MINUTES OF THE SCHOOL BOARD OF MIAMI-DADE COUNTY, FLORIDA ETHICS ADVISORY COMMITTEE (EAC) STRATEGIC PLANNING SESSION TUESDAY, MAY 3, 2011

Transcription

1 MINUTES OF THE SCHOOL BOARD OF MIAMI-DADE COUNTY, FLORIDA ETHICS ADVISORY COMMITTEE (EAC) STRATEGIC PLANNING SESSION TUESDAY, MAY 3, 2011 Committee Members Present: Ms. Roberta Kressel, Chair Ms. Jacqueline Becerra, Esq., Vice Chair Dr. Priva Fischweicher Ms. Daneen Regna Justice Gerald Kogan Ms. Michelle Mason Mr. Frederick F. Thornburg, Esq Others Present: Ms. Perla Tabares Hantman, Chair, The School Board of Miami-Dade County, Florida Mr. Walter Harvey, School Board Attorney Mr. Luis M. Garcia, Deputy Assistant School Board Attorney Mr. Jose Montes de Oca, Chief Auditor Dr. Daniel Tosado, Assistant Superintendent Ms. Enid Weisman, Assistant Superintendent Dr. Ana M. Rasco, Administrative Director Ms. Madeleine Rodriguez, Executive Director Mr. Mario J. Beovides, Administrative Assistant to Mr. Carlos L. Curbelo Ms. Ana Lara, Administrative Assistant to Ms. Perla Tabares Hantman Ms. Erz Munsie, Administrative Assistant to Dr. Lawrence Feldman Ms. Ana Pereira, Administrative Assistant to Ms. Perla Tabares Hantman Ms. Marisol Pérez-Picon, Administrative Assistant to Ms. Raquel Regalado Ms. Dalia Rosales, Administrative Assistant to Dr. Marta Pérez Ms. Berta Valcarcel, Administrative Assistant to Ms. Perla Tabares Hantman Mr. Luis Baluja, EDP Audit Supervisor Ms. Ileana Martinez, School Board Clerk Ms. Elsa Berrios-Montijo, Administrative Secretary Mr. Adolfo Pérez, Parent I. CALL TO ORDER A Strategic Planning Session of the EAC was held at the School Board Administration Building Conference Room 559, 1450 N.E. 2 Avenue, Miami, Florida on Tuesday, May 3, The meeting was convened at 8:35 a.m., by the Chair Ms. Roberta Kressel.

2 Page 2 of 7 II. INTRODUCTIONS Introductions were made by everyone present. III. REVIEW OF EAC HISTORY AND MISSION STATEMENT Ms. Kressel welcomed everyone present and reminded the attendees that convening a Strategic Planning Session to discuss topics that were deemed of great importance for the future of the EAC was approved at the April 7, 2011, EAC meeting. Chief Justice Gerald Kogan outlined the History of the EAC. He explained that in 1999, he was a member of the Alliance for Ethical Government; an organization that was formed by a diverse group comprised of very influential individuals in Miami-Dade County which sought to create an infrastructure to make Miami- Dade an ethical community. In dealing with Miami-Dade County Public Schools (M-DCPS), Mr. Kogan stated that he had communicated with members of the School Board and the Superintendent of Schools to get ideas on how to go about instituting an Ethics Program for employees and students in the school system. Mr. Kogan expressed that his original plan for the M-DCPS was to have a Commission on Ethics very similar to the one established by the Miami-Dade County Commission. Based on a number of factors and in lieu of a Commission on Ethics, the EAC was created. Mr. Kogan stated this happened at around the same time that the Office of the Inspector General was created at M-DCPS. In response to a question regarding the difference between the Ethics Commission and the EAC, Mr. Kogan explained that the Ethics Commission can charge the violations of the Ethical Code, conduct hearings and trials, make recommendations, and fine public officials for violating the Ethics Code. Mr. Thornburg recalled that the reason why the EAC did not become a full Commission is because of the Home Rule issue. He suggested that the School Board members could go to Tallahassee to try to amend the Home Rule. Mr. Thornburg mentioned that he enjoys serving this committee and although the EAC does not have much power, the Committee has had many accomplishments, including introducing and passing several School Board rules, such as the Code of Ethics for administrators, employees, vendors, and for school volunteers, while he was Chair. Mr. Thornburg also mentioned that the EAC have been through many challenging periods but survived. Ms. Daneen Regna versed the audience on how the EAC has worked on several rules that have passed, such as the Code of Ethics for administrators, employees, vendors, and volunteers; the Lobbyist Rule; the Civility Rule; the E- mail policy; and the whistle blower proposal, and having its own website. Ms. Regna pointed out that School Board Member Dr. Marta Pérez has worked

3 Page 3 of 7 tirelessly on behalf of the EAC to bring forth recommendations to the School Board. Responding to observations made regarding the Home Rule, Mr. Garcia declared that the School Board can only enact laws that are not in contravention to established statutes. Mr. Garcia explained that the County is a Charter County under the Florida Constitution and it has been given the power to establish ordinances, and to form commissions, departments, and regulatory agencies. However, as a political sub-division of the State, the School District does not have the same authority as a Charter County. In response to a question regarding the District forwarding hearings or complaints to the Florida Commission on Ethics, Mr. Garcia explained that the Florida Commission on Ethics has received complaints in the past but if the complaint does not meet the statutory criteria, it is dismissed. Mr. Thornburg expressed disagreement regarding investigations, stating that this can be changed and that the EAC should be able to conduct investigations. Mr. Kogan noted that the Florida Commission on Ethics has 67 counties under its jurisdiction and does not have the personnel to handle the volume of complaints that it reviews. Mr. Thornburg commended the members of the School Board and the Superintendent for doing an outstanding job and reiterated that what the EAC is proposing is not a reflection on the current Board. Mr. Thornburg explained that one of the duties of the EAC is to create rules, procedures and guidelines in this case intended for a future Board that might not do a commendable job. Mr. Thornburg stated that the EAC should have the authority to hear/initiate complaints and should have a provision on the rule that when the EAC sends recommendations to the Board, the Board must acknowledge and act upon it. IV. AGREEMENT ON DEFINITION OF ETHICS Ms. Michelle D. Mason provided a very informative and valuable presentation on Ethics. The power-point presentation included an overview; a definition; relevant rules; fundamental principles; ethical mistakes to avoid; and criteria for making personal ethical choices. She encouraged EAC members to ask questions and/or bring up issues for discussion now or in the future. The EAC members extended their appreciation of an outstanding presentation to Ms. Mason. V. REVIEW PROPOSED SCHOOL BOARD RULE AND ITS STATUS Ms. Jacqueline Becerra expressed that after listening to the April 7, 2011, meeting via the link provided, and reading the proposed EAC rule, she was frustrated with the changes made to the proposed School Board rule regarding how School Board will deal with recommendations from the EAC. Ms. Becerra

4 Page 4 of 7 stated that when she worked on the Lobbying Rule, it took two years for the Board to act upon it. Ms. Becerra mentioned another major issue the EAC was involved with was the way in which the Superintendent was hired by the School Board, where concerned citizen raised questions regarding the process by which the Superintendent was appointed. The EAC held a hearing and issued an opinion to the School Board, but the School Board did not acknowledge the EAC s opinion. Ms. Becerra also stated that she was asked to help write the proposed EAC rule that requires the School Board to act upon recommendations made by the EAC and for the EAC to have authorization to initiate complaints. Ms. Becerra lamented that the proposed rule was missing critical elements that the EAC had included in its proposed rule. The EAC recognized and welcomed School Board Chair Perla Tabares Hantman. Mr. Thornburg expressed to Ms. Hantman how the EAC was extremely complimentary to her and the Board. Mr. Thornburg explained that the reason why the EAC was having this meeting was because the EAC wanted to: 1) be acknowledged by the Board; 2) develop an infrastructure from an ethical standpoint in order to avoid a situation similar to what has happened at the Broward County School Board; and 3) continue to enhance the public trust. Ms. Becerra added that every culture believes that unethical behavior is unacceptable. Ms. Becerra articulated that this is a unique opportunity for this community and for the current Board to codify the recommendations of the EAC now, while the District is in good standing. It should not be done as a reaction after something goes wrong. Mr. Garcia explained that a section of the original proposed rule had been erroneously omitted and assured the members of EAC that Section E, the section regarding hearing and making recommendations on complaints that are selfinitiated or brought to the EAC by a citizen, would be included in the School Board rule (Agenda Item H-4) going before the School Board on Wednesday, May 11, 2011, as proposed by School Board Member Dr. Marta Pérez. Mr. Garcia also explained that the proposed School Board rule codifying the EAC had been discussed before the Instructional Excellence and Community Engagement Committee in November 2010 and January 2011, and it was this Committee s recommendation to have the EAC rule mirror the Audit Committee (AC) rule. Ms. Becerra stated that the AC has a very different function, and as such should not track the AC rule. The EAC members expressed their objections to the changes made to the section regarding School Board action and insisted on having this section restored to its original language ( shall instead of may ), which states that the School Board shall take action on EAC s recommendations.

5 Page 5 of 7 Mr. Harvey added that the School Board has historically valued the EAC. He reminded the audience that School Board established this committee through action, set up a process whereby separate entities could appoint individuals to serve on the Committee, listened to the recommendations, and has taken appropriate action. Mr. Harvey pointed out that the School Board gave a directive that the proposed EAC rule reflect other advisory committees, with the understanding that the powers vested in the EAC should be equal to powers that have been established for other entities of like authority. Since the establishment of this committee in 2002, he continued, the Florida Statutes have been amended to allow for more restrictive conflict of interest rules, which the EAC has proposed through its recommendations. Mr. Kogan concurred with other EAC members that the School Board should acknowledge the EAC s recommendations. Ms. Becerra agreed with Mr. Kogan s statement and added that the EAC is not like any other advisory committee and the proposed language that is brought to the table for approval is important for this School Board, for future School Boards, and for the EAC. Upon a motion being made by Mr. Thornburg and seconded by Mr. Kogan, the members voted unanimously to proceed with the proposed EAC rule to be resubmitted to the School Board, as presently constituted with the addition of the following language any recommendations or opinion issued by the EAC shall be reported to the School Board and the School Board shall take action upon it. VI. DISCIPLINED BRAINSTORM OF ETHICAL ISSUES AND ACTIVITIES, WHICH WE MAY WANT TO ADDRESS AND UNDERTAKE IN THE FUTURE The EAC discussed the following topics as possible activities of relevance and importance for the EAC to undertake: 1) developing an ethical curriculum through volunteer work; 2) training the public, candidates for the election to the School Board, employees of M-DCPS, and document attendance; 3) developing a School Board rule on cronyism similar to the Nepotism Rule; 4) developing an awareness campaign for EAC; 5) have the PTA to make an assessment amongst the public under the direction of the School Board of what they expect from the school system and 6) developing a hotline for any ethical issues. In response to a question regarding vendors doing business with M-DCPS, Mr. Montes de Oca stated that a clause was added to the vendors contract addressing some of the issues that were brought up by the Inspector General in its IG10-32SB report which was discussed at the EAC meeting of February 16, Mr. Thornburg pointed out how the EAC also has a fiduciary obligation to the tax payers and suggested exploring raising funds for the school system through a foundation, considering the possible sale of some real estate with an option to lease back, thus generating funds to assist the District with the loss of revenue.

6 Page 6 of 7 Ms. Mason expressed concern about the EAC making recommendations pertaining to the District s management. Mr. Thornburg responded that it is an ethical approach to raise questions and to look at the big picture issues. Ms. Becerra stated that the committee should review the EAC meeting structure and opined that participation by School Board members in EAC meetings would be beneficial. Mr. Montes de Oca volunteered to poll the School Board members for their availability and best days and times to meet with EAC. In response to a question from Mr. Adolfo Pérez, regarding whether the District still has an Inspector General (IG), Mr. Harvey explained that at the last School Board meeting, it was brought to the Board members attention that certain employees within the IG s office received raises. Due to the economic environment within the District, the Board directed him to renegotiate the Interlocal Agreement with Miami-Dade County attorney. Ms. Hantman clarified for the record that the District does have an IG and the only issue with the IG is that of the increase in salaries for their employees. This was brought to the School Board s attention and Mr. Harvey was directed by the Board to renegotiate the Interlocal Agreement with the County. Mr. Thornburg suggested the possibility of bringing the IG s job in-house in order to save the District some money; not in criticism to the IG, as they have done a good job. He stated that it might be more efficient to do it internally and it will save several teachers job. Mr. Pérez concurred with Mr. Thornburg s suggestions and advised the EAC to be prepared just in case the District will soon no longer have an IG. Mr. Thornburg recommended for Ms. Hantman to discuss with and receive input from School Board Members regarding their perception of the role and future direction of the EAC. Ms. Hantman responded that she will bring the EAC s comments at the next School Board meeting for discussion. Ms. Hantman provided a synopsis of how the Board conducts its committee meetings prior to every School Board meeting. She explained that following this process the EAC rule, which has been proposed by another School Board member, will be discussed at the Board s committee meeting. Mr. Montes de Oca encouraged EAC members to attend the School Board committee meeting on May 5, 2011, since the proposed EAC rule for the upcoming School Board meeting will be discussed at one of these committees.

7 Page 7 of 7 VII. PRIORITZIE ISSUES AND ACTIVITY TARGETS The EAC members discussed the EAC s priority issues, which included the following: School Board direction toward the EAC; training; structure/agenda of EAC meetings; frequency and time of meetings; and Ethics hotline for opinions. The EAC members agreed to hold a special meeting on June 2, 2011, to discuss the outcome of the School Board meeting regarding the EAC rule. VIII. AGREE ON 2011 AND 2012 STEPS AND ACTION PLANS Item not discussed. IX. ADJOURNMENT There being no further business, the meeting was adjourned at 11:35 a.m. /lig