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Chief Executive
Baumgardner proceeded on his own. The reply from Baliles notes that the Attorney General’s office has consistently held that school boards are political subdivisions and the superintendents are their chief executive officers for purposes of the Freedom of Information Act (FOI). "Therefore, if the reports were held by the superintendent, they would be exempt from mandatory disclosure. This exemption, however, does not apply to similar records held by the school board and once the superintendent disseminates records held by him to the school board those records lose the exemption..." Baliles wrote.
The Attorney General went on to note that if the draft architectural reports and analysis were prepared exlusively for an exectuive meeting which was lawfully held, then they would be exempt "unless subsequent actions were taken which caused them to lose their exemption."
He noted that Baumgardner had reported that the school board discussed the reports in open session in addition to the
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