. HZUNWC St wt 0 
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Portland, OR 97209?4128 perkinscoierom

Thomas R. Johnson
TRJohnson@perkinscoie.com
D. +1.503.727.2176

F. +15033462176

May 10, 2017

VIA EMAIL AND U.S. MAIL

Tom Koehler, Board Chair
Portland Public Schools

c/o Mike Porter

Miller, Nash, Graham Dunn LLP
3400 US. Bancorp Tower
Portland, OR 97204

Re: Background Report and Related Documents Associated with Dr. Donyall Dickey
Dear Mr. Koehler:

This ?rm represents Dr. Donyall Dickey with respect to his recent withdrawal from
consideration for the position of Superintendent of Portland Public Schools, and the protection of
certain private information about Dr. Dickey obtained as part of the vetting process for that post.

As part of that process, and to help the Board in reaching a ?nal determination on whether to
offer employment to Dr. Dickey, Portland Public Schools commissioned the preparation of an
advisory report regarding Dr. Dickey?s past employment and personal background. That report
contains numerous details about Dr. Dickey?s history, including aged incidents that resulted in
criminal and civil judgments against Dr. Dickey. Although these incidents occurred years ago,
and were minor in nature, the speci?cs presented in the report, and the associated narrative
regarding those events, are highly personal, and would tend to cause embarrassment and harm to
Dr. Dickey?s professional reputation if they were made public. For these reasons, including of
course the fact that Dr. Dickey has withdrawn his name from any consideration for employment
with Portland Public Schools, the report is exempt from public disclosure under Oregon?s Public
records laws. See ORS 192.502(2) (personal information exemption); ORS 192.502(1)
(communications within a public body that are advisory in nature and preliminary to ?nal agency
determination to the extent there is a public interest in frank communication that outweighs
public interest in disclosure).

It is my understanding that Portland Public Schools has received requests to publicly release the
full contents of Dr. Dickey?s background report, but that, to date, it has declined to do so. In
light of the potentially serious harm to Dr. Dickey that could result from the release of this

31656813.l

Tom Koehler, Chair Portland Public Schools Board
May 10, 2017
Page 2

information, the minimal public interest in obtaining personal information about a candidate who
is no longer seeking employment with the district, and the Board?s interest in preserving its
ability to communicate internally in a frank manner about future candidates, Dr. Dickey
respectfully requests that Portland Public Schools continue to keep the full contents of the report
private.

If you require any additional information from us, or if you have any questions, please contact
me.

Yours sincerely,

omas R. Johnson

cc: Jessica Gorton, Interim Records Manager

316568111

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