Committee Members Present: Others Present:

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1 MINUTES OF THE SCHOOL BOARD OF MIAMI-DADE COUNTY, FLORIDA ETHICS ADVISORY COMMITTEE MEETING FRIDAY, APRIL 29, :45 A.M. - CONFERENCE ROOM 916 SCHOOL BOARD ADMINISTRATION BUILDING Committee Members Present: Mr. Frederick F. Thornburg, Esq., Chair Dr. Susan Angulo Mr. James Howe, Jr. Ms. Jane Moscowitz, Esq. Ms. Daneen Regna Absent Dr. Susan Mullane, Vice Chair Judge Seymour Gelber, Esq. Others Present: Dr. Robert Ingram, Vice Chair, School Board Member Dr. Marta Pérez, School Board Member Mr. Carlos Becerra Administrative Assistant to Mr. Frank J. Bolaños Ms. Charlene Burke, Administrative Assistant to Ms. Ana Rivas Logan Ms. Lubby Navarro, Administrative Assistant to Ms. Perla Tabares Hantman Ms. Marisa Toledo Quesada, Administrative Assistant to Dr. Marta Pérez Mr. Martin Berkowitz, Chief Financial Officer Mr. Allen Vann, Chief Auditor Mr. Luis M. Garcia, Senior Assistant Board Attorney Ms. Lourdes Amaya, Administrative Aide Ms. Elsie Montijo, Administrative Secretary Ms. Alysia Carr, Administrative Secretary Mr. Robert Meyers, Miami-Dade Ethics Commission Mr. Paul O Dell, Chairman, Community Council #5 Ms. Susan Kairalla, Parent Mr. Adolfo Perez, Parent

2 Page 2 of 7 I. CALL TO ORDER The meeting was called to order at 8:45 am II. INTRODUCTION Mr. Thornburg welcomed Dr. Robert B. Ingram, Vice Chair of the School Board and Dr. Marta Perez member of the School Board and thanked them for coming. Mr.Thornburg also welcomed to the Office of Management and Compliance Audits two new staff members Ms. Lourdes Amaya and Ms. Alysia Carr. Mr. Thornburg informed the Ethics Advisory Committee (EAC) that Mr. Paul O Dell, Chairman of Community Council #5 will be coming to discuss his Community Council s concerns about the School Board s inability to attend zoning meetings and the importance of the School Board s participation. This concern is also shared by several other Councils. Dr. Ingram advised Mr. Thornburg that by coincidence and fortitude at the April 13, 2005 School Board meeting the issue was addressed, but the jury was still out as to whether the Board s resolutions to the problem will be effectively implemented. Mr. Thornburg thanked Vice Chair Ingram and said that he was not aware of the Board s action at the time that he added Mr. O Dell to the agenda. Dr. Perez commented that there were three employees who were responsible for going to the community council meetings, and until now, the Board was not able to make recommendations. Dr. Perez also brought copies of Board item F-7 that was unanimously passed at the April 13, 2005 meeting that will allow staff to start to make recommendations on residential zoning and comprehensive plan amendment applications that impact on public schools. Dr. Angulo spoke about the School Site Planning Committee that meets with representatives of local communities to discuss impacts on schools, where schools should be built and where land should be purchased. The difficulty is that developers often prefer to construct buildings that are more profitable than schools, while cities will often want to have businesses that generate taxes, as opposed to schools that do not. Dr. Angulo concluded that while Broward and Palm Beach County have county ordinances that help those respective schools districts in these endeavors, Miami-Dade County does not. Mr. Thornburg said that he will allow Mr. O Dell to make his presentation because it was reportedly a significant topic at a meeting of all the Community Councils who had convened for purposes of ethics education. The issue of the alleged failure of the School Board representation was brought up by Mr. Robert Myers Executive Director of Commission for Ethics at the meeting of the Community Councils. The EAC asked staff to inform him of the item that was passed at the last board meeting when he arrives.

3 Page 3 of 7 III. APPROVAL OF MINUTES FOR THE FEBRUARY 11, 2005 MEETING Mr. Thornburg gave accolades and complimented staff on the minutes. Ms. Regna made a motion to approve the minutes of February 11, 2005, which was seconded by Ms. Moscowitz and carried unanimously to accept the minutes as submitted. IV. REVIEW OF DRAFT OF CODE OF ETHICS GOVERNING OUTSIDE ENTITIES AND PERSONS DOING BUSINESS WITH THE SCHOOL BOARD Dr. Angulo said she had looked at literature from other school districts to find out what their current policies were. The best model appeared to be the Los Angeles Unified School District Contractors and Consultants Code. She noted some relevant points and compared and contrasted it with Miami Dade County s policies. Dr. Angulo encouraged the EAC members to read the document and to provide input at the June meeting. Ms. Moscowitz voiced concerns about any possible conflicts with other School Board documents and state laws. Mr. Thornburg asked someone from the attorney s office go over the draft to assure nothing in the proposed is in conflict with any state laws or School Board Rules. Mr. Thornburg asked Mr. Luis Garcia of the Board Attorneys office to provide feed back at the EAC June meeting as he did not want the EAC being blindsided again. As was the case with the previously passed code of ethics and certification. In that respect, the EAC had been advised by the School Board Attorney all conflicts between the code and other School Board Rules has been reconciled. Nearly a year later, the EAC was informed by the Assistant School Board Attorney that conflicts continued to exist. Dr. Angulo mentioned some things that were intentionally left blank on the draft for lobbying rules and asked what financial limits the EAC would like to make. She stated that in Los Angeles if there is a question, there is a person who they can direct questions to. Mr. Thornburg recommended that an Executive Director ( Ethics Officer) be hired for this position in Miami-Dade County Public Schools. In this regard Mr. Thornburg liked Mr. Vann s suggestion of using someone already on staff, rather than hiring someone for the position. He also concurred in Mr. Vann s suggestion of ascertaining what functions the Ethics Officer in Chicago and Los Angeles perform. Ms. Charlene Burks requested, on behalf of board member Ms. Ana Rivas Logan, to have contractors disclose if they are represented by any lobbyists. Mr. Thornburg suggested to attorney Garcia to tie the request into the lobbyist s rule that was adopted by the board. Ms. Moscowitz reminded the EAC that this Code of Ethics was a rough draft and there were some decisions that needed to be made on the draft, and suggested discussing it at the next Code of Ethics meeting. Ms. Moscowitz asked if the Internal Code of Ethics and Certificate of Compliance had passed. Mr. Thornburg stated that the Code of Ethics and Certificate still remain in force, but the problem was the Certificate and Code contain a conflicting provision concerning which department should receive disclosures, i.e., the Human Resources and/or Inspector General s Office. With regards to the new proposed code of ethics for outsiders, Dr. Angulo suggested a compliance certificate. Mr. Thornburg stated that he would draft a certificate after the outsider code is completed. Mr. Vann stated that one of the draw backs to having the Code of Ethics passed was that it was not circulated among district staff prior to its passage by the School Board. He believes that part of the legwork should be done up front so staff will have the appropriate amount of

4 Page 4 of 7 time to review and to work with the attorney s office to make sure there are no conflicting rules. Mr. Vann also suggested to let the Procurement Department look at the document and provide their input, as well as having an expert such as Mr. Carvalho look at the lobbying fees and provide recommendations on strengthening the document. Mr. Thornburg concurred with Mr. Vann s recommendation and requested him to run the finalized draft of the outsider code and certificate, designed to govern dealings between the School Board and outsiders, by the appropriate staff and departments. Mr. Howe complimented the subcommittee for the draft and recommended that in the Lobbying section for setting compensation thresholds, they should use local standards such as applicable county ordinances or ethics provisions. Mr. Luis Garcia from the Board Attorney s Office noted that the Board rules state any monetary compensation. Ms. Moscowitz recommended changing the document to read any monetary compensation or equivalent. Mr. Garcia informed the EAC of the School Board Rule that states you have to produce a code of business ethics and also gives the EAC and Inspector General authority to investigate bidders. Mr. Thornburg asked Mr. Garcia to obtain from Mr. Johnny Brown or Ms. Pat Bass where any conflicts exist between the previously passed Code of Ethics and Certificate of Compliance and the School Board Code of Conduct, as the EAC was advised by the School Board Attorney that all conflicts had been resolved prior to the School Board s passage of the code and certificate. Subsequently, Ms. Bass surprisingly advised that conflicts continue to exist. Ms. Moscowitz suggested that it may be prudent to have an Ethics Officer. This person would devote a few hours a week to the EAC, but be available on every level to students, teachers and administration, and the community where people can address a confidential inquiry. The public needs to be able to address their questions, and they should also get a pass if they contact the ethics officer, who blessed the decision, if later on someone decides it was a bad decision. As evidenced by the flavor of the Grand Jury Report and the Miami Herald s reporting, Mr. Thornburg stated the perception of the school system amongst the general population is not good and he feels that assigning an Ethics Officer telegraphs to the community that we care and it will help the EAC do its job. He opined that Mr. Vann s suggestion, to hitch hike off of an existing position to serve as an Ethics Officer is an excellent one. It is important that we have someone in the school system community to whom employees can go to with ethically related issues. Mr. Martin Berkowitz, commented on the budget of $5 billion which includes capital and construction. He noted, however, that the actual operating budget is closer to $2.5 billion of which 92% is spent on the schools. He questioned whether there is available funding for an Ethics Officer. Therefore, he had concerns about creating a new office for the position but agreed that hitch hiking off of someone already on staff is a good idea. Mr. Vann stated that a major issue is where the position should be sited. Should it be in the Inspector General s office? The School Board Attorney s office? Or the Office of Professional Standards? He agreed that we should definitely designate someone maybe not at zero cost but a zero staffing increase. Mr. Thornburg invited Mr. Berkowitz to the workshop on May 26, Mr. Berkowitz accepted the invitation, and stated that he supported the idea of an Ethics Officer and wanted to do it well and at an appropriate cost. Mr. Thornburg requested to recirculate Mr.

5 Page 5 of 7 Vann s earlier memo on the Ethics Officer position and also requested that Mr. Vann s office engage in further research to determine how other systems use an Ethics Officer and the attendant costs to the position. Ms. Moscowitz recommendation was to put the position in the attorney s office. Mr. Thornburg expressed hope to reach an acceptable comprise on the issue at the May 26, 2005 workshop meeting but cautioned that the important notion of appointing an Ethics Officer may take time to promote and sell. V. ETHICS ISSUE ARISING OUT OF FAILURE OF SCHOOL BOARD ATTENDANCE AT COMMUNITY COUNCIL MEETINGS Mr. Paul O Dell, Chair of Community Council No. 5, voiced the concerns of the various Community Councils as were expressed at a training for the Councils conducted by Mr. Meyers. He described how hard it is trying to make zoning decisions affecting schools, roads, sewers, and other infrastructure that impact M-DCPS and the students. He brought a sample School Board letter that he received in one of the Council meetings. He noted that there is a lot of developmental land in unincorporated Miami-Dade and it seems everyone interested is well-represented except for the School Board. Mr. O Dell said that Council Members know the schools are already over capacity, yet they often do not have access to needed information affecting schools. While they have parents/pta s participation at Community Council Zoning meetings, they do not have any School Board representatives that can answer questions and provide needed information in order to provide a predicate for making better decisions, which impact students and the school system. Mr. O Dell said they were provided with a formula that is used to set impact fees and he asked if this formula has been updated. Mr. O Dell expressed concern about the delivery of education services and questioned the currentness of the available data. In summary, he indicated the need for good information to make good decisions, for the students, the district, and the community. Mr. Berkowitz noted that a bill is being introduced at the State Legislature, which places specific requirements between the school and the county so there is consistency in planning between the county and school mechanisms for each county across the state. Mr. Berkowitz also mentioned a board item that was brought last month to enhance cooperation and communication among various planning boards around the county to ensure consistency. At last month s Board meeting, a $3.3 billion dollar five year capital plan was approved, which includes building tens of thousands of additional student stations that will alleviate the over crowding Mr. O Dell was concerned about. The Chair commented that it appears the biggest concern from Community Council is that there is no input from the School Board at Council meetings when the Councils have questions concerning pending zoning applications. He observed there may be a resolution to the problem since he understands that at the last School Board meeting they authorized staff to submit opinions and attend meetings. However, the EAC concurred that maybe a letter should be sent to the appropriate parties on behalf of the EAC to formally make them aware of the situation. Mr. Berkowitz commented that when they put the capital plan together there were 30 public meetings held around the county and the plan did change based on input received from the community. One of the objectives of the Superintendent is everything that we do will be

6 Page 6 of 7 totally transparent as the administration has nothing to hide. If there are suggestions on how to enhance the issue of transparency, the administration will entertain them. Mr. Thornburg felt there was a light at the end of the tunnel as the Board has a plan and the Councils will get the right assistance to effectuate that plan. In light of the Board plan, it was felt that the need to send a letter was probably obviated. VI. STATUS OF WHISTLE-BLOWER PROPOSAL UPDATE Mr. Garcia informed the committee that at the April 13, 2005 meeting the School Board passed an initiative, proposed by Dr. Marta Perez, to initiate rule making on the School Board Whistle-Blower Act. Mr. Garcia requested the EAC members to look over the document and provide their input before the next board meeting on May 18, Mr. Garcia noted that he had received input from Mr. Vann and the document was also given to the Inspector General and he was currently waiting on a response from Mr. Cousins. Mr. Thornburg requested the EAC to look over the document and give any recommendations to Mr. Vann to submit to the School Board Attorney s office. The Chair digested several specific issues and points which he harbored about the proposed act. Never the less, he fully endorsed the need for passing a whistle-blower rule. VII. DISCUSSION OF MAY WORKSHOP TOPICS Mr. Thornburg wanted to include what he considers two important items on the agenda for May 13, The first item is finalizing the agenda for the Code of Conduct workshop and the second item is working on the Contractor s and Consultant s code of Conduct. He requested the current status on the Code of Ethics, and asked Ms. Regna to provide a synopsis of what has been accomplished during the past three years by the EAC. Mr. Thornburg also requested copies of the December 10, 2004 progress report, as well as the January 13, 2005 memo concerning the Executive Director position or Ethics Officer position to be brought to the May 13 meeting. Mr. Thornburg also wanted to entertain the issue raised by Judge Gelber to expand the number of the committee members VIII. OTHER BUSINESS During the presentation of the minutes Dr. Perez announced that the Miami-Dade County School Board was honored in San Diego with the Magna Award 2005 Grand Prize, which is the biggest award for the School Boards in the nation. Dr. Perez noted that at the May 18, 2005 board meeting the Board will be presented with a plaque. Dr. Perez invited the members of the Ethics Committee and the Inspector General to attend, as the School Board could not have won the award without their contributions. Mr. Thornburg encouraged everyone from the EAC to attend the Magna Award Ceremony as it is a major recognition for the school system. He added that he was most thankful to Dr. Perez and Dr. Ingram and everyone on the School Board for championing ethical issues and for passing and establishing the Ethics Committee and for adopting the Code of Ethics and Certificate of Compliance as well as the various rules which the EAC recommended to the Board, (e.g., the nepotism, lobbying, double dipping rules, etc.)

7 Page 7 of 7 Mr. Howe suggested that at sometime in the future the Ethics Committee take a look at whether the committee should support or in any way articulate their perspective on compensation of School Board members. The EAC would provide a truly independent view on School Board compensation. There was some discussions as to how the compensation is set and Mr. Garcia noted that there is a statute that sets forth the amount of compensation a School Board member can receive, and provides for increases but must be voted on by the School board. Mr. Thornburg thought Mr. Howe s idea was terrific and asked Mr. Garcia to obtain a copy of the statue for the next EAC meeting. The Chair opined that he suspected an investigation would indicate that the number of hours devoted by School Board members divided by their compensation may reveal they earned something less than minimum wage! He also suspected that their compensation was not representative of their hours of effort and responsibilities. IX. NEXT SCHEDULED MEETINGS The next meeting is scheduled for Friday, May 13, 2005 at the School Board Administration Building Conference Room 916, at 8:30 a.m. Friday, May 26, 2005 Superintendent, School Board Members and EAC Members Workshop at the School Board Administration Building Conference Room 916, 8:30 a.m. X. ADJOURN There being no further discussion the meeting was adjourned at 10:40 a.m.