A Douglas County judge ruled Thursday there are no grounds for blocking disclosure of documents that may explain why the Superior School District fired a 16-year teacher after allegations of sexual abuse were brought to officials' attention.
Superior Middle School teacher Brian MacDonell, 47, sought a court injunction that would prohibit the district from releasing his name, position, cause and authority under which the school district fired him in July.
The Superior School District and Duluth/Superior Newspapers, LLC, doing business as the Superior Daily Telegram, filed court actions opposing any restraints on public access to the records under the Wisconsin Open Records Law.
Judge Michael Lucci said MacDonell was a public employee in a position involving a great deal of public trust and there is a "very strong presumption in favor of disclosure" of school district records under the Open Records Law.
While Lucci ruled the documents be unsealed, he ordered the name of a student who made an allegation be redacted from the documents.
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Joe Roby, the Duluth attorney representing the newspaper, said the documents being sought include minutes from the closed meeting when the school district took action against MacDonell. Roby said the newspaper also wants the policy and authority on which the school district acted.
"We respectfully request that this case should be viewed regardless of who the requester is," Roby told the court. "If some private citizen walked into the school district offices one day and requested these records" they should be made available.
Johanna R. Kirk, a Superior attorney representing the school district, also argued for disclosing the records.
"The public is entitled to know why the school district acted as it did," Kirk told the court. "Releasing these records is the only way that the district can be accountable to the citizens for its decision. If these records are not released it becomes the district, the public entity, who gets hung out in the media to dry."
The Daily Telegram reported June 15 that the district suspended MacDonell for 10 days because of a complaint from an 18-year-old Superior High School student. The student told police that MacDonell made unwanted advances toward her. No criminal charges have been filed against MacDonell.
His sister told district officials MacDonell had victimized her when she was a child and young woman. She signed a sworn statement about the sexual abuse, notarized by a school district administrative assistant.
Philip Villaume, MacDonell's Bloomington, Minn., attorney argued that the school district's file on his client should remain sealed. He said his client will have his case heard by an arbitrator this fall and he hopes to get his job back.
"In the event that he prevails in the arbitration, trying him in the media by disclosure of all of these documents to the media will make it virtually impossible for him to return to the classroom," Villaume told Lucci.
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MacDonell has 20 days to decide whether he wants to appeal Lucci's ruling unsealing his records. Villaume said no decision has yet been made on an appeal.
Villaume and Superior School District Attorney Kenneth Knudson are in the process of selecting an arbitrator. Villaume said the arbitrator's decision concerning MacDonell's employment with the school district will be binding.
"Mr. MacDonell denies the allegations against him and he intends to clear his name through the arbitration process," Villaume said.
