Others Present: Committee Members Present:

Transcription

1 MINUTES OF THE SCHOOL BOARD OF MIAMI-DADE COUNTY, FLORIDA ETHICS ADVISORY COMMITTEE MEETING WEDNESDAY, NOVEMBER 9, :30 A.M. - CONFERENCE ROOM 916 SCHOOL BOARD ADMINISTRATION BUILDING Committee Members Present: Mr. Frederick F. Thornburg, Esq., Chair Dr. Susan Mullane, Vice Chair Judge Seymour Gelber, Esq. Ms. Jane Moscowitz, Esq. Ms. Daneen Regna Absent Dr. Susan Angulo Mr. James Howe Others Present: Ms. Evelyn Langlieb Greer, School Board Member Dr. Marta Pérez, School Board Member Ms. Lubby Navarro, Administrative Assistant to Ms. Perla Tabares Hantman Ms. Marisa Toledo Quesada, Administrative Assistant to Dr. Marta Pérez Mr. Luis M. Garcia, Senior Assistant Board Attorney Ms. Mindy McNichols, Assistant Board Attorney Ms. Mariaelena Vidal, Human Resource Officer Mr. Jose F. Montes de Oca, Assistant Chief Auditor Ms. Elsie Montijo, Administrative Secretary Ms. Susan M. Kairalla, Florida School Choice Parent Resource Centers Mr. Adolfo Pérez, Parent

2 Page 2 of 2 I. CALL TO ORDER The Chair called the meeting to order at 8:45 a.m. II. INTRODUCTION OF STAFF AND GUESTS The Chair welcomed everyone to the meeting, asked everyone to introduce themselves and to state the reason for their presence. III. APPROVAL OF MINUTES FOR THE SEPTEMBER 9, 2005 MEETING Ms. Moscowitz made a motion to approve the minutes of September 9, 2005, which was seconded by Dr. Mullane and carried unanimously to accept the minutes reflecting Ms. Moscowitz presence. IV. DISCUSSION OF DRAFT CODE OF ETHICS Mr. Thornburg talked about the Draft Code of Ethics for Outsiders, which Ms. Moscowitz, Dr. Angulo and Dr. Mullane have been drafting diligently, with the valuable assistance of Mr. Garcia. The Chair opened the floor to Dr. Mullane and Ms. Moscowitz to provide a status and for general discussion. Ms. Moscowitz explained that the code is complete with the exception of what is prohibited conduct and some typographical errors. She asked Mr. Garcia if he concurred, and Mr. Garcia answered which he did. Mr. Thornburg expressed concern that lobbyist, developers, attorneys, etc. are not trapped in the code. Mr. Garcia noted that lobbyist are not included in this code, because they are specifically addressed in a separate Board Rule. Ms. Moscowitz and Dr. Mullane offered to revisit the issue to assure that all outsiders in privity with the School Board are subject to the proposed code. Ms. Greer expressed concern on the avoidance of appearance of impropriety and how public officials protect themselves. Mr. Thornburg said he will consider that concern.

3 Page 3 of 3 Ms. Greer pointed out that the minutes of the September 9, 2005 meeting stated that a member of the EAC is selling a program to the system and the EAC endorsed it. Although the member recused himself because he is a member of the Youth Ethics Initiative (YEI), Ms. Greer said she finds the action to be inappropriate. Mr. Montes de Oca and Mr. Thornburg both reiterated that Mr. Howe had recused himself. Ms. Greer said all contractors shall refrain from conduct which they know or reasonably should know is likely to create in the minds of reasonable objective fairminded observers the perception of impropriety. Ms. Greer reiterated that somebody who is a contractor has gone on the EAC for the purpose of selling the system for $500,000 worth of services and has received an endorsement of their personal contractual program from the committee. She said it has to be clearer. Mr. Thornburg agreed with Dr. Mullane that the Code of Ethics for outsiders is not like a criminal code, where every element must be listed, and made reference to the Chicago s code. Mr. Thornburg observed that appearance of impropriety is a tough area, because everyone has different perception of impropriety. Therefore, it could never be defined adequately for everyone. Ms. Greer provided as an example that a vendor to the school system, who is currently selling a product to the school system, should not serve on a committee that gives the recommendations for that vendor s contract.

4 Page 4 of 4 Mr. Thornburg mentioned that perhaps the minutes did not convey the full picture. He stated that YEI is not trying to sell any product, but trying to obtain funds to build an ethical curriculum for the students of the school system. Dr. Mullane pointed out that codes are based on principles and values. She suggested that the values should be reiterated, so that the values are adhered to in this code and provide some examples of how these values play out in the practical world. Ms. Greer discussed how the school board committees operate. She suggested that when the committee recommends to the school board a particular contract it should be known if any members recused themselves, because they had other business relationship with contractor trying to do business with the school system. Mr. Thornburg acknowledged Ms. Greer s concerns and said the EAC will be taken into consideration when dealing with the issue of appearance of impropriety. Ms. Moscowitz explained what Mr. Howe s function is as a board member of YEI and observed that Mr. Howe was not present to defend himself. Judge Gelber question the accuracy of other cities guidelines and noted that they could be just as wrong as the M-DCPS. Mr. Thornburg agreed, but deemed the Chicago and LA Codes to be well-reasoned. Judge Gelber talked about his views on the difficulty of developing conflict of interest rules and how there is no easy answer to solve this conflict.

5 Page 5 of 5 Mr. Thornburg mentioned that he has an idea on how to partially address the concerns expressed by Ms. Greer and he will be sharing it with the subcommittee. Mr. Montes de Oca offered to schedule the subcommittee to iron out the issues on the Code of Ethics for outsiders. Members of the subcommittee said they intend to meet as soon as they research some of the issues. Pursuant to extensive discussions on obtaining opinions on matters of ethical questions, Dr. Perez pointed out that receiving an advisory opinion from the EAC is substantial. Mr. Garcia said school board attorneys can give an advisory opinion, but if the question is considered out of their jurisdiction, it is referred to the Commission on Ethics. Mr. Thornburg mentioned that there should be a vehicle to obtain advisory opinions in ethical issues. He said the question is not who should do it, the attorneys or EAC, but is the concept outlined in a code? V. POTENTIAL ETHICAL ISSUES ATTENDANT TO OIG REPORTING Mr. Thornburg asked Ms. Greer and Dr. Perez to provide an update on the Office of the Inspector General (OIG) issue. Ms. Greer explained that during discussions at the School Board committee meeting, it was discovered that the contract letter of agreement that was executed 2 1/2 years ago between the M-DCPS and DOE Inspector General was not based on statutory authority and the DOE and M-DCPS did not have the authority to enter into that such contract. Ms. Greer stated that Ms. Rico Allison, School Board Attorney, was directed to prepare a response on what the M-DCPS authority is. Dr. Perez stated when the Inspector General was appointed, he was appointed Deputy Inspector General, but at one point during a committee meeting the title deputy was

6 Page 6 of 6 removed and that is where the technicalities began. Dr. Perez also stated that the payments of salary were received from the wrong entity. Ms. Greer then explained that a letter was written to the Members of the PreK-12 Committee of the House of Representatives, seeking clarification. Mr. Thornburg requested a copy of that letter. Mr. Garcia responded that as soon as it is public record it will be distributed. Dr. Perez pointed out that she was against the idea of sending the letter to the Members of the PreK-12 Committee of the House of Representatives, but at the School Board meeting she was not given the opportunity to address the issue. Mr. Thornburg asked the Board members present what had been the consensus for the selection of the IG. Ms. Greer briefly explained the consensus for the selection of the IG, and mentioned that no other school board in the country has an IG who reports outside of the school board. There was extensive discussion about independence of the OIG by EAC and Board members. Mr. Thornburg stated that in his opinion he does not agree with having the IG report to the Superintendent, School Board, or Audit Committee. Although he recognizes that the School Board should not abdicate its responsibilities, his objection is based on the premise of fostering public confidence in the school system and on the history of School Boards and the public s perception. Ms. Greer explained the 3 options are to have the IG report to: (1) The DOE, which is not a statutorily based reporting line; (2) Superintendent; or (3) School Board.

7 Page 7 of 7 As stated in the EAC October 10, 2005 letter to the School Board, Mr. Thornburg offered an alternative. He suggested that from an accountability standpoint, the EAC is independent and is not appointed by the School Board and hence might be a better entity to appraise the performance of the OIG and thereafter report to the School Board. He opined that this approach might be more acceptable to the public and more consistent with the mission assigned to the EAC by the School Board, ie, building public confidence and trust. Ms. Greer stated that the School Board has the ability to change the composition of the EAC at any time; therefore, any reasonable person could say that if the School Board did not like what the EAC was doing in terms of the IG, it will be eliminated. Therefore, she concluded, it is not a substantive difference. Mr. Thornburg made a remark that there is a practical governor on eliminating the EAC, one reason, he noted is that the EAC does not cost any money and was established by the School Board to improve public confidence and trust in the school system. Judge Gelber commented that he does not agree with having a completely independent IG. He also commented upon letting the School Board make its decision and if the School Board is not following proper ethical provision then the EAC will step in. Mr. Montes de Oca noted that it was stated during the meeting that there was no OIG, and he wanted to state for the record that the Chief Auditor has assumed these duties on an interim basis. VI. STATUS OF WHISTLEBLOWER Mr. Thornburg asked for the status of the Whistle-Blower Board Rule. Mr. Montes de Oca explained that the whistle blower provisions are being incorporated into the duties of the

8 Page 8 of 8 OIG and asked Mr. Garcia for his concurrence, which he did. Mr. Thornburg stated that the issue may be dropped. VII. IMPLEMENTATION OF CODE OF ETHICS CERTIFICATE Mr. Thornburg asked Mr. Montes de Oca to explain the conflicts between the existing Code of Ethics and the existing Conflict of Interest Board Rule. Mr. Montes de Oca explained that the conflict was resolved and Mr. Brown wrote a memorandum in response to the conflicts clarifying the issue. Mr. Brown stated in his memorandum that although the two rules differ somewhat in language, none of the differences appear to present a conflict between the rules. After much discussion as to why the Certificate of Compliance has not been signed by MDCPS employees, the EAC agreed to eliminate paragraph 3 of the certificate, remove the reference to the personnel office and have infractions reported to the OIG. The EAC also asked to have these minimal changes submitted to the School Board for approval. VIII. FUTURE CONSIDERATION REVISITING ISSUE ON THE EXPANSION OF THE EAC MEMBERS This item was deferred to the next scheduled meeting. IX. FUTURE EAC MEETING The next meeting is scheduled for Friday, December 9, 2005 at the School Board Administration Building Conference Room 916, at 8:30 a.m. X. ADJOURNMENT There being no further discussion, the meeting was adjourned at 10:38 a.m.