Cabarrus educator asks courts to force release of school board meeting texts
A former Cabarrus County teacher is asking courts to force the Board of Education to release members’ text messages related to a controversial series of resignations and meeting minutes.
Kimberly Biondi, who taught English at all levels in Cabarrus County Schools from 1999 until she retired in fall 2021, filed a petition to the Cabarrus County Superior Court on Sept. 16. She wants the school board to produce public records she requested months ago.
So far, the district has failed, even refused, to comply with any of Biondi’s records requests, according to the petition. The school board ignored or district staff didn’t respond to other requests, according to the petition.
Biondi and her attorney Mark Kerkoff, of the Law Office of Mark N. Kerkhoff, PLLC, in Charlotte, also are asking the court to ensure the Cabarrus school board refrains “from the destruction of any further public records” and attorney’s fees recoverable under the Public Records Act.
Biondi and Kerkoff maintain that all documents she requested, including board communications to community members regarding school business, during official meetings, minutes and records of meetings and financial records regarding the school board’s legal counsel are public records.
“The board has denied her request to provide copies of public records by failing to produce a single copy of any record ‘as promptly as possible’ as required by law,” the petition states.
Biondi was not available for comment Monday, and a request for comment from Kerkoff was not returned.
North Carolina’s Public Records Act is meant to promote and encourage prompt, open disclosure of any public record a government agency, including a school district or board keeps. Anyone has the right to look at or get copies of those records with some exceptions.
Communicating by text
Biondi in February began requesting copies of meeting minutes and text messages she alleges were exchanged between board members and members of the public about official school business.
“Members of the Board of Education communicated by text messages regarding official school business during official Board of Education meetings,” the petition states. “Biondi and other observers noted officials frequently on their cell phones during actual meetings and during the conduct of official school business, appearing to communicate by means outside of the publicly heard discussion.”
Biondi sent a dozen written requests for public records to the Cabarrus school board and multiple follow-up emails for the information, according to the petition.
Kelly Propst, of Cabarrus schools, responded to one of Biondi’s emails in March, writing: “CCS does not provide cell phones to board members” and “CCS does not provide a stipend to board members for use of their personal phones.” Therefore the district does not have access to cell phone accounts to request texts, according to an email filed with the petition.
But North Carolina public records law covers documents “regardless of physical form or characteristics, made or received pursuant to law or ordinance in connection with the transaction of public business,” according to the petition.
A Charlotte Observer request for comment from Cabarrus school board attorney Jay White and Board Chair Holly Grimsley went unanswered Monday.
Political targets?
Biondi, who was twice named Teacher of the Year at Central Cabarrus High School during her tenure, says she was a local leader in teachers’ advocacy reform and support groups and “frequently made her opinions and voice known on controversial matters of public concern — particularly during the pandemic, according to the petition.
Biondi and others were vocal about the need for virtual learning and face masks during the height of COVID, including standing on public sidewalks and holding signs outside Cabarrus Board of Education meetings.
During early 2021, Biondi says she, hundreds of other teachers and former Superintendent Chris Lowder, who has since resigned, were politically targeted by an outside group linked to the school board called “Make a Difference,” according to the petition.
Cabarrus parent Kenny Wortman, who is now running for county commission, filed hundreds of grievances with the board against the teachers. The group, through a petition on Change.org, also called for the removal of those teachers and Lowder.
While no teachers were fired, the school board terminated its attorney Brian Shaw (then with Raleigh-based education law firm Schwartz and Shaw) weeks after the grievance hearings and hired Jonathan Vogel as its legal counsel, according to the petition.
Biondi, even after she retired, continued to look into district matters, including the change of counsel and why the BOE eliminated the board clerk recording position without any replacement, according to the petition.
When Biondi asked for the text message communication history of the board clerk position and records maintained up until the termination of the position that “cell phone and any associated public records had been destroyed since the position was eliminated.”
Editor’s note: This story was updated on Oct. 13, 2022, to reflect a disagreement over the nature of Kenny Wortman’s grievances.
This story was originally published October 11, 2022 at 1:04 PM.
