Statement from Chatham County school board about the fraud discovered by the state auditor

Date: Mon, 16 Jan 2012 23:05:11 -0500
From: Mia Munn
Subject: more notes from the January 9 school board meeting

Part 2

My notes on the Monday, January 9, 2012, CCS school board meeting.

Statement to the community about the state auditor’s report.

This was not on the agenda – I’m not sure why they didn’t add it when they made the other addition.

Mr. Hamm read the following statement on behalf of the board (this
statement was reviewed by attorneys during the closed session between
the retreat and this meeting)
http://board-of-education.chatham.k12.nc.us/modules/locker/files/get_group_file.phtml?gid=2348954&fid=14821989&sessionid=fdf2a14640854420d5fc7c33b69b15ec

There has been much discussion about the State Auditor’s report related to
our willingness to fulfill the request of the NCHSAA to add Rick Strunk as
an employee of the Chatham County Board of Education with all his pay and
benefits being covered by the NCHSAA and at no cost to the school system.
At the time of their request, we were fully aware that this procedure was
approved by the state retirement system as it applies to other similar
providers of services to Board’s of Educations in North Carolina. We were
also aware of the substantial service rendered to our schools and all other
public schools by the NCHSAA and its employees. Our legal counsel was
present for this discussion and raised no objection. We discussed the
matter fully, requested that our counsel draw an appropriate contract
between the Board and the NCHSAA employee, placed the action on all public
agendas and voted to allow the request. At the time the Board acted on the
request, we did not know that the NCHSAA had made a similar request of the
Orange County schools. Only during the audit did we find out that the
association had approached Orange County. Neither Mr. Logan nor the Board
was aware that the retirement system had informed the NCHSAA that it could
not enter into such an arrangement. Had we known this fact we would have
not entered into this agreement. In retrospect, we should not have assumed
that this issue had been vetted by the NCHSAA with the retirement system
and done so ourselves. We recognize in hindsight that this was an error and
we have publicly apologized for this mistake. We tried throughout this
process to act in a public, transparent way. Mr. Strunk’s hiring was done
in public and the minutes discussing his role with the NCHSAA were
published on the Board’s website.

After the State Auditor’s office contacted us, we hired independent counsel
to track the State Auditor’s report and the facts. They have met with
representatives of the NCHSAA as well as the auditor’s office and advise us
that, in their opinion, there is no substantive evidence of wrongdoing in
any way, by this Board or its employees in this matter. It is our opinion
that a mistake was made in not calling the retirement system and asking the
specific question regarding the availability of such an employment
arrangement. We should not have assumed that because the State allows this
with some agencies, they might not with others. All people and institutions
make unintentional mistakes. When this happens, as it did here, we
apologize, correct the mistake but do not reprimand unintentional,
well-meaning behavior and we will not do so here. We have done what we
could to immediately remedy the situation, been completely transparent in
our procedures, honest in our responses, apologized and learned yet another
of life’s lessons. There are a few who will continue to criticize this
unintentional mistake. That is how public life is. We, however, will learn
from it, continue to build on our proud record of success and continue to
do our job of providing the best educational opportunities to the children
of Chatham County.

Mr. Logan also made impromptu remarks about the auditor’s report. He was
not reading from a prepared statement. I hope the meeting minutes include a
transcript, but here are my notes (not all direct quotes).

Since there have been harsh comments on my leadership, I want to apologize
to the board and the citizens for any negative reflection on the reputation
of the board and the district, and the damage to the credibility of the
board and myself. I should have vetted this agreement myself. I had every
reason to believe it was legitimate. My selection of Superintendent of the
Year for the NCHSAA was made by a nominating committee, not the NCHSAA
itself. My selection for the board of directors of the NCHSAA was made by
other superintendents, not the NCHSAA. Some will seek some personal reason
for what I did. I am sorry if I offended people, but there was no personal
gain.

I have learned many lessons in my career. I have lost more sleep and
worried more over this issue than any other situation in my career. We need
to continue good faith partnership with worthy organizations, but I will
vet them in depth in the future – there will be proper legal and financial
vetting.

I will continue to serve this district. We will continue to provide
programs like the Dual Language program. I spoke to the Chatham News
reporter today during the retreat, so that the retreat’s discussion of the
Strategic plan will get some local coverage. There will be a record of what
we have done for children.

This was an honest mistake. It has been corrected. I hope the community
will allow us to move on. I am so sorry about what happened.

Budget Calendar

The board approved the budget calendar with the addition of the Budget
Advisory Committee meetings on January 17, February 7, February 23, and
March 15. (Note: I am a member of the Budget Advisory Committee. As far as
I can tell, the meeting Jan 17 has not been announced except at the board
meeting. This should be a public meeting open to anyone. It is Tuesday,
January 17 at 3:30 in the Central Office Board room. I will make sure the
future meetings are properly announced.)

2012-2014 Board Priorities

At the retreat (during the day Jan 9), the board discussed the Strategic
Plan. The plan is too big for the district to focus on everything. The
board decided to continue to focus on the same 5 goals and 7 objectives,
with two amendments – moving teacher effectiveness to number one and adding
AIMSWeb assessment data to the Grade 3 proficiency goal.
http://board-of-education.chatham.k12.nc.us/modules/locker/files/get_group_file.phtml?gid=2348954&fid=14753147&sessionid=fdf2a14640854420d5fc7c33b69b15ec

Resolution – School Pay Date Revision

The NC School Boards Association proposed a resolution for boards to adopt
concerning required changes in pay dates, which would ask the legislature
to defer implementation until July 1, 2013. Mr. Logan then mentioned the
NCAE’s restraining order against the legislature’s action prohibiting dues
from being deducted from school employees’ paychecks. One of the board
members pointed out that the NCAE has nothing to do with the resolution,
and that they needed to address the issue on the agenda. Ms. Little pointed
out that the legislature may reconsider the change (which was an unintended
consequence of other changes last summer). Mr. Logan said the resolution as
written does not require the board to sign it, but that they could amend
the resolution. The board approved the resolution as proposed, with thanks
to the Finance Office for the communication to employees on this issue.

Calendar Waiver Request

The legislature changed the required number of student school days from 180
to 185. Every district that asked got a waiver for this school year (since
it was approved only a few weeks before school started, and long after
district calendars were published to families). Last fall, the state Board,
which has to approve the waiver, indicated that it would be difficult for
districts to get waivers for next year. Now, they have reopened the period
to apply for waivers, and have indicated that many districts will be
approved. The additional 5 school days would cost CCS about $60k in bus
costs. Mr. Logan recommended that the board ask for the waiver because of
the cost, and because of the need for those 5 days as professional
development for the Common Core and Essential Standards curriculum changes.
75 (of 115) districts have already applied for a waiver. The waiver
application has to include a proposed 180-day calendar. Since the board
hasn’t approved a calendar for 2012/13 yet, the proposal includes one,
which can be changed later. Mr. O’Brien wanted to keep the extra
instructional days, since research stressed the need for more instructional
time. Ms. Turner said the teachers need the training. The board approved
requesting a waiver from the state board.

School Smiles

George Gregor-Holt made a proposal to bring a program called School Smiles (
schoolsmiles.com) into district schools to provide dental care. They have a
fully portable dental office. After parental approval, they perform
cleaning, x-rays, fluoride treatments, sealants, instruction, as well as
more complicated procedures like extractions and crowns. They offered to
come to all schools with elementary age students, but the proposal
presented includes only Moncure, Virginia Cross, and Siler City Elementary
as pilot sites. Students are out of class for 45 minutes, less than the
time to go to a private dental appointment. The staff is bilingual. They
provide a 24/7 emergency line. They work with local providers. There are
very few dentists in the county that take Medicaid (3 now, zero in some
past years). School Smiles bills Medicaid and private insurance, with
sliding scale fees and some pro bono work. There is a dentist, hygienist,
and dental assistant. They have liability insurance, they provided
background checks on employees, and they gave the district written letters
of reference. The proposal was for action at the meeting, though there was
no deadline for acceptance.

Board members had a number of questions. Mr. O’Brien asked about cost to
parents. Mr. Soo (board attorney) asked if there was a copy of the contract
for review before approval. Mr. Gregor-holt said there wasn’t a contract,
but Mr. Soo said there should be some written agreement, and that the board
(and attorney) should review it before approving the program. Mr. O’Brien
asked if we had spoken directly to any districts using the service, and the
answer was no. Someone asked if they were operating in NC. Mr. Gregor-Holt
said they were based in Indiana, and were in some NC districts but he
didn’t know which ones. Mr. Leonard said he liked the idea but was
concerned about the impact on local dentists. The proposal was tabled until
next meeting, with the direction that the administration should get a copy
of the agreement for the attorney’s review and that they should contact
some NC district using the service to get a reference check. Mr. Hamm asked
that a principal be asked how much disruption it really causes to the
school. Someone raised the issue of how they would be set up in a building
(what else would be displaced).

Criminal Check for Contracted Personnel

Mr. Logan said a situation had come to his attention, that a contractor had
someone working for him with pending sex charges. That person has been
prohibited from working on school grounds. A review of policy showed that
there was not a requirement for background checks if a contractor is on
campus but doesn’t have contact with children. In light of the Penn State
situation, they thought the policies needed to address this. A background
check is required by some large contracts, but not all contracts have that
clause. The board discussed the wording and wanted changes to include
pending charges. Ms. Turner wanted anyone with any criminal record
excluded, but Mr. Soo said that might be too broad, and might violate
employment law. Mr. Hamm asked that a provision be included in any
contracts renewed or signed before the policy is changed. They also wanted
it to include subcontractors. The policy was approved on first reading, but
will come back for approval of the revised language.

Management letter from district’s auditors

When the audit report was presented at an earlier meeting, there were no
issues, but the auditors have been made aware of an opportunity for the
district to strengthen internal controls and operational efficiency, in
light of the state auditor’s report (which was not available to the
district’s auditors at the time of their original report.) The letter from
our auditor, Dixon Hughes Goodman, recommends that the district comply with
the state auditor’s recommendations.
http://board-of-education.chatham.k12.nc.us/modules/locker/files/get_group_file.phtml?gid=2348954&fid=14821736&sessionid=fdf2a14640854420d5fc7c33b69b15ec

The board voted to go back into closed session. I did not stay till they
came back to open session, but they decided to add a closed session at 5 pm
to the n