Written by Bob Sprague Tuesday, 31 July 2007 06:15

Privacy cited as release of e-mails delayed

E-mail logo Fulfilling public-records requests for e-mails involved in the investigation of the Ottoson principal and a teacher has been put off in the interest of privacy, the School Committee attorney said July 31. "We are choosing to err on the side of protecting privacy," attorney Alan S. Miller said, and he has agreed to wait until Aug. 13, at the latest, a period he calls a "reasonable delay."

News outlets, including YourArlington.com, have made requests under the state's Open Records Act (.pdf file) seeking the release of all e-mails involved in the probe, maintaining they are public information under the Arlington schools' acceptable-use policy. Once such a request has been received, the recipient has 10 days to release information or say in writing why the request has been denied.

Miller responded to YourArlington's July 16 records request with a letter dated July 26: "Please be advised that it will take some additional days beyond the statutory ten-day time frame for us to complete our review and to provide you with the School Committee response."

Asked the reason for and the expected length of the delay, Miller said by phone July 31 that he understands Frank Mondano, the attorney for Principal Stavroula Bouris and teacher Chuck Coughlin, will seek a court hearing to stop the release the e-mails. Mondano has been asked to comment.

The e-mails sought are all of those between Bouris and Coughlin collected in June by Steve Mazzola, who was promoted July 1 to chief technology officer for town and school. Mazzola was ordered to collect the e-mails after an as-yet-unidentified person brought some e-mails in early June to Superintendent Nate Levenson.

Because Levenson had been involved in a public controversy last spring involving Bouris and Coughlin, the superintendent asked Miller to investigate. The lawyer asked Mazzola, one of four people permitted to do so, to gather e-mails.

The number involved is believed to be about 100 -- far more than those provided in an initial step in Miller's investigation and first reported July 15 by YourArlington.com

As to the public-records requests, which include The Boston Globe, Miller said he believes the Arlington schools are required to turn over the e-mails, but that he is willing to let Mondano and his clients have their day in court. Miller has completed his investigation of Coughlin, but not of Bouris. She is out of the country and due back at school Aug. 9.

Miller said that someone could ask the office of Middlesex County District Attorney Gerard T. Leone Jr. to enforce addressing the various records requests. He added he expected that a judge would not agree to bar the e-mails under any of the exemptions under the state Open Records Act, including one covering privacy.

In a related issue, Miller said that, in a telephone conversation with Coughlin in June, he did not urge the teacher to resign. Eric Saum, an assistant principal at Ottoson, wrote in a letter July 16 to the School Committee that he overheard a conversation that Saum described as a "failed attempt at coercion," according to The Globe. Saum declined to provide YourArlington with a copy of the letter. Levenson's office did not respond to a request for the letter.

Miller said July 31 that Coughlin had called Miller and, among other matters, asked what would happen to any investigation if the teacher were to resign. Miller said he told him the issue would "all be over."

Instead, according to Miller's initial report, Coughlin contacted School Committee members, and the investigation proceeded.

Miller said he believes Saum either overheard a conversation over a speaker phone, which he doubts was on, or was listening in on another line, which would be illegal. Saum declined to comment.

Asked about the investigation of the person who first provided e-mails to Levenson were Mazzola, under whose supervision the person might be, and Town Manager Brian Sullivan, who as of July 1 oversees Mazzola.

Mazzola responded: "Sorry, but these questions need to go the superintendent's office."

The superintendent's office has referred all such queries to Miller.

Nancy Galkowski, deputy town manager, answered last week because Sullivan was on vacation:

"This matter is under the investigation of the School Superintendent who has primary responsibility on this issue. I would have no comment on what is essentially a school personnel issue. I will pass your e-mail on to Brian should he have any further comments when he returns."

Sullivan has not yet commented.

This story was first published on this site on July 31, 2007.

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