Who wants to be superintendent? Board won't say

Board issues statement in superintendent search

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By Ed Richter, Staff Writer Updated 8:29 AM Monday, November 23, 2009

MIDDLETOWN — The Middletown Board of Education met in executive session for about four hours Saturday, Nov. 21, to review superintendent applications and a report from Barry Rowland of Carney, Sandoe & Associates.

The Boston-based firm is serving as the search consultant in the selection of a new superintendent to fill the post vacated by Steve Price this past summer.

Board President Greg Tyus said there were about 30 applicants, and that the board on Saturday also “fine-tuned” an overall candidate profile based on public input sessions.

The Middletown Journal requested application documents and resumes Oct. 21 and again Saturday under the Ohio Public Records Act. However, the board said it was not able to disclose any information.

Tyus issued a statement, which included the names of all board members, stating “many candidates for superintendent submitted their resumes to the search consultant with the understanding that their interest in the position would remain confidential in the early stages of the process. In order to not reduce the candidate pool and to maximize the probability of finding the best candidates, the board will respect the privacy of the candidates at this time. Once a list of finalists is determined, the candidates will be disclosed and the public will have the opportunity to participate.”

Tyus said the board had no records of who had applied because all information was contained in a box that Rowland carried into the meeting. When Rowland left out a different exit after the executive session, Tyus said he took with him all documents, including board members’ notes on the session.

On Friday, district spokesman Debbie Alberico said the board had no legal duty to provide what it did not have, adding “the district and its search consultant do not plan on keeping any of those resumes in any event.”

According to the open records act, “a public office cannot avoid its responsibility for public records by transferring custody or even the record-making function to a private entity.” Further, the 2009 edition of the Ohio Sunshine Laws Manual states that “a public office’s obligation to turn over application materials and resumes extends to records of private search firms the public office used in the hiring process.”

Tyus referred the matter to the district’s lawyer, Thomas Allen, who declined comment. Tyus said the board will meet Dec. 11 to further discuss the search.

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