CHEYENNE, Wyo. — The Laramie County District Court has ruled that the Wyoming Department of Education, along with two of its top officials, knowingly and intentionally violated the Wyoming Public Records Act. The court’s decision, issued on July 10, penalizes Linda Finnerty, the communication director, and Brian Schroeder, former superintendent of public instruction.
The case stems from the “Sexualization of Our Children” event organized by Schroeder on Oct. 25, 2022. Plaintiffs Rodger McDaniel and George E. Powers Jr. claimed the event was improperly funded with state money and requested public records to verify this, according to the Finding of Facts court document filed July 10.
The event featured representatives from No Left Turn in Education, a group known for opposing the inclusion of certain topics in school curricula. The court found that the initial searches for these records were inadequate and conducted in bad faith.
The court documents indicate that the event was political in nature. Judge Steven K. Sharpe noted, “Concerns expressed at the October 11 meeting were that the event appeared to be political in nature and was not an appropriate use of the department’s time, money, and resources.”
“The court finds both Schroeder and Finnerty’s initial responses to McDaniel’s records request were not done in good faith and violated the central tenet of the WPRA of maintaining an open and accountable government,” Sharpe wrote in the ruling.
At the May 16 evidentiary hearing on penalties and damages, several key witnesses testified. Amanda Aumack, a WDE employee, reviewed financial documents and testified about payments made for transportation expenses of NLTE representatives. Aumack stated that she felt the issues had become “too political” and was concerned about the inconsistency between public statements and the actual use of state funds.
“Aumack knew there was an inconsistency between what the public had been told and what she was being asked,” the ruling states.
Chad Auer, another WDE employee, testified about his concerns regarding Schroeder’s plans for the event. Auer believed Schroeder was acting in “cahoots” with political advisors, and he was troubled by the use of WDE resources for what appeared to be a political rally. Text messages between Auer and Finnerty, which were presented as evidence, showed that WDE staff had significant reservations about the event.
Linda Finnerty admitted during her testimony that she had access to responsive emails and text messages on her phone but failed to produce them initially. Finnerty also discussed her internal communications with Auer, which reflected their mutual concerns about ethical conflicts and the political nature of Schroeder’s event.
Brian Schroeder testified that he had directed WDE staff to use state funds for the event but later decided to raise private funds to cover the expenses. Despite this, the court found that WDE funds were used at the time of the event. Schroeder’s refusal to provide access to his personal phone further complicated the search for public records.
Finnerty and Schroeder initially denied the existence of financial records related to the event. However, it was later revealed that WDE funds were indeed used to support the event. Finnerty was aware of this but failed to disclose the information, while Schroeder refused to provide access to his personal phone, where relevant text messages and emails were stored.
Despite later efforts to rectify these issues, including Finnerty eventually producing text messages from her phone and Schroeder agreeing to a third-party search of his personal phone, the court found their initial responses inadequate and misleading.
The court assessed a penalty of $700 each against Finnerty, Schroeder and the WDE. Additionally, it awarded nominal damages of $100 to McDaniel from each defendant. Powers, however, was not awarded damages as the court found insufficient evidence to support his claim, according to the ruling.
“This case is about much more than a simple dispute over records. It involves the public’s right to access public information and the expectation that government agencies will be transparent and act in good faith compliance with the law,” the court’s ruling emphasized. “Most Wyoming citizens would lack the skill, resources, and fortitude needed to prosecute this case to a conclusion. Nor should the average citizen ever have to go to such Herculean lengths to obtain public records. It is incumbent upon all agencies and record custodians to fully comply with their important responsibilities in producing public records, The WPRA demands no less.”
