Former school board of education member brought mandamus action against school district’s board of education and its treasurer, seeking to compel production under the Public Records Act of email distribution list used to disseminate superintendent’s newsletter, and an award of statutory damages, court costs, and attorney fees.
The Supreme Court granted an alternative writ.
The Supreme Court held that:
- School district was entitled to leave to revise school superintendent’s affidavit to include a notary signature;
- School district was not entitled to leave to resubmit evidence and substitute school district’s prior response to public records request by removing two emails that had been attached to treasurer’s affidavit;
- School district waived attorney-client privilege as to two emails it disclosed as an exhibit;
- Email-distribution list constituted a record under the Public Records Act;
- School district failed to establish that email-distribution list was exempt from disclosure under the Act as a record whose release was prohibited by state or federal law;
- Former member was entitled to writ of mandamus compelling school district to disclose requested email-distribution list;
- Former member was entitled to an award of statutory damages;
- Former member was entitled to recover her court costs; and
- Former member was entitled to recover her attorney fees.