 with the Equal Employment Opportunity Commission against the
School District and School Board. The complaint to the commission details Wendt's abusive
conduct after the woman refused to continue to have sex with him, according to a news release by
Clark on June 14.

The woman complained Wendt stalked her, sent her numerous text messages while she was at
home and at work and told her she could be fired for her actions, according to the news release.

The School Board unanimously voted to terminate Wendt's contract June 18.

The board cited a breach of contract by violating district policy. Wendt violated the policy through
his derogatory and offensive conduct and communication with a female subordinate employee,
according to Susan Kendall, a lawyer with the Kendall Law Firm in Rogers and the School Board's
legal counsel.

NW News on 08/04/2018

NWADG Sports News/Opinion Weeklies Multimedia Contact

Obituaries High School Local News Bella Vista Weekly Vista Videos Advertising
Celebrations College State News Westside Eagle Observer Photos Circulation
Events Professional National News TFW (The Free Weekly) Purchase Prints Customer Support
NiE Outdoors International News McDonald County Press Newsrooms
Subscribe ARPreps Local Opinion La Prensa Libre Submission Forms
Advertise WholeHogSports All Opinion/Editorial The Herald-Leader Careers at the NWADG
Pea Ridge Times
Wash Co Enterprise Leader
Copyright © 2018, Northwest Arkansas Newspapers LLC. (NWA Media)
All rights reserved.
This document may not be reprinted without the express written permission of Northwest Arkansas Newspapers LLC. Please read our Terms of Use or contact us.

Material from the Associated Press is Copyright © 2018, Associated Press and may not be published, broadcast, rewritten, or redistributed. Associated Press text, photo, graphic,
audio and/or video material shall not be published, broadcast, rewritten for broadcast or publication or redistributed directly or indirectly in any medium. Neither these AP materials
nor any portion thereof may be stored in a computer except for personal and noncommercial use. The AP will not be held liable for any delays, inaccuracies, errors or omissions
therefrom or in the transmission or delivery of all or any part thereof or for any damages arising from any of the foregoing. All rights reserved.

2 of 2 8/4/2018, 8:08 AM