Controversy surrounded the Fresno Unified superintendent search process and mystery shrouding the appointment of Misty Her continues as the district ignores California Public Records Act requests.

On April 23 — the day trustees selected Her as the sole finalist in their year-long superintendent search — GV Wire saw an official agenda document naming Her as superintendent before trustees voted on the appointment. To verify the document, GV Wire that same day requested all district communications and documents related to the finalist announcement.

The document stood in contrast to assurances from district communications staff and Trustee President Valerie Davis that no selection had been made ahead of the vote.

Despite California law giving agencies 10 days to respond to public record requests, the district has not informed GV Wire about the status of the request — nearly three months and three follow-up requests later.

More recently, Fresno Unified has not responded to a GV Wire request for severance documents related to former Communications Chief Nikki Henry’s departure, which has also now passed the 10-day limit. GV Wire also awaits a public records request filed July 16 for the nature of Henry’s severance package.

David Loy, legal director for the First Amendment Coalition, said delays in records requests have become endemic across the state.

“The Public Records Act is quite clear that agencies are required to make at least an initial response, as in, ‘we have your request and we’re going to give them to you, or we don’t have records at all, or we have them and we’re not going to give them to you and here’s why,” Loy said. “They’re required to do that within 10 days.”

Violating California Public Records Law Has Consequences

The district responded to two other public records requests filed by GV Wire at about the same time as the superintendent search. It provided contracts with the search firm McPherson & Jacobson and the non-disclosure agreement signed by trustees and the community advisory panel.

The district denied a request to get the names of the community advisory panel, saying that the district does not have those records.

California enacted its Public Records Act in 1968 to ensure transparency and accountability in government agencies. Failure to comply with the law can result in public agencies being fined.

Courts Can Compel Agencies to Provide Records

In 2022, courts forced the city of San Diego to pay more than $240,000 in attorney fees and court costs for denying records requests, according to the L.A. Times. In 2021, a state judge approved a settlement requiring the Oakland Police Department to release documents to journalists and activists who had public records requests languish for years, according to Courthouse News Service.

The court gave the agency six months to clear its backlog of requests.

“It’s an ongoing problem, and public agencies will say, ‘we are overwhelmed, we are under-resourced,’ and maybe — but the law is the law,” Loy said. “I didn’t make it. The Legislature passed it, and they need to follow it.”