Geist: Removing Marlow Would Have "Interrupted" Board Growth

Two weeks after a panel ruled Cherokee School Board Member Kelly Marlow can remain in office while a criminal case against her proceeds, the lone board member who wrote a letter in support of his colleague has released details of his argument. 

District 3 School Board member Michael Geist penned the letter (which is attached) on Nov. 13, which was presented the next day during the panel'shearing to determine if Marlow should be suspended from office while she faces four felony counts of making false statements.

After the panel's hearing, Geist received requests from Patch and local residents to release the letter in accordance to the Georgia Open Records Act. 

On Friday, Nov. 15, Ball Ground resident Linda Flory emailed Cherokee County School District Spokeswoman Barbara Jacoby requesting a copy of the letter. 

Jacoby informed Flory her office did not have a copy of the record and that she emailed Geist on Nov. 18, asking him to email her a copy of the letter by Nov. 20 so she could fulfill the request. 

Flory then followed up with a third formal request to Geist on Thursday, Nov. 21 and directly asked the board member to turn over copy of the letter. Geist on Friday, Nov. 22 responded to Flory by saying he received the request and would respond.  

On Wednesday, Geist told Flory that after consulting with School Board Attorney Tom Roach and "outside counsel," it was his conclusion "that the Open Records Act is unclear with respect to how it may apply to unofficial actions of school board members."

Geist, who noted he's been a longstanding advocate of transparency, then went onto to calculate how much he would charge to obtain a copy of the letter. 

Geist wrote that he'd charge $25 to make the record available. However, he offered to reduce the fee to $10 to make the letter available once he receives the payment or "alternatively, I will provide you with a copy of the document at no charge immediately following the Dec. 5 meeting of the Board of Education." 

The board member sent the same proposition to Canton resident Garrett Jamieson. 

The Open Records Act allows governmental agencies to use the "most economical means reasonably calculated" means to find and turn over public records.

The cost for the search and retrieval of records cannot "exceed the prorated hourly salary of the lowest paid full-time employee" and agencies cannot charge more than $.10 per page for copies of letters or other legal sized documents. 

Agencies are not allowed to charge for the first 15 minutes of the total time it takes to find the records. 

Geist on Friday reversed his position. 

"(It) has been brought to my attention that while the Open Records Act does allow for those fulfilling a request to recoup related costs, the law also prescribes that there shall be no charge for time under one-quarter of an hour," he wrote in his email, which included a copy of the letter. 

Geist did not return requests for comment on the emails. 

Marlow was indicted on four counts of making false statements in relation to allegations that Superintendent of Schools Dr. Frank Petruzielo tried to run her and two others over after a June school board meeting.

Robert Trim, Marlow's partner and political advisor, was indicted on three counts of making false statements. Barbara Knowles, secretary of the Cherokee County Republican Party, was indicted on one count of filing a false report and four counts of making false statements.