Post by T. Austin on Nov 20, 2021 16:44:26 GMT -7
The Banning Lewis school board published official minutes of a meeting on 9-30-21 that contain false, deceptive, and fraudulent statements. As many of you know, school board minutes are official declarations of a public/government body and must be validated and certified by the Secretary.
Our school board lied in their minutes of 9-30-21. This is a long post but worth the read.
A special session of the board was called one week after a new board member unexpectedly "resigned" to discuss the eligibility and conflicts of interest of the school board president. You will see that in item 6.1.5, the board minutes document "Contract with Accel was sent to BOD election committee, when reviewed, it did not meet the
criteria for a conflict after review."
I made a CORA request of Dr. Leanne Weyman, custodian of records, on 10-29-21, asking for two things. The text of that CORA request is inserted below.
-------------CORA REQUEST 10-29-21 follows ---------------
Dear Leanne -
As you may recall, I recently made an open records request that was denied on the grounds that Accel Schools--being a private company--is not subject to open records requests.
I sent your reply for review to my attorney who has advised that, in fact as you specified, Accel schools is not subject to open records request. However, I have also been advised that any documentation possessed by, sent by, or received by a BLRA staff member or BLRA board member IS subject to open records requests.
In the board minutes dated September 30, 2021, the following statement appears, referencing a financial contract between Heather Zambrano or her company AKBZ LLC, and Accel Schools:
6.1.5. Contract with Accel was sent to BOD election committee, when reviewed, it did not meet the criteria for a conflict after review.
1). Since this contract was received by and was/is in the possession of the BOD Election committee, please reply with a copy of this contract.
2). Since this statement references a review by the board and/or the BOD election committee, please reply with the documentation of that review and any board discussion pertaining to the specific criteria upon which it was judged at that time to not be in conflict with board by-laws or policies.
------------------------------------------------------------------
On November 5th, 2021, Dr. Weyman replied, writing:
We are not able provide a copy of the requested agreement between Accel and Heather Zambrano. Without limiting any other grounds on which we may deny the request, parties to the contract are subject to a nondisclosure obligation.
To the extent that your request relates to information pertaining to proceedings that may have occurred at meetings of the board, those requests should be directed to the board.
Thank you,
Leanne Weyman
-----------------------------------------------------------------
Because she directed me to make my request about item 2 to the board, I sent three open records requests to 2 members of the "BOD Elections Committee" Todd Blum & Deanne Barnett, and then eventually to Alexandra Tomei (the board secretary)
After several rounds of denials and then release of the contract, I sent the following updated CORA request reply to all parties:
-----------------------------------------------------------------
November 18th follow-up regarding outstanding (unfulfilled) CORA request
Dear Dr. Weyman -
At your direction, my open records request was made to Ms. Tomei and Mrs. Barnett, so your reply here does not satisfy my CORA request. Per CORA, those individuals have 3 days to respond. While I have received a copy of Heather Zambrano's contract with Accel, showing the "fees" of $3333 she requires to work for Banning and that were negotiated between Deann and Ron (per Heather's now public application documents), I have not received from either person the remaining items requested.
While I wait for Ms. Tomei and Mrs. Barnett to provide those documents, let me provide a friendly reminder about Colorado Open Meeting laws. You will see clearly referenced in this document that a meeting of the "BOD Elections Committee" (Todd, Deann, Krisell) referenced in the 9-30-21 board minutes met the open meeting standard. As such, that meeting must have accompanying minutes since action was taken (the BOD Elections committee reviewed and determined that the contract did not meet criteria for a conflict, thus resolving the disqualification from eligibility). This is particularly questionable since the very same minutes reference that the $18000 Heather Zambrano was paid from D49 through her LLC WAS a conflict of interest, but the board WAIVED their own eligibility policies in order to keep Heather Zambrano on the board.
The public has a right to see these minutes and the vote tallies that, per open meetings laws, must have been recorded. Seeing none, the minutes of 9-30-21 are fraudulent, deceptive, forged, and must be addressed swiftly.
What is the remedy the public can expect at or before the next board meeting?
------------------------------------------------------------------
Finally, on November 19th (21 days AFTER the original request was made), the CORA request was fulfilled, confirming that there were no documents. See below:
Good afternoon (to Deanne Barnett). Leann already replied to me as the official custodian of records that no documents exist. I have asked her kindly to make an official statement to that fact and what it means for stakeholders to receive the benefit of transparency.
The minutes in April only preview elections as future business. I find no reference to elections in May meetings. I see that on June 15, 2021, item 15.1.2 reads “no discussion.” The minutes of July 20 record “no discussion,” in 15.5.2. I find no mention of elections in all August minutes. The minutes of September 30 record that discussion and action previously occurred. I can’t find a single record that confirms your response today or that supports what was recorded on 9-30-21.
If I missed something, that was what the intent of my request was!
I was hopeful when I made the request that any one of you would very easily produce the documents supporting your claims of a proper discussion during a convened meeting of the board to back up the action you took on Heathers ACCEL contract.
Regrettably, again, that answer appears to be no.
Regardless, I have accepted Leann’a response as the official response to my original request dated 10-29-21.
Dr. Weyman's OFFICIAL statement on 11-18-21 as BLRA Custodian of Records
Dear Mr. Austin:
You recently requested from Deann Barret and Alexandra Tomei “documentation of that review and any board discussion pertaining to the specific criteria upon which it was judged at that time to not be in conflict with board by-laws or policies,” the foregoing being in reference to the review described in item 6.1.5 of the September 30, 2021 minutes of the BLRA Board.
I have confirmed that there are no documents responsive to your request. Please note that to the extent that your requests relate to “board discussion,” the School is only able to respond to the request to the extent that a record of the same actually exists presently. I.e., the School is not obligated under CORA to answer questions or create new records.
Best regards,
Leanne Weyman
My Response to the Official response to my CORA request:
Good afternoon.
While I appreciate a reply, your email sends a confusion message in that you now appear to be answering for the board? Recently, you directed me to make my requests pertaining to the board to them, which I have done. As such, this CORA request is not satisfied until I hear directly from Ms. Tomei and Deann before the end of the 3-day period allowed by CORA. Thank you for understanding.
Your confirmation that there exists no documentation of discussion or vote tallies that led to consequential action (ruling on the contract between Accel and Heather Zambrano) clarifies that the board minutes of 9-30-21 referenced in these CORA requests are deceptive and fraudulent. Other terms for this sort of egregious behavior include forgery and falsification of official documents.
What is the proposed internal remedy for this clear violation?!
------------------------------------------------------------------------
So what does all this mean? When the board posted in its official and later approved minutes of 9-30-21 that the BOD Elections committee reviewed the contract Heather Zambrano has with Accel schools (the management company) AND took action by determining that it was not a conflict of interest for her to sit on the board, they lied. The BOD elections committee was three people in spring and early summer 2021 when election notices went out (Krisell, Deanne, Todd). Colorado Open Meetings law require that any meeting of 3 members or a quorum (whichever is fewer) meet, that meeting must be noticed to the public and have an agenda and minutes. So, when I asked for those minutes, I was told 1) there is no documentation (Leanne), and then 2) those discussions happened in board meetings (Deanne). Tracing back through official board minutes to April 2021 (well before the notice of elections went out), there is NO DISCUSSION recorded about this contract and their review of it, until it is mentioned on 9-30-21.
There are no minutes because the discussion never happened! If discussion and action actually did happen as it was recorded on 9-30-21, and it was done properly and lawfully, there would be minutes!
The board lied to the public on 9-30-21 when it recorded that it reviewed and took action on Heather's contract with Accel.
Our school board lied in their minutes of 9-30-21. This is a long post but worth the read.
A special session of the board was called one week after a new board member unexpectedly "resigned" to discuss the eligibility and conflicts of interest of the school board president. You will see that in item 6.1.5, the board minutes document "Contract with Accel was sent to BOD election committee, when reviewed, it did not meet the
criteria for a conflict after review."
I made a CORA request of Dr. Leanne Weyman, custodian of records, on 10-29-21, asking for two things. The text of that CORA request is inserted below.
-------------CORA REQUEST 10-29-21 follows ---------------
Dear Leanne -
As you may recall, I recently made an open records request that was denied on the grounds that Accel Schools--being a private company--is not subject to open records requests.
I sent your reply for review to my attorney who has advised that, in fact as you specified, Accel schools is not subject to open records request. However, I have also been advised that any documentation possessed by, sent by, or received by a BLRA staff member or BLRA board member IS subject to open records requests.
In the board minutes dated September 30, 2021, the following statement appears, referencing a financial contract between Heather Zambrano or her company AKBZ LLC, and Accel Schools:
6.1.5. Contract with Accel was sent to BOD election committee, when reviewed, it did not meet the criteria for a conflict after review.
1). Since this contract was received by and was/is in the possession of the BOD Election committee, please reply with a copy of this contract.
2). Since this statement references a review by the board and/or the BOD election committee, please reply with the documentation of that review and any board discussion pertaining to the specific criteria upon which it was judged at that time to not be in conflict with board by-laws or policies.
------------------------------------------------------------------
On November 5th, 2021, Dr. Weyman replied, writing:
We are not able provide a copy of the requested agreement between Accel and Heather Zambrano. Without limiting any other grounds on which we may deny the request, parties to the contract are subject to a nondisclosure obligation.
To the extent that your request relates to information pertaining to proceedings that may have occurred at meetings of the board, those requests should be directed to the board.
Thank you,
Leanne Weyman
-----------------------------------------------------------------
Because she directed me to make my request about item 2 to the board, I sent three open records requests to 2 members of the "BOD Elections Committee" Todd Blum & Deanne Barnett, and then eventually to Alexandra Tomei (the board secretary)
After several rounds of denials and then release of the contract, I sent the following updated CORA request reply to all parties:
-----------------------------------------------------------------
November 18th follow-up regarding outstanding (unfulfilled) CORA request
Dear Dr. Weyman -
At your direction, my open records request was made to Ms. Tomei and Mrs. Barnett, so your reply here does not satisfy my CORA request. Per CORA, those individuals have 3 days to respond. While I have received a copy of Heather Zambrano's contract with Accel, showing the "fees" of $3333 she requires to work for Banning and that were negotiated between Deann and Ron (per Heather's now public application documents), I have not received from either person the remaining items requested.
While I wait for Ms. Tomei and Mrs. Barnett to provide those documents, let me provide a friendly reminder about Colorado Open Meeting laws. You will see clearly referenced in this document that a meeting of the "BOD Elections Committee" (Todd, Deann, Krisell) referenced in the 9-30-21 board minutes met the open meeting standard. As such, that meeting must have accompanying minutes since action was taken (the BOD Elections committee reviewed and determined that the contract did not meet criteria for a conflict, thus resolving the disqualification from eligibility). This is particularly questionable since the very same minutes reference that the $18000 Heather Zambrano was paid from D49 through her LLC WAS a conflict of interest, but the board WAIVED their own eligibility policies in order to keep Heather Zambrano on the board.
The public has a right to see these minutes and the vote tallies that, per open meetings laws, must have been recorded. Seeing none, the minutes of 9-30-21 are fraudulent, deceptive, forged, and must be addressed swiftly.
What is the remedy the public can expect at or before the next board meeting?
------------------------------------------------------------------
Finally, on November 19th (21 days AFTER the original request was made), the CORA request was fulfilled, confirming that there were no documents. See below:
Good afternoon (to Deanne Barnett). Leann already replied to me as the official custodian of records that no documents exist. I have asked her kindly to make an official statement to that fact and what it means for stakeholders to receive the benefit of transparency.
The minutes in April only preview elections as future business. I find no reference to elections in May meetings. I see that on June 15, 2021, item 15.1.2 reads “no discussion.” The minutes of July 20 record “no discussion,” in 15.5.2. I find no mention of elections in all August minutes. The minutes of September 30 record that discussion and action previously occurred. I can’t find a single record that confirms your response today or that supports what was recorded on 9-30-21.
If I missed something, that was what the intent of my request was!
I was hopeful when I made the request that any one of you would very easily produce the documents supporting your claims of a proper discussion during a convened meeting of the board to back up the action you took on Heathers ACCEL contract.
Regrettably, again, that answer appears to be no.
Regardless, I have accepted Leann’a response as the official response to my original request dated 10-29-21.
Dr. Weyman's OFFICIAL statement on 11-18-21 as BLRA Custodian of Records
Dear Mr. Austin:
You recently requested from Deann Barret and Alexandra Tomei “documentation of that review and any board discussion pertaining to the specific criteria upon which it was judged at that time to not be in conflict with board by-laws or policies,” the foregoing being in reference to the review described in item 6.1.5 of the September 30, 2021 minutes of the BLRA Board.
I have confirmed that there are no documents responsive to your request. Please note that to the extent that your requests relate to “board discussion,” the School is only able to respond to the request to the extent that a record of the same actually exists presently. I.e., the School is not obligated under CORA to answer questions or create new records.
Best regards,
Leanne Weyman
My Response to the Official response to my CORA request:
Good afternoon.
While I appreciate a reply, your email sends a confusion message in that you now appear to be answering for the board? Recently, you directed me to make my requests pertaining to the board to them, which I have done. As such, this CORA request is not satisfied until I hear directly from Ms. Tomei and Deann before the end of the 3-day period allowed by CORA. Thank you for understanding.
Your confirmation that there exists no documentation of discussion or vote tallies that led to consequential action (ruling on the contract between Accel and Heather Zambrano) clarifies that the board minutes of 9-30-21 referenced in these CORA requests are deceptive and fraudulent. Other terms for this sort of egregious behavior include forgery and falsification of official documents.
What is the proposed internal remedy for this clear violation?!
------------------------------------------------------------------------
So what does all this mean? When the board posted in its official and later approved minutes of 9-30-21 that the BOD Elections committee reviewed the contract Heather Zambrano has with Accel schools (the management company) AND took action by determining that it was not a conflict of interest for her to sit on the board, they lied. The BOD elections committee was three people in spring and early summer 2021 when election notices went out (Krisell, Deanne, Todd). Colorado Open Meetings law require that any meeting of 3 members or a quorum (whichever is fewer) meet, that meeting must be noticed to the public and have an agenda and minutes. So, when I asked for those minutes, I was told 1) there is no documentation (Leanne), and then 2) those discussions happened in board meetings (Deanne). Tracing back through official board minutes to April 2021 (well before the notice of elections went out), there is NO DISCUSSION recorded about this contract and their review of it, until it is mentioned on 9-30-21.
There are no minutes because the discussion never happened! If discussion and action actually did happen as it was recorded on 9-30-21, and it was done properly and lawfully, there would be minutes!
The board lied to the public on 9-30-21 when it recorded that it reviewed and took action on Heather's contract with Accel.