MINUTES OF THE SCHOOL BOARD OF MIAMI-DADE COUNTY, FLORIDA ETHICS ADVISORY COMMITTEE MEETING FRIDAY, MARCH 9, 2007 8:30 a.m. - CONFERENCE ROOM 916 SCHOOL BOARD ADMINISTRATION BUILDING Committee Members Present: Ms. Jane Moscowitz, Esq., Chair Mr. James Howe, Vice Chair Mr. Frederick F. Thornburg, Esq. Dr. Susan Mullane Dr. Susan Angulo Ms. Daneen Regna Absent: Judge Seymour Gelber, Esq. Others Present: Dr. Marta Pérez, School Board Member Ms. Ana Lara, Administrative Assistant to Ms. Perla Tabaras Hantman Mr. Allen M. Vann, Chief Auditor Mr. Jose Montes de Oca, Assistant Chief Auditor Mr. Luis M. Garcia, Senior Assistant Board Attorney Mr. Julio Miranda, District Director Mr. John Doyle Administrative Director Mr. Jon Goodman, Director I Ms. Karen Aronowitz, UTD President Mr. Michael Molnar, UTD Representative Mr. Tom Gammon, UTD Representative Mr. Lester Rosenberg, Dade County Community Relations Board Mr. Fernandez Zulueta, President, Academica Mr. Antonio L. Roca, President, Mater Academy Mr. Joe Raia, Attorney Ms. Deborah Corbishley, Academica Ms. Elsie Montijo, Administrative Secretary Ms. Alysia D. Marsh, Administrative Secretary Mr. Adolfo Perez, Parent
Page 2 of 5 Call To Order The Chair called the meeting to order at 8:30 a.m. I. Introduction of Staff and Guests Ms. Moscowitz asked everyone present to introduce themselves and their affiliation(s), which they did. II. Approval of Minutes for February 9, 2007 There being no questions, Ms. Moscowitz asked for a motion to approve the minutes. A motion was made by Dr. Mullane and seconded by Dr. Angulo, which carried unanimously, to approve the minutes of the February 9, 2007 meeting. III. a) Briefing of Mater Academy b) Report from Mater and Academica Corp. representatives Ms. Moscowitz gave a concise narration of the allegations made against Mater Academy Charter School and Academica. The Ethics Advisory Committee (EAC) in accordance with the findings of the Office of Management and Compliance Audits (OM&CA) and in concurrence with the Audit Committee wrote a letter to the School Board to sustain the report submitted, and recommended having no further contracts with Mater Academy or Academica. Ms. Moscowitz acknowledged that since the committee opined on the issue; Mater Academy and Academica should have been invited to attend a meeting to defend the charges made against them. In order to correct this over-sight the EAC invited the representatives of Mater and Academcia to respond to the allegations. Ms. Regna read the Mission Statement explaining the purpose of the EAC, so that all present would be clear on their responsibilities with M-DCPS. Mr. Joe Raia, attorney for Mater academy addressed concerns raised by the OM&CA report. He stated that the Mater Academy schools were A or B schools and were being run efficiently and economically and in his opinion on those merits the applications should be approved. Mr. Raia believed that Mater Academy had been prejudged by the EAC committee, and in his estimation the Audit Committee did not make any adverse recommendations and were supportive of the fact that Mater schools were good schools. Mr. Raia elucidated the changes Mater Academy has made to their policies and how they have implemented new procedures for the qualifications and voting on Board Members; auditors will be required to bid as required by Florida Statutes; minutes will be more detailed and documentation will be attached for back up
Page 3 of 5 information. Mr. Raia felt that Mater Academy has addressed and complied with all recommendations in the report. Mr. Thornburg commented his main concern was protecting the integrity of the Ethics Committee which declined to give Mater Academy and Academica their day in court he believed that it was not within the EAC s jurisdiction to take sides. He suggested the committee write another letter acknowledging their oversight indicating they were withdrawing their original letter; to show the EAC was being independent and equitable on the issue. In riposte Mr. Vann gave a short summation he explained that Mater and Academica provided voluminous documentation in response to the OM&CA findings; after review the Audit Committee sustained the findings of impropriety of charter schools managed by Academica and their lack of transparency. Mr. Vann indicated that no new information had been presented to the EAC committee and his opinion had not changed in what he believed their transactions were about. He stated that it was within the EAC s purview to give advice which should not be considered as taking sides. Mr. Vann conceded that Mater Academy had done a tremendous job of rectifying their problems and he felt that in the future there would be more transparency in the organization. After some discussion the motion was made to simply acknowledge that a mistake was made in the procedural process, Ms. Regna seconded and it passed unanimously. IV. Presentation on Ethics Schools Curriculum Mr. John Doyle, Administrative Director, Curriculum and Instruction Social Sciences gave a very informative presentation; he explained his duties of overseeing Pre-K-12 character and ethics education. He informed the EAC that M-DCPS predated the states requirements by 10 years, and the School Board in 1995 adopted 9 core values to encourage ethical behavior and traits in the students by providing workshops for teachers and special events for the students to demonstrate those core values, so that they would be embedded and become a part of their character. He went on to enlighten the committee on state legislation requirement 1003.42 Subsection 2; and how they were afforded an opportunity to apply for a grant with the federal government and were funded 1.5 million to support character education. Mr. Doyle gave details on what he hoped to accomplish with the funding, revising the existing curricular material, and developing new material, provide professional development for teachers, and paying special attention to the kind of materials that are produced for elementary age students so that parents can reinforce in the home. Mr. Doyle gave details on his partnerships with the Youth Ethics Initiative (YEI), Saint Thomas University, and the Robert Myers Group. He enlightened the EAC on a project that YEI had been
Page 4 of 5 contracted to produce additional instructional material for senior high school students providing teaching modules which would include lesson plans, comprehensive teaching materials, and background reading materials for case studies for real life issues that are happening now. The EAC members asked some questions of Mr. Doyle praised him for his work and thanked him for his excellent presentation. Briefing on Inspector General Selection (Agenda Item H-2) Due to a shortage of time the discussion was rescheduled for the next EAC meeting. VII. Briefing On Clarification Of School Board Rules on Gifts To School Board Employees Due to a shortage of time the discussion was rescheduled for the next EAC meeting. VIII. Discussion on Code of Ethics Board Rule Revisions Agenda Item (A-4) The Chair informed the EAC that she pulled the Ethic Rules from the February 14, 2007 School Board meeting agenda after being alerted to differences of opinion from Karen Aronowitz, President, United Teachers of Dade; and believed that they should be heard. Ms. Aronowitz acknowledged the work the committee diligently put into the Code of Ethics, but there were many points that she felt should be modified. Ms. Aronowitz proceeded to give a brief synopsis of where she deemed there were problems with the wording. She believed the Code of Ethics goes beyond what is by law required as professionals. She explained that UTD represented teachers, para-professionals, clerical, security monitors, certificated employees (i.e. psychologists, social workers) many of whom have second jobs outside the school system in order to maintain decent livelihoods. In application part two of the Code of Ethics in full/part-time status, Ms. Aronowitz believed that it appeared that any employment outside of the school system would be in violation of the code. She also believed there was wording that challenged a teachers legitimate authority in the class room which could have consequences in terms of instruction. Ms. Aronowitz also had a problem with new language in regards to union procedures and requested any reference to the union that s new language be stricken from the document; she did not want to presume the district has oversight over what she considers internal processes. The Chair
Page 5 of 5 responded that their intention for the wording was for an entirely different reason. The purpose for putting in the language was to elevate any grievance procedures or rules the union had that would benefit someone that was a member of UTD; they would be lifted from potential complaints that might have been brought against them under the code of ethics. To sum it up it is legal language that simply says we in this code are subordinate to any code that governs an employee who is a member of the union. Ms. Aronowitz believed that UTD members were employees of the School Board and therefore; even referencing the union makes it an obligation to follow the code and was intrusive in union matters. Although the Chair did not believe Ms. Aronowitz spoke for all union leaders she conceded to have a vote with the EAC members to have it stricken from the document. The motion was made by Dr. Mullane and seconded by Mr. Howe to have any references to the union removed from the Code of Ethics. The EAC unanimously voted to have a subcommittee review the rule and come back with recommended changes. IX. Next Scheduled Meeting Friday April 20, 2007 at 8:30 a.m., Conference Room 916 X. Adjournment There being no further discussion, the meeting was adjourned at 10:48 a.m.