MINUTES OF THE SCHOOL BOARD OF MIAMI-DADE COUNTY, FLORIDA ETHICS ADVISORY COMMITTEE MEETING FRIDAY, OCTOBER 3, 2008 8:30 a.m. - CONFERENCE ROOM 559 SCHOOL BOARD ADMINISTRATION BUILDING Committee Members Present: Ms. Daneen Regna, Chair Ms. Roberta Kressel, Vice Chair Ms. Jacqueline Becerra, Esq. Mr. Frederick F. Thornburg, Esq. Absent: Ms. Michele Anglade, Esq. Ms. Jane W. Moscowitz, Esq. Dr. Susan Mullane Others Present: Mr. Renier Diaz de la Portilla, School Board Member Ms. Ana Rivas Logan, School Board Member Dr. Marta Perez, School Board Member Ms. Mary Carabeo, Administrative Assistant to Mr. Diaz de la Portilla Ms. Ana Lara, Administrative Assistant to Ms. Perla Tabares Hantman Ms. Vivian Lissabet, Administrative Assistant to Ms. Ana Rivas Logan Ms. Suzanne Matthews, Administrative Assistant to Wilbert Tee Holloway Ms. Vera Hirsh, Assistant Superintendent Ms. Maria Teresa Rojas, Asst. Supt. Mr. John Schuster, Chief Communications Officer Mr. Allen M. Vann, Chief Auditor Mr. Luis M. Garcia, Chief Board Attorney Ms. Virginia Byrd, Office of the Superintendent Ms. Ileana Martinez, Clerk of the School Board Mr. Norberto Ferradaz, Audit Supervisor II Mr. Tony Cotarelo, Media Relations Ms. Elsie Montijo, Administrative Secretary Ms. Sheryl Ragoo, Administrative Secretary Mr. Bob Friedman, Holland & Knight Ms. Rhoda O. Shirley, DASA Mr. Eric Parker, DASA Ms. Sherri Daniels, UTD Mr. Lester Rosenberg, Liaision Miami Dade Community Relations Mr. Adolfo Perez, Parent Mr. Charles Viscito, Parent Ms. Susan Marie Kairalla, Florida School Choice Mr. Eddy Barea, Ibiley Uniforms Ms. Nirvi Shah, The Miami Herald Ms. Gina Romero, Channel 41 Ms. Andrea Linares, Univision Mr. Osvaldo Duarte, Univision CBS-4-News Camera Crew
Page 2 of 6 I. CALL TO ORDER The Chair called the meeting to order at 8:55 a.m. II. INTRODUCTION OF STAFF AND GUESTS Ms. Regna asked everyone present to introduce themselves and provide their affiliation(s), which they did. III. APPROVAL OF MINUTES FOR THE AUGUST 29, 2008 MEETING A motion was made by Mr. Thornburg and seconded by Ms. Kressel which carried unanimously, to approve the minutes of the August 29, 2008 EAC meeting. (Please note that the minutes are presented in the order of the original agenda; however, per a request, the Chair had item X, New Business moved up on the agenda and discussed after item VII.) IV. 2008 EAC s ANNUAL REPORT Mr. Ferradaz presented the EAC s Annual Report and asked the Committee to review and provide any edits, to finalize the report. The Committee decided to review and finalize the report by the next scheduled EAC meeting. V. REVISIT EXPANSION OF THE EAC/BLUE RIBBON COMMITTEE Mr. Thornburg expressed his view that the EAC should be expanded. He endorsed establishing a blue ribbon committee. The Chair asked Mr. Garcia, how the EAC should go about establishing a blue ribbon committee. Mr. Garcia responded that the School Board would have to initiate it. Mr. Thornburg suggested making it a topic for a future EAC meeting. The Committee agreed.
Page 3 of 6 VI. DISCUSSION ON CONDUCTING BOARD WORKSHOP ON ROBERTS RULES OF ORDER Mr. Thornburg explained that conducting a Board workshop on Roberts Rules was just one example of things that the Ethics Committee should be carrying out as part of their educational duty. Mr. Thornburg mentioned that there is a Board workshop scheduled for October 7, 2008, on Roberts Rules of Order. Board members present agreed that workshops should be conducted to educate the Board. Members of the Committee also agreed with the idea of having workshops both for the Board and the EAC so that they may be further educated on how to run meetings successfully, etc. VII. PROPOSED REVISION OF CODE OF ETHICS SCHOOL BOARD RULE 6Gx13-4A-1.213 Ms. Rojas reminded the Committee that the proposed revision resulted from an investigation conducted by Office of the Inspector General, about an allegation, that an administrator had received a loan from a subordinate. The allegation was sustained and the Office of the Inspector General recommended to strengthen the Code of Ethics School Board Rule 6Gx13-4A-1.213. Ms. Rojas provided the proposed revision that was added in page 5 of the rule, and opened the floor for discussion. Ms. Rivas Logan discussed gifts given at the school site at Christmas time; and expressed concern about the ramification of banning such gifts. She pointed out that there is a Board rule that limits the value for gifts. Mr. Garcia explained that there are two Board rules on gifts to employees and Board members. He suggested adding the words as provided by law or current rule to this rule. The following is the Committee s proposed additions to the rule: Supervisory employees shall not solicit or receive directly or indirectly gifts or loans from subordinate employees, except as otherwise provided by laws or board rules.
Page 4 of 6 The EAC concluded the discussion by noting that the Office of Professional Standards should include the additional language proposed by the EAC, to further strengthen the Code of Ethics Board rule, and report back. VIII. LOBBYING BOARD RULE UPDATE Mr. Garcia explained that, at the last meeting the Committee wanted verification that the rule is cited in the bid procurement package. Mr. Garcia said that he checked with the Procurement department and verified that the rule is provided in the bid procurement package. Going forward, the Committee needs to forward the proposed amendment so the appropriate staff can initiate the rule making process. IX. E-MAIL USAGE UPDATE Mr. Ferradaz gave an update on the E-mail usage policy and noted that the IT staff disseminated the District s E-mail usage Policy to the entire District staff as recommended by the EAC. The Chair asked if the District e-mail system could be used inappropriately by outside parties. Ms. Rojas explained the system has adequate safeguards. Mr. Garcia also added that the District has limited authority to control outside users. The Committee expressed general satisfaction with this item. X. NEW BUSINESS The Chair asked Mr. Viscito, a parent that was present, to explain to the EAC his concerns arising out of the appointment of the new Superintendent that were addressed in his letter. Mr. Thornburg expressed his concern about including this item under new business, instead of designating it an item on the EAC s agenda. He stated that in the past any member could ask for an item to be included on the agenda. The change in procedure makes it uncertain if this issue can be discussed because the public was not properly noticed. Ms. Becerra made a comment that in retrospect the item should have been included on the agenda and not as part of new business.
Page 5 of 6 Mr. Garcia explained that agenda setting is generally established within the bylaws of each Committee. He stressed using appropriate methods of communication that comply with the Florida Sunshine Law. Mr. Thornburg recommended that in the future agenda setting should be open to all members of the Committee as was done in the past and not be limited to the Chair. He asked Ms. Regna to recuse herself to avoid the appearance of a Conflict of Interest due to her affiliation with the UTD union. Ms. Regna stated that she has no conflict of interest; however, she agreed to recuse herself to avoid the appearance issue raised by Mr. Thornburg. Mr. Thornburg proposed that the Committee determine if it has jurisdiction to address Mr. Viscito complaint and if so to write a letter to the Board asking them to delay their decision to select the Superintendent. Dr. Perez commented that these discussions are appropriate for the Ethics Committee and noted that she had asked the Chair to include the item on the EAC s agenda. There was an extensive discussion about the determination of jurisdiction by the EAC, appropriate process for agenda setting and appropriate timing for noticing the public. Mr. Viscito expressed disappointment that none of the parties addressed in his communications provided a response to his complaint. Ms. Regna commented the various recipients may have been confused because the letter was distributed to multiple parties. Ms. Becerra asked if the EAC can render an opinion before the School Board meeting of October 10, 2008. Mr. Garcia responded that the issues addressed are procedural and also EAC jurisdiction is of an advisory nature. Mr. Thornburg stated that the public is entitled to know but the Committee should not compound the error by addressing an issue without proper notice.
Page 6 of 6 Mr. Barea stated that procedures were apparently not broken and recommended that the Committee agree on an ethical solution and move forward. Mr. Vann reiterated his past observations that there are no procedures established to guide how the EAC business is conducted and noted that the agendas are normally prepared under the guidance of the Chair, and that Ms. Regna s decision was not ill intended. Mr. Thornburg made a motion, seconded by Ms. Becerra which carried by majority vote to draft a letter to the School Board asking them to postpone its vote on the new Superintendent s contract so that the EAC have an opportunity to review Mr. Viscito s complaint and provide its opinion to the School Board. Ms. Becerra made a motion, seconded by Ms. Regna which carried unanimously for a special meeting on Wednesday, October 8, 2008 at 8:30 a.m. to review the complaint from Mr. Viscito regarding alleged ethical issues arising out of the appointment of the new Superintendent. Mr. Vann asked the committee if there was a consensus that the committee has jurisdiction to discuss the issue. Ms. Becerra stated that what occurred was an error, i.e. placing the item under new business on the agenda and that while there were consequences, the Committee addressed the issue of jurisdiction and will meet on Wednesday, October 8, 2008 at 8:30 a.m. to officially review the complaint. XI. ADJOURNMENT There being no further discussion the meeting was adjourned at 11:20 a.m.