Board of Education Meeting, December 9, 2021

 

https://www.youtube.com/watch?v=I5P4N4NqgdQ&list=PL4585E4C6234DE895

 

[Note: the meeting starts about 15 minutes late]

 

After general announcements, board prayer and pledge of allegiance, and roll call [NOTE: it is not possible to hear who is absent or present], the board unanimously approves the adoption of the agenda and the meeting minutes from the November 18 meeting. The PGCPS newsbreak is about the school system’s vaccine clinics.

Miller provides the Report of the Chair, congratulating Douglass High School for winning the 2A football state championship. There is a moment of silence for staff/students/family members. Miller then recognizes Ed Burroughs for his service, noting that after 13 years on the board, he has resigned. She notes they invited him to the meeting to receive a plaque but he was not feeling well so they will schedule for another date.

Goldson next gives the Report of the CEO. She also congratulates Douglass HS on their recent championship win as well as Northwestern High School for winning the 4A state soccer championship last month. Henry Wise football team also receives recognition for going 12-1 over the season. Goldson reports that school vaccination clinics are still being offered throughout the county, so don’t miss your shot. PGCPS teacher Keishia Thorpe received a proclamation from the state of Maryland. Finally, the application deadline for specialty high school programs has been extended to January 7.

 

Gregory Morton, chair of the Ethics Panel, presents the annual report of the panel [presentation is available on BoardDocs]. He notes he will answer any questions from the board in writing but will not be taking questions after the presentation. Loading the correct Powerpoint presentation takes some time as there is confusion about finding the correct presentation. Ahmed suggests they move on with the agenda, and the board could review the presentation slides on their own and provide questions to the Ethics Panel. Miller responds that no, this is a public hearing, and it needs to be in the public.

The correct presentation is loaded, and Morton begins by explaining that the State of Maryland enacted a Public Ethics Law in 1957, which was most recently amended in 2020. The BOE is required by state law to have ethics policies concerning conflicts of interest, financial interest disclosures, lobbying, and have an ethics panel. Board policy 0107, written in 2012, guards against improper influence and sets minimum standards for conduct. The five-member ethics panel is approved by the BOE. The current members are the chair, Gregory Morton (member since 2015), Trelaunda Beckett-Jones, Shaunda Fennell-Cobbs, Rhonda Edwards, and Patricia Rosier, and their legal counsel is Leslie Stellman. Most the panel members are lawyers.

Morton continues that the work of panel includes providing advisory opinions re: application of Policy 0107, investigating sworn ethics complaints, ensuring due process, and providing findings re: complaints. Findings can include dismissal of the complaint if the claims are insufficient or holding a hearing on the complaint and providing recommendations. Their other statutory duties include reviewing financial disclosures and lobbying registration. The ethics panel has a commitment to do the right thing based on facts, respond NOT react, and not engage with the media. Morton asserts the panel is fair and balanced and committed to the law and the public.

Over the last year, the Ethics Panel received 15 sworn complaints, most of which were made via the fraud/waste/abuse hotline. Of those, one was determined to not be within the jurisdiction of the panel, seven were dismissed, and seven were found to have merit. This has been the busiest year for the panel since Morton joined.

The process that the panel follows when receiving a signed and sworn complaint is to determine if they have jurisdiction under policy 0107, send interrogatories and requests to respondents and witnesses, and set up a hearing so respondents can respond to the panel’s draft findings (at which they can have representation). In five cases this year, none of the individuals participated in the hearings, which were held in July. Another two cases with hearings this month also had no participants. Instead, Morton notes, some went to the media to discuss cases that were supposed to be confidential. The process requires cooperation and good faith; the panel can only go on the information they receive. There has not been cooperation this past year, and the findings issued by the panel have had to rely simply on the information they have.

Morton then outlines challenges faced by the panel. These include the non-cooperation of board members and witnesses. Policy 0107 did not anticipate those problems. He points out confusion over voting procedures. The accused leaked findings. He continues that the ethics panel members are non-compensated volunteers but in July, the panel members were individually sued for thousands of dollars for allegedly leaking the report. Later that month, the plaintiff added the BOE as a defendant. The plaintiff agreed to dismiss the case with prejudice, meaning the defendants cannot be sued again. This is case CAL 21-08530.

The identified sources of the panel’s report are:

Ed Burroughs

Glenn Ivey

Shayla Adams-Stafford

Raheelah Ahmed

The talking points in the media were: ethics panel leaked findings to public and press, report was riddled with errors, panel is politically motivated, ignored thousands of documents from board members, and the panel’s legal counsel was illegally appointed.

Ahmed raises a point of order, asking if correspondence between legal counsels can be revealed. Miller states Ahmed is out of order. He is presenting a report.

Queen states that she agrees with Ms. Ahmed that Morton should answer questions at the meeting. He doesn’t get to tell us what to do. We are the board. We should be able to ask questions. Miller asserts that the board is not going to be rude. There is a procedure to ask questions.

Ahmed continues that she just wanted to raise a point of order. Procedurally she is allowed to raise those points.

Morton continues that the ethics panel has remained neutral and has not been leaking findings. The panel is discouraged by the lack of cooperation and contempt.

The Maryland Education Inspector General is not interested in complaints about the panel but is looking at the complaints concerning the board.

He then provides some suggestions that include enhanced ethics training for the board members, updating policy 0107, increasing the panel’s authority to investigate, clarifying rule changes, and requiring full BOE approval before initiating litigation against the panel. He implores the board that if there are challenges to the panel’s tentative findings that they participate in the hearing process rather than litigate it in the press.

Morton ends that there are consequences to the board’s behavior. He explains that his children attended PGCPS schools and had positive experiences throughout their careers. But “if we don’t expect the best from our leaders, how can we ask our children for their best.”

Miller then states that board members need to be able to ask questions and calls on Queen.

Queen asks when can members vote or not vote on a report or panel findings? Morton replies Policy 0107 guides us and should guide the board. He knows the board has been without legal counsel for some time, but he recommends members speak with a lawyer. Queen replies “my attorney sits high and looks low.”

Ahmed states you have been on the panel for the last 6 years and during that time have you presented a report to the board? Morton states, yes, in 2018. You were there and you asked a question. Ahmed replies this was just a 30 minute defense of the panel’s work, and the chair gave you that platform. Are you aware that only the board can dismiss complaints? Morton replies that there were 7 findings with a recommendation for dismissal that we sent to the chair. Ahmed requests that Miller send those dismissal findings to the entire board for review. She then asks Morton why the panel is making judgements based on other policies like 0108? Those are not the purview of the panel. Morton states if it touches ethics they can review.  Ahmed comments that this has been shocking to her, continuing we literally just got this hot off the press right before this meeting.

Adams-Stafford is next recognized. She asks if Morton was aware the panel report was leaked to politicians. Morton stated the tentative findings were released to the respondents, and he has no knowledge of how others got those findings. Adams-Stafford continues asking if Morton thinks it is good practice to put confidential hard copy reports in open mailboxes? Morton replies we learned from that. Adams-Stafford admonishes Morton to stop interrupting her and then asks if he was aware of the recent Washington Post article referring to the “error riddled” ethics report. Morton notes any errors could have been corrected if the members had participated. Adams-Stafford asserts members could have participated if afforded the opportunity within the 30 day period but that did not happen.

Williams then thanks Morton and the panel for their service. She is sorry for their experience over the past year.

Thomas asks when legal services were provided to the panel. Morton replies he cannot speak for general counsel and asks that Thomas submit his questions in writing and he will provide a detailed explanation. Thomas states that to date over $70,000 has been paid to the ethics panel’s counsel, but procurement policy caps it at $25,000. He notes that the board is required to appoint legal counsel for the ethics panel when PGCPS general counsel has a conflict. He asks what the conflict was that prevented general counsel from representing the ethics panel. Morton states that again, he cannot answer for general counsel.

 

Next on the agenda Belinda Queen’s presentation of the Progress Report and FY 2023 Operation Budget Work Session & Public Hearing Recommendations as chair of the Operations, Budget & Fiscal Affairs Committee (OBFA).

 

Ahmed then presents Policy & Governance Committee Recommendations regarding recission of:

5110 – Public School Choice Transfer Option

5119.5 – Adult Education Tuition Waiver: Senior Citizens

5140 – No Child Left Behind

6157 – Study Habits.

The committee also presents new draft policies for Indigenous Peoples’ Land Acknowledgement and Inclusive Environments for LGBTQIA+ People.

Boozer-Strother and Valentine thank Ceron-Ruiz for his leadership on the LGTQIA+ policy.

 

Public Comment is next.

Angela Martinez Portillo of Hyattsville Middle School states that her school breaks the law every day by not providing a safe environment for students. There is sexual harassment and violence happening every day, and there is no protection for students. When I went to my school counselor, she said there is only so much we can do. It seems the administration wants to sweep issues under the rug, but how can students feel safe when there are no consequences? How many adults do students have to ask for help before something is done? Suspension is just a vacation.

Victor Villata of Flowers High School stresses the need for public transportation connectivity to PGCPS schools so that students have safe ways to get to school.

Zoe McCall of the Academy of Health Sciences speaks in support of the LGBTQIA+ policy.

Joseph Jakuta, who has been participating in the climate change workgroup, advocates for the creation of a climate officer in PGCPS in the FY 2023 budget.

Several speakers testify in support of the extension of the charters for Imagine Lincoln and Imagine Foundations at Morningside Public Charter Schools.

David Brosch asks that PGCPS place a moratorium on any further installation of turf fields, noting the maintenance costs, health and environmental concerns.

 

Goldson then presents item 4.1, which is the FY 2023 proposed operating budget that is aligned to the system’s new strategic plan. [A copy of the presentation is available on BoardDocs.] Her budget incorporates the priorities developed by the board. Goldson notes they expect changes in funding due to Kirwan and COVID. The projected operating budget is $2.6 billion with a gap of $10.5 million that they expect to close through central office reductions, redesigning alternative schools, changing workers compensation/unemployment, and changing the fund balance. Her budget provides critical investments in mitigating the effects of interrupted instruction due to the pandemic, mental health supports, raising substitute teacher pay, redesigning alternative schools, school facilities maintenance, increased secondary school funding, and maintaining 1:1 school devices.

Scheduling public hearings regarding the budget is next discussed. Queen notes the OBFA committee had proposed 2 in person and 1 virtual but the administration is proposing 3 virtual. Williams replies that due to the omicron variant plus greater participation in virtual settings the decision was made to do all virtual. The board approves holding three virtual hearings.

Board members then provide comments and questions to the administration on the budget.

Williams states she would like to hear more about the zero-based budgeting pilot and its differences from the current student-based budgeting model. She is also looking forward to hearing about equity budgeting. Her other questions are regarding changes to locked/unlocked positions this year and if they can have a breakdown of funding with Kirwan/COVID vs. normal funds.

Adams-Stafford has questions about the redesign of alternative schools and has there been consideration of using text/virtual supports?

Queen speaks in support of mental health supports. She asks how many people are waiting to be registered and could that impact the number of students who have left the system?

Valentine asks staff to identify how the budget brings us closer to the 2026 strategic plan and goals. He is also concerned about the drop in enrollment.

 

Budget consent items are next, with items 5.7 and 5.8 separated.

Items 5.1 through 5.6 include: January 2022 Expenditure Requirements; FY22 Tax-Exempt Municipal Lease/Purchase Financing for replacement of Buses, Textbooks, Computers; and Contract Awards for Mental Health and Behavioral Supports, Autism Coordination Services, Stepping Stones Group LLC and Progressus Therapy LLC, and Social Studies Curriculum Audit. These pass.

Item 5.7 is for the ACF/Blueprint Schools Phase 2 Technical Advisor Contract Approval. Item 5.8 is the ACF/Blueprint Schools Phase 2 Financial Advisor Contract Approval.

Ahmed states she will not be supporting 5.7 or 5.8. We have two staff members to oversee the ACF project and an entire staff who work on capital projects. Why are we approving $4.5 million more for consultants for work that could be done in house? P3 is costing more and it doesn’t make sense to me.

Goldson responds that this is for the new tranche of funding from the state for another round of ACF built schools. Washington adds that yes, this is phase 2 with state money provided. There are five counties involved. We believe a technical advisor would help the system save money. One of the big cost drivers is site conditions. Currently, PGCPS does not have the capacity to protect the school system and make the best deal.

Williams states that when she joined the board in 2014, she was shocked to hear there was an $8 BILLION gap in construction funding. PGCPS is not in the business of building schools, we are in the business of educating. Using the combination of ACF/modular construction/and traditional financing-construction is bringing 10 new schools online in 5 years. This second round is state funded.

Adams-Stafford asks if the $4.5 million is for staff salaries? How long will they be working? What are the deliverables? Washington answers that the RFP that was sent out in July outlined the consultants would be on board for three years and deliverables include a swing space plan.

Boozer-Strother notes her support, particularly of the creation of a swing space plan and the review of 20 sites. We know from our experience building the 6 new middle schools, this is complicated. The swing space issue was well known, and it has been extremely difficult for current families impacted.

Williams asks for clarification on the gross maximum price. Washington explains that the $4.5 million is a not to exceed cost. That puts the risk on the advisors. If they exceed the number of hours, it is on them. If they go below the estimated number of hours, we don’t pay.

On item 5.7, Ahmed is the sole no vote.

On item 5.8, Ahmed votes no and Harris abstains.

 

Second reader includes 6.1, Request to Extend Public Charter School Agreements for Imagine Lincoln Public Charter School and Imagine Foundations at Morningside Public Charter School.

Harris speaks in support of the extension.

Ahmed states she will vote for a 1-year extension but without a significant improvement in academic indicators, she will not be in support next time.

Queen explains she will support Harris, who is elected to represent the district in which these schools are located.

Valentine asks how they plan on addressing the deficiencies at the schools.

The 1-year extension passes unanimously.

 

The motion to approve actions taken in executive session carries.

Miller explains that the board will be working to hire a new board chief of staff.

 

The meeting is adjourned.