Tatro's pay released, other details withheld

The amount of compensation Clayton Tatro will receive under an agreement to end his employment as Fort Scott Community College president was released Tuesday following an open records request made by The Tribune last week.

However, only a portion of the request was granted.

The portion of the agreement released by the college states:

"Pay Dr. Tatro as a severance payment the sum of $75,000, less federal, state or local taxes, Social Security, FICA and reductions previously authorized by Dr. Tatro, in one lump sum, on or before July 31, 2014 as a compromise of the balance due under the terms of the claimed contract of employment.

"Pay Dr. Tatro accumulated vacation leave of 120 hours at the rate of $50 per hour for a total sum of $6,000."

Last week the Tribune also requested a copy of Tatro's original employment contract. The college also has denied that request, according to Jason Hogue, FSCC public relations director.

According to an email Tatro sent the Tribune earlier this year, he was working under a contract that was to run through June 30, 2017. His annual base salary is $103,997, with an additional $15,600 for housing expenses. He also was to receive a vehicle allowance of $12,000. He did not provide any other details.

The FSCC Board of Trustees voted to approve the agreement to end his employment following an executive session held July 28. After the vote, chairman Robert Nelson announced no terms of the agreement would be made public. During a break in the meeting, newly elected board chairman Mark McCoy cited personnel matters as the reason the information would not be released.

On Friday, FSCC's attorney Zachery Reynolds told The Tribune the only portion of the agreement that most likely would be released would be the financial compensation, which he said is a matter of open record.

"There are two general issues," Hogue told the Tribune Tuesday. "The public has a general desire to know the numbers we've sent to you, and you would like some accountability."

He said Reynolds has stated both agreement documents are protected as personnel matters and they will not be released. Hogue said no Kansas State Statute was cited for not releasing either agreement. Reynolds is not available this week.

"We think we are following the law," Hogue said.

Kansas State Statutes cite an exemption that makes employment agreements open records.

"Statute 45-221: Certain records not required to be open; separation of open and closed information required; statistics and records over 70 years old open.

(a) Except to the extent disclosure is otherwise required by law, a public agency shall not be required to disclose:

(4) Personnel records, performance ratings or individually identifiable records pertaining to employees or applicants for employment, except that this exemption shall not apply to the names, positions, salaries or actual compensation employment contracts or employment-related contracts or agreements and lengths of service of officers and employees of public agencies once they are employed as such."

The statute was provided to Hogue last week.

"The college attorney is saying something different," Hogue said Tuesday.

"Well, they're dead wrong," Mike Merriam, attorney and legal consultant for the Kansas Press Association, said. "The statute is very explicit and it includes employment related contracts. They have to be disclosed. I don't understand their reasoning."

When told college officials are citing personnel matters, Merriam said, "Nonsense. It's the very same statute."