The fight for the student senators’ and the public’s right to know everything about how President Mike Kilbride’s SGA is spending student money is not over yet.
Read a Redacted Portion of Kilbride’s Knightmare by clicking here.
| Top SGA Vendors | |
| Storr Office Environment | 102,170.00 |
| GrayRobinson | 51,500.00 |
| MiPark Marketing (Image depot) | 51,197.00 |
| Central Florida Future | 37,911.00 |
| Vernon Company | 16,676.23 |
| CubCo Screening | 16,632.00 |
A week after KnightNews.com asked UCF SGA for a written explanation regarding why portions of public records SGA has custody of may be blacked out before being released, while at the same time SGA can publish names and faces of its cabinet online — and stream live video showing students at meetings — SGA still hasn’t provided the full explanation to which lawyers have told us we’re entitled.
KnightNews.com sent the top official of SGA, Student Body President and Board of Trustee Kilbride, a formal public records request for his Knightmare spending database last Thursday. That day, Kilbride agreed to set up a time for KnightNews.com to review Knightmare directly — but a week later has yet to schedule it. On Monday, however, a UCF spokesman sent KnightNews.com a portion of the records of Kilbride’s Knightmare database, with several portions blacked out.
This morning, that same spokesman sent another email to KnightNews.com citing a state law which makes education records private, Section 2002.225, Fla. Statutes, as justification for withholding certain information. Other universities — including at least one in Florida — have lost legal battles when using this technique to withhold SGA records.
“My understanding is that because the electronic database cannot be redacted in accordance with the above statute, you will not be allowed access to that information electronically,” Spokesman Grant Heston said. “Of course, you do have the redacted printouts of that information.”
One of the parts redacted, or blacked out, includes a mystery DJ — or perhaps DJ’s — that the records show SGA spent $2,060 on since October. Of that amount, $110 was for the DJ’s towing charge. This DJ does not appear to be a DJ from Knightcast, but instead is an individual student being paid to DJ, based on the HR Payroll designation next to it in the records.
KnightNews.com tried again Tuesday night to get Kilbride to share the name, or else provide the full written explanation with particularity — including a statutory citation — lawyers have told us Florida Public Record Law entitles us to receive. Heston, who appears is not the custodian of the records requested and appears to be responding only as a courtesy, did not provide a response which explains with particularity why the SGA records are only redacted in certain situations — but not on its website and during live video streams of meetings.
Kilbride’s SGA refused to answer our follow up questions Tuesday. No one from the state agency has told KnightNews.com who specifically redacted the portion of the records of which Kilbride has custody, why it must be done in this case and not others, or even if the entire request has been fulfilled. The OPS payroll portion of the Executive Branch budget is not included in SGA’s initial response, raising questions of whether all the data was released.
All Kilbride’s SGA would say about the DJ issue in an earlier Tuesday email was this: “As far as the towing costs, the student DJ was towed while unloading his equipment for the SGA Tailgate. An SGA staff member forgot to ensure his vehicle had the proper vendor pass, and we felt that the student DJ should not be penalized for that mistake.”
Before refusing to respond to KnightNews.com’s direct Tuesday night question about whether UCF would fully comply with Chapter 119, Florida Statutes, Kilbride’s SGA did briefly address Knightmare in an earlier statement.
“In regards to Knightmare, it is important to remember that this information is readily accessible to various Senate leadership members already,” Kilbride administration statement read. “This information is also available to anyone who would like to request it, much like KnightNews has.”
As KnightNews.com has previously reported, Kilbride shut off the vast majority of SGA’s ability to access Knightmare on the same day KnightNews.com broke a story about Kilbride spending $8,000 of student money on a lavish retreat at luxury, five-star Disney area resort. Before Kilbride shut nearly the entire Senate out, senators were free to browse the information without Kilbride knowing who was looking — as he did when KnightNews.com requested it.
At the time, sources in SGA told KnightNews.com Kilbride and his staff ordered a massive investigation to try and find the source of the leak regarding his $8,000 retreat. KnightNews.com has a policy of protecting its sources, and the leak was never discovered. Senators who were shut out of Knightmare, however, became concerned with Kilbride’s actions.
SGA Sen. Fernando Gonzales, a chairman of a finance committee, publicly stood up to Kilbride, accusing him of overstepping his power by suddenly limiting access. Gonzales asked then-SGA Attorney General Nicholas Gurney for a legal opinion on the issue. Earlier this month, Gurney issued a formal opinion declaring the Senate and Exec branches should have equal access. But Kilbride has so far refused to comply with this opinion.
Only after KnightNews.com filed a public records request for the data, Kilbride told the Senate he was working on a compromise. As of last check today, Senators have to visit KnightNews.com to see a portion of an earlier portion of the database they used to be able to see in real time.
Kilbride’s SGA defended Kilbride’s decision to not immediately comply with Gurney’s formal opinion in the statement.
“President Kilbride is currently working on the Knightmare access policy,” the statement read. “In addition, the Attorney General’s opinion took over three months to be issued once requested, so President Kilbride is working to ensure that all laws are followed per his opinion.”
When pointing out how it took Gurney three months to issue the opinion, Kilbride’s SGA neglected to point out how Gurney issued it following a judge rejecting the University of Florida’s argument that Student Government records are confidential education records. UF spent nearly $30,000 in public money fighting to keep the records secret — before its major loss in court. It’s not clear whether Gurney considered that ruling in his opinion, but it’s possile, as a KnightNews.com analysis of the ruling indicates it gives Kilbride less of a leg to stand on if he believes FERPA prevents the access to some senators, but not others.
Still, Kilbride isn’t rushing to announce any compromise on Knightmare in the immediate future.
“We feel that within a few weeks, more information will be ready to be announced,” the statement sent on behalf of Kilbride’s SGA said.
KnightNews.com will continue working to obtain the written explanation and statutory citation outlined in the Public Record Law, Chapter 119, Florida Statutes.
According to a 2008 investigative article in the Central Florida Future, penalties for violating Chapter 119 could include “a first degree misdemeanor and/or a $500 fine.”
Check back for updates.
