Kamloops school district loses bid to snub public information request

The Kamloops-Thompson School District is being forced to follow through with a Freedom of Information request after it tried to ignore the matter then claiming the applicant was threatening and harassing staff.

It argued the company’s owner was merely looking for information as part of an “ongoing campaign” against the district because he didn’t get a construction contract. Despite the school district’s claim he was “using freedom of information as a weapon,” the Office of the Information and Privacy Commissioner wasn’t convinced.

“The school district seems to be saying the respondent’s behaviour is vexatious because he sent follow up emails and went to (the commissioner) for help,” an adjudicator’s June decision read.

The unnamed company had bid on electrical work at two Kamloops elementary schools and its initial award for the work was later revoked, according to the decision.

It then filed two related Freedom of Information requests, both seeking information about the contract and records of communications from School District 73. The district responded to his first request last December, but it tried to ignore the next one three months later.

Adjudicator Hans Hwang dismissed the district’s claims his requests were “in bad faith, malicious and motivated by a desire to harass,” and tossed its effort to ignore the request. It didn’t have enough evidence to suggest the company was vexatious or that finding the records would be an unreasonable burden on district staff.

“Instead, I see a genuine desire to gain knowledge and gather information relevant to the tendering process. In my view, this is a legitimate motive for seeking access to information,” the decision read.

On June 13, the privacy regulator ordered the district to follow through with the request.