By Robert Anglen
The Cincinnati Enquirer

The Cincinnati Enquirer filed a federal lawsuit Thursday accusing the Cincinnati Board of Education of civil rights violations over the way it selected and hired a new school superintendent last month.

The suit alleges the board's seven members, a Milwaukee recruiting firm, new superintendent Alton Frailey and three other finalist candidates conspired to keep the candidates' identities confidential by using aliases, accepting cash payments for travel expenses and withholding resumes.

"It certainly seems to have been a calculated course of action. They set out to make sure these names were not publicly released," Enquirer lawyer Jack Greiner said Thursday. "They tried to avoid their responsibility under state and federal laws in a real calculated fashion."

The suit, filed in U.S. District Court, seeks unspecified punitive and compensatory damages and legal fees.

A separate action filed with the Ohio Supreme Court asks that the school board be forced to release records identifying the candidates and their backgrounds that the newspaper requested on several occasions.

Superintendent Steven Adamowski announced in June he was leaving his post. Board members immediately launched a search for his successor.

On Thursday, they defended their strategy and the methods used to find Mr. Frailey, an assistant superintendent from Houston. Board members said the process was to ensure Cincinnati Public Schools got the best superintendent possible.

"I am disappointed," school board member Harriet Russell said. "There was no attempt on my part to conspire or deceive. We had a quality process. It will be for the court to decide on the definition of what is public."

Board member Florence Newell said the search had to be kept confidential or the district would not have been able to find candidates.

"I am convinced that Mr. Frailey and others would not have applied if their names had become public," she said. "I am convinced that Mr. Frailey will be an excellent superintendent and the action we took was worth the lack of disclosure."

Enquirer editor Ward Bushee said the board's action was unlawful.

"It's an aggressive lawsuit that reflects the nature of the school board's actions, which was to hide the hiring of the superintendent from the people who pay taxes," he said. "The lawsuit has nothing to do with the person who got the job."

The lawsuit says that Mr. Adamowski and a representative from Proact Search Inc., an executive recruiting firm, asked members of the Enquirer's editorial board in July not to exercise its right to review resumes and information about the candidates.

The newspaper declined to agree and filed requests for the documents under the Ohio Open Records Act.

The suit alleges that Proact and the school board:

Mailed memos to superintendent finalists addressed to fictitious names.

Instructed candidates, in Cincinnati to interview for the job, to check into a hotel under false names.

Reimbursed finalists in cash for travel expenses.

Wrote notes about each candidate using numbers rather than names to hide identities.

A fifth finalist, Joseph J. Wise, chairman and CEO of Orlando, Fla.-based eSchool Solutions, readily submitted his resume for public inspection and was not named in the lawsuit.

First Amendment legal experts said that the newspaper was right to sue the school board.

"This will have to be called the school board's pre-emptive doctrine," said Paul McMasters, First Amendment ombudsman for the First Amendment Center in Virginia. "Not only does this action cut out our citizens, but it exposes citizens to expensive lawsuits that are unnecessary."

E-mail ranglen@enquirer.com