Others Present: Committee Members Present:

Transcription

1 MINUTES OF THE SCHOOL BOARD OF MIAMI-DADE COUNTY, FLORIDA ETHICS ADVISORY COMMITTEE MEETING FRIDAY, OCTOBER 22, :30 A.M. - CONFERENCE ROOM 916 SCHOOL BOARD ADMINISTRATION BUILDING Committee Members Present: Mr. Frederick F. Thornburg, Esq., Chair Dr. Susan Mullane, Vice Chair Dr. Susan Angulo Judge Seymour Gelber, Esq. Mr. Frank E. Irizarry, Jr. Ms. Jane Moscowitz, Esq. Ms. Daneen Regna Others Present: Ms. Perla Tabares Hantman, School Board Member Dr. Marta Pérez, School Board Member Ms. Marci Rosenthal, Assistant to School Board Attorney Mr. Herbert Cousins, Jr., Inspector General Ms. Claudia Sandoval, Administrative Assistant to the Superintendent of Schools Ms. Julie Palm, Administrative Assistant to Ms. Betsy Kaplan Ms. Yamile Mendez, Secretary to Ms. Perla Tabares Hantman, School Board Member Mr. Jose F. Montes de Oca, Assistant Chief Auditor Dr. Angela Macrina, Administrative Director Training and Development Ms. Cristina Perez-Ibañez, Administrative Aide Ms. Elsie Montijo, Administrative Secretary Mr. Robert Meyers, Miami-Dade Ethics Commission Mr. Lester Rosenberg, Miami-Dade Community Relations Board Mr. Adolfo Pérez, Parent

2 Page 2 of 6 I. CALL TO ORDER The meeting was called to order at 8:44 a.m. Mr. Thornburg mentioned that he and his wife are arranging to have a holiday cocktail reception Sunday, December 12 th from 6 to 8 pm at the Doral Park Golf and Country Club. He invited the EAC members as well as School Board Office of Management and Compliance Audits (OM&CA) staff. II. INTRODUCTIONS Mr. Thornburg welcomed everyone to the meeting, asked everyone to introduce themselves and to state the reason for their presence. III. APPROVAL OF MINUTES FOR THE JULY 30, 2004 AND SEPTEMBER 10, 2004 MEETING Dr. Angulo made a motion to approve the Minutes for the July 30, 2004 and September 10, 2004 meeting, which was seconded by Dr. Mullane, and it carried unanimously. Mr. Thornburg explained that the reason why he was more involved in developing the agenda was because the Ethics Committee had to deal with this delicate issue of the Audit Committee Chair and the (OM&CA) reports to the Audit Committee. He felt OM&CA should not be placed in such precarious position. Mr. Montes de Oca thanked him. IV. UPDATE ON BOARD ITEM (a) Status of Proposed Nepotism Rule Change Mr. Thornburg reported that, the Board members requested that the EAC provide a recommendation on the proposed nepotism rule change. The EAC s recommendation letter of October 5, 2004 is attached to and made a part of these minutes. He also reported that he received a telephone call from Dr. Krop in reference to this issue, and Dr. Krop said that it had been decided to let the proposal to amend the Nepotism Rule die. Mr. Thornburg expressed satisfaction with that decision. He also said that on the grandfathering issue it was decided by the Board members, to leave up to Dr. Crew, to move personnel around, which is totally within his power under state law. Mr. Thornburg mentioned that Dr. Crew made a statement at the Board meeting of August 18, 2004 that why should there be a nepotism rule, if it is not going to be abided by. Mr. Thornburg asked Ms. Sandoval if his recollection of Dr. Crew s statement was correct and whether he will stand by it. Ms. Sandoval concurred that the statement was made and that she believes that Dr. Crew will stand by his expressed view. Mr. Pérez expressed great concern on the nepotism rule recommendation letter drafted by the EAC, which asked the Superintendent to refrain from exercising his power. There was some discussion on the subject, but it was pointed out that the issue is moot because the School Board did not consider the letter on the issue of grandfathering employees since it left the matter to the discretion of Dr. Crew.

3 Page 3 of 6 Ms. Regna read from the package Mr. Cousins prepared in reference to the Audit Committee Chair issue, which included a legal opinion from an outside counsel. She pointed out that this opinion could also apply to the nepotism rule. Judge Gelber noted that this is an outside opinion and whatever value it has Dr. Crew will asses it. Mr. Thornburg concluded that the EAC made its recommendation and it is now properly up to Dr. Crew to deal with personnel/grandfathering issues. The EAC did not want the nepotism Rule amended, and it appears the Board members agreed that they will not amend it. (b) Other Mr. Thornburg asked Mr. Montes de Oca to notify the EAC of any forthcoming agenda items to the School Board that might be relevant to the EAC. Mr. Montes de Oca agreed to take care of it. V. CRIMESTOPPERS, INC. PROPOSAL Mr. Thornburg suggested tabling the Crimestoppers proposal until the sub-committee finalizes the Code of Ethics for outside lobbyist, providers of goods and services, etc. Ms. Moscowitz asked Mr. Cousins if there is a hotline in place for employees to report crimes or concerns. Mr. Cousins responded that there is. Ms. Moscowitz pointed out since there is a hotline in place, then it is acceptable to table this proposal for now. VI. STATUS REPORT ON CODE OF ETHICS AND COMPLIANCE CERTIFICATION DRAFTING Mr. Irizarry apologized for not having been able to work on the Code of Ethics because of staff turnover problems at his place of work. He promised to have a draft for the November meeting. Mr. Thornburg asked Mr. Irizarry if you would like to have until the December meeting to complete a draft. Mr. Irizarry indicated that he thought the November meeting target date could be met. VII. PRESENTATION - CABLE TAP T.V. PROPOSAL LESTER ROSENBERG, MIAMI- DADE COMMUNITY RELATIONS BOARD Mr. Rosenberg made a presentation and provided background on Cable Tap. He noted that productions are free and no politics are allowed. He suggested this would be a good way to inform the public on the work of the EAC. Dr. Mullane asked Mr. Rosenberg for his opinion as to what to do. He explained that he did not think filming a meeting is a good idea because it is more technical and it costs substantial money. He suggested having one or two members of the Committee discuss the intent and purpose of the EAC, what it is working on and a brief conclusion, of what it has accomplished. Judge Gelber expressed reservations about publicizing and showcasing the EAC activities. Ms. Moscowitz agreed with Judge Gelber. Mr. Irizarry noted, however, that he does not see a show as advertising, but as an opportunity to have a public discussion. Mr. Thornburg saw this as an advantage to inform the public of the existence and the work of the EAC since the EAC mission, as Mrs. Regna always remind the EAC, is to rebuild public trust

4 Page 4 of 6 and confidence in the school system. He questioned how the EAC can rebuild public confidence without advising the public as to what steps the EAC is taking. He also noted that the EAC should research the issue and get back to it. Dr. Mullane also expressed concern about how the EAC identifies its accomplishments. The Chair addressed the accomplishments of the EAC and asked Ms. Regna to summarize the accomplishments of the EAC and give it to Ms. Moscowitz for review. Mr. Thornburg also spoke about the digest on future agenda topics, he wanted the committee members to review the document, which he will address at the next meeting. Dr. Pérez praised the EAC members for their work; noted Board members indebted for it; and expressed support for the idea of publicizing the EAC s work. She also expressed support for expanding the EAC. Ms. Tabares Hantman echoed Dr. Pérez s remarks. VIII. STATUS REPORT ON TELEVISED SCHOOL BOARD RUN-OFF CANDIDATE FORUM Mr. Thornburg asked Mr. Meyers to speak on the subject of the School Board run-off debates which was aired on WLRN Television and Radio. Mr. Meyers provided a summary on the subject and stated that he would like to continue the partnership. Mr. Thornburg thanked Mr. Meyers for inviting the EAC to co-sponsor the School Board Candidate forums. Judge Gelber noted that Mr. Meyers and his group are doing an excellent job and commends them for their efforts. IX. ETHICS TRAINING REPORT DR. ANGELA MACRINA, ADMINISTRATIVE DIRECTOR, TRAINING AND DEVELOPMENT Dr. Macrina spoke about the original intent to train 50,000 employees in five years and noted that facilitators have been trained to conduct the training within a two-year period. Judge Gelber asked about the composition of the training. Dr. Macrina explained that the training consist of three modules: employee conduct; conflict of interest; and public and private information. The sessions include scenarios where employees would interact with facilitators on job situations which would require the employee to make a judgment call. In response to the Chair s question, Dr. Macrina noted everything is governed by the Board Rules and the new Code of Ethics Board Rule will be incorporated. The training can be conducted in one to three sessions for a total of five hours. Teachers are trained during teacher planning days or at the end of the workday, so that the training does not interfere with classroom instruction time. Dr. Mullane asked who are the facilitators and how were they trained. Dr. Macrina explained that a company contracted by the district designed the training and trained the facilitators. She noted that there are 628 locations and district personnel of all different organizational levels were trained as facilitators. Dr. Macrina announced that 35,505 out of 50,000 employees have been trained and she plans to complete the training for the remainder of the employees by year s end. Mr. Thornburg asked if the company is still under contract. Dr. Macrina answered it is not, and that staff is doing all the training. Ms. Regna inquired if teachers receive credit. Dr. Macrina answered that they receive 10 master plan points. Dr. Pérez asked if there has been any complaint about the facilitators. Dr. Macrina responded that one of the complaints brought to her attention is that facilitators are not experts in Ethics. She noted that they are not expected to be, but there are other channels to address any unanswered questions. The intended outcome, among other goals, is to have a workforce that exemplify high ethical standards, a staff for its ability to make decisions based on its knowledge of laws and rules and a school system that enjoys the trust and respect of the community. Mr. Meyers added that in the County the biggest criticism is also the lack of expertise of the facilitators,

5 Page 5 of 6 which lead to questions not being answered, for instance legal questions, which may cause conflicts. Mr. Thornburg commended Dr. Macrina for a great job on a challenging project. Mr. Thornburg asked Mr. Montes de Oca to purchase a textbook, titled The Ethics of Management for the EAC members, assuming funds are available. He believes it represents an excellent ethics primer. This case/textbook is utilized in teaching MBA ethics in management courses. X. AUDIT COMMITTEE CHAIR ISSUE a. Inspector General Report The Chair thanked Mr. Cousins for a great job on preparing the package on the background information of the Audit Committee Chair issue and asked Mr. Cousins to factually summarize the status. Mr. Cousins explained that the package includes the opposing legal opinions, one from an outside counsel obtained and paid by Ms. Tabares Hantman and another in-house opinion, provided by Mr. Brown. Mr. Cousins explained that he is only presenting the facts and emphasized that he is not taking a position on this issue. Mr. Thornburg asked Mr. Cousins to give the time of the events and what the new rule states so that the EAC has a frame to the issue. Mr. Cousins referred to item #3, which addresses the new rule and states The Audit Committee shall elect a Chair and Vice Chair each fiscal year from its ten community members. The Chair and Vice Chair shall be elected annually for no more than two consecutive years for either office. Nothing contained in this provision prohibits a member from holding the office of Chair or Vice Chair more than once during his or her tenure on the Audit Committee. Mr. Cousins pointed out that Dr. Mack has been the Chair for the past several years. The issue is whether Dr. Mack is eligible, based on the new rule, to be re-elected by the committee and whether this rule prevents him from being re-elected. Mr. Thornburg provided a brief history of Dr. Mack s service in the Audit Committee, including serving as Chair nine times. He asked Ms. Tabares Hantman if she had anything else to add. Ms. Tabares Hantman answered that the reason why she brought the issue to the EAC was not only out of frustration, but also because in her opinion and in that of other attorneys, this was not legally correct. She believes it is also ethically improper. She mentioned that Dr. Mack also serves in Audit Committee in Broward County and he is a Broward County resident. She explained that Mr. Vann had a plaque for Dr. Mack to present to him at the Audit Committee meeting for his 20 plus years of service and Dr. Mack was supposed to nominate another member as the Chair, but things did not happen that way. One of the committee members nominated Dr. Mack since he did not nominate anyone. Mr. Thornburg asked why Mr. Johnny Brown was not present. Ms. Rosenthal explained that she is representing Mr. Brown who had a meeting conflict. Mr. Thornburg asked her to give the EAC a summary of his legal opinion and asked why the spirit of that rule was not applicable to Dr. Mack; as contended by the opinion of outside counsel which opines that his current election violates the plain meaning of the rule limiting consecutive terms of service as Chair. Ms. Rosenthal answered that Mr. Brown s legal opinion speaks for itself.

6 Page 6 of 6 b. Advisory Opinion Ms. Moscowitz expressed concurrence with Ms. Tabares Hantman s concerns. Mr. Thornburg mentioned that in his opinion this presents as much a legal issue, as it does an ethical issue. In other words, it raises a hybrid issue of both a legal and ethical nature. He concluded it is up to the Committee to consider the issue. Ms. Moscowitz pointed out that the spirit of the rule is to get new blood in the position and in that vein she thinks it is an ethical issue. Ms. Regna mentioned that she believes that this is an ethical issue because Dr. Mack did not turn down the nomination and she sides with the outside counsel s opinion. Dr. Angulo also sided with the outside counsel s opinion. Judge Gelber expressed concern on why the Audit Committee members re-elected Dr. Mack again, since the members were aware of the rule. Dr. Mullane mentioned that she believes that this is both a legal and an ethical issue. Mr. Irizarry pointed out that he was outraged that the Chair of the Audit Committee did not abide by the rule. Mr. Thornburg asked why there is no provision in the rule requiring the members to be a Miami-Dade County resident. Mr. Thornburg summarized the views of the EAC as follows: The EAC feels that this is a legal as well as ethical issue; therefore, it is appropriate for the EAC to issue an advisory opinion. The election and Dr. Mack s continuing in Chair s position constitute a violation of the Board Rule. Mr. Thornburg volunteered to draft a letter from the EAC to the School Board outlining the committee s sentiments. Mr. Thornburg asked when Dr. Mack s term expires. Ms. Tabares Hantman answered that it express in June and noted that there is time left to elect another member. Ms. Sandoval pointed out that the Vice Chair could take office for the remainder of the term. Ms. Tabares Hantman mentioned that at the last Audit Committee meeting the Vice Chair presided over the meeting because Dr. Mack was ill, so it can be done. Mr. Thornburg asked Ms. Rosenthal to make Mr. Brown aware of the EAC s view and that it is not adopting outside counsel s opinion or Mr. Brown s position, rather the EAC as independently reached its own decision on the matter. XI. NEW BUSINESS None addressed. XII. BOARD MEMBER CONCERNS None raised. XIII. SET NEXT MEETING The next meeting was scheduled for Friday, November 12, 2004, at the School Board Administration Building Conference Room 700, at 8:30 a.m. XIV. ADJOURNMENT There being no further discussion, the meeting was adjourned at 10:42 a.m.