Clay County Schools says an “active legal matter” prevents it from releasing the report of its outside investigation into volunteer screening. The district has not said what that matter is. Clay News & Views searched court records and found no related case.
The investigation followed the April arrest of Mikal Detoro, a volunteer wrestling coach at Wilkinson Junior High, in a Jacksonville Sheriff’s Office sting. CN&V reported earlier that Superintendent David Broskie credited the investigation for nine policy changes. The district’s safety director had already presented those changes to the School Board.
CN&V requested the report on September 3. More than two months later, the district has not released it.
What the District Said
On November 4th, Sabrina Thomas, the district’s Chief Communication and Community Engagement Officer, responded to CN&V’s questions and records request. Her email said:
“Because this involves an active legal matter, the District is unable to provide further comment or answer your specific questions at this time.”
She added that legal counsel had determined the report is “currently exempt from disclosure under Florida Statute 119.071(1)(d)1.”
The email did not say what the legal matter is. It did not say whether a lawsuit has been filed. It did not answer any of the questions CN&V submitted on September 21.
Thomas had told CN&V on September 23 that she had forwarded the questions to legal counsel. CN&V followed up on November 3. The district replied the next day.
The Changing Citations
CN&V reported earlier that the district’s first response cited provisions that do not match Florida’s public records law. A second response cited section 119.071(3)(d)1, which does not match the text the district described.
It also cited section 119.071(2)(c)1, which covers active criminal investigative information. The district said that exemption involved “a former level 1 volunteer.” It did not say whether it meant Detoro.
The district’s Public Records Office also told CN&V that a follow-up email “appears to be questions, not a public records request.”
The November 4 email cites a single provision, section 119.071(1)(d)1. This was the first district response to cite the attorney work product exemption correctly. It does not mention the criminal investigation exemption.
What the Exemption Requires
Section 119.071(1)(d)1 protects records prepared by an agency attorney, or at the attorney’s direction. The record must reflect the attorney’s mental impressions, conclusions, litigation strategy or legal theory.
The record exempted under this statute must have been prepared exclusively for litigation or in anticipation of imminent litigation. The protection lasts until the litigation ends.
The Florida Attorney General’s office has said the exemption is narrower than the work-product protection available to private litigants. The agency must prove the exemption applies. In a 2014 case, an appeals court ruled against the Manatee County School Board because it failed to do that.
Florida law also requires a records custodian to redact only the exempt portion of a record and release the rest.
Broskie told the School Board on September 3 that the investigator recommended nine changes, and that the district had already put them in place. He also said employees had been disciplined.
The district has not explained how a report used that way was prepared exclusively for litigation.
No Lawsuit Found
CN&V searched and found no case related to the Detoro matter either at the state or local level.
A pending claim or a threatened lawsuit would not appear in court records. If the district relies on anticipated litigation, the law requires the litigation to be imminent. The district has not said which it is.
Questions the District Would Not Answer
On November 4th, CN&V asked the district to state in writing, as Florida law allows, why the report is exempt. CN&V set a deadline of Friday, November 6. The district did not respond. The questions asked:
What is the “active legal matter”?
How does the report meet each element of the exemption?
Does the district contend that no part of the report can be released with redactions?
Is the district still relying on the criminal investigation exemption it cited earlier?
What event will end the exemption, and will the district release the report then?
CN&V also asked questions unrelated to the report's contents. They included who the outside investigator is, what the investigation cost, and whether the new volunteer policy covers outside groups on district property, such as Iron Forge Wrestling Academy. The district did not answer those either.
Clay School Let Accused Predator Coach Kids Without Required Background Check
Mikal Detoro was a volunteer wrestling coach at Wilkinson Junior High until he was arrested in April for attempting to have sex with an underage boy in his Jeep.