The Greenville News sues Greenville County Schools over personnel records

The Greenville News is suing Greenville County Schools over its refusal to release the personnel records of four current or former employees of the school district.

The lawsuit alleges that the school district violated South Carolina's Freedom of Information Act in denying the newspaper's records requests.

Tim Waller, a spokesman for Greenville County Schools, said the district had not been served with the lawsuit as of Wednesday morning.

"We strive for transparency and full compliance with the Freedom of Information Act while also protecting our employees' personnel records from broad requests that go beyond the privacy protections they are afforded under the law."

In a four-month period in 2020, three reporters at The Greenville News submitted separate FOIA requests for the personnel files of the following current or former school district employees: Brian Garrison, Eric Cummings, Scott Erwin and Jeff Maness. Each of those records requests was denied.

Garrison is a former Eastside High School tennis coach who was charged in 2019 with contributing to the delinquency of a minor. He pleaded guilty to those charges last October, according to electronic court records.

Cummings was the Riverside High School cross country coach. Cummings died by suicide last September, according to the Spartanburg County Coroner's Office.

Cummings had been on administrative leave from the school district at the time of his death.  

More:Parents of Eastside High School student sue Greenville County Schools

Erwin is a physical education teacher at Eastside High School and coach of the boys baseball team. Erwin is also the former athletic director at Eastside and was a supervisor of Garrison.

Maness is the former athletic director and boys basketball coach of Berea High School.

He resigned in October 2019 as the school district conducted an audit of financial records.  His educator certificate was suspended last month after allegations he was involved in a sexual relationship with a staff member on school grounds.

Between Aug. 4, 2020  and Dec. 3, 2020, The Greenville News filed separate requests for the workers' personnel files.

The reporters who filed the records requests — Ariel Gilreath, Daniel Gross and Geoff Preston — are also named as plaintiffs in the suit.

Each of their requests for school districts employees' personnel files was denied.

"These individuals are not considered public officials pursuant to South Carolina law as compared to police officers and other positions in government, and allowing their personnel records to be obtained by anyone and everyone in response to FOIA would interfere with their reasonable privacy expectations," school district officials responded in multiple emails that are exhibits in the lawsuit.

The newspaper disagrees with the school district's position.

"In addition to having an interest in how educators perform their duties and how area pupils are educated locally through Defendant school district, Plaintiff also has an interest, like other citizens and residents of South Carolina, in making sure Defendant operates in an open and public manner," the newspaper's lawsuit states.

South Carolina's Freedom of Information Act says that a public body must provide a written response regarding its final determination of the availability of records responsive to FOIA requests within 10 business days. When the records are made available, they must be provided at the lowest possible cost to the person requesting them, according to state statutes.

"This matter concerns several violations of FOIA regarding Defendant’s handling of record requests and its perceived culture of general antipathy towards South Carolina residents’ right to learn the activities of the school district at minimum cost or delay," the lawsuit states.

The lawsuit was filed on behalf of The Greenville News by Taylor Smith, an attorney for the South Carolina Press Association who is representing the newspaper in this matter.

The newspaper is seeking to have its lawsuit heard in an expedited manner and is seeking a judgment that would require the school district to provide records responsive to its FOIA requests. The newspaper is also seeking to recover its court costs and attorney fees.

The parent company of The Greenville News is Gannett.

"We have a ton of respect for teachers and the hard work they do every day on behalf of the public," said Steve Bruss,  executive editor of The Greenville News. "And we respect that identifying information can be kept private and be redacted from public records.

"But we believe teachers' personnel files are subject to FOIA," Bruss said.  "Accountability is ever more important for teachers and the public officials who oversee them because they care for our most treasured resource — our children.

"Most kids spend more time in a day with their teacher or coach than with their mom or dad. And parents need the peace of mind that comes with knowing school districts are taking appropriate actions to react to potential misconduct that happens during those many hours when teachers and students are together.”

Nikie Mayo is an investigative reporter for The Greenville News. Reach her at nmayo@gannett.com and follow her on Twitter @NikieMayo.