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From:
S Bushart
Sent: Friday, March 24, 2006 9:03 PM
To: sbushart
Subject: Eanes ISD
Community Update #11
March 24, 2006
Dear Eanes Friends,
According to Eanes ISD School Board Policy
GE (Local), school booster clubs are required to submit yearly financial
statements to the district. Also, University Interscholastic League (UIL)
booster club guidelines direct school districts to maintain records of
athletic booster club financial transactions.
In summary, together with other members of
our community I have unsuccessfully attempted to access these records on at
least ten separate occasions--over the past two and a half years.
HISTORY OF REQUESTS:
2003
- August 13, 2003 request
for Westlake Chap Club ("Chap Club") financial statements for past five years.
- No responsive documents provided by EISD.
2004
- March 22, 2004 request
for documents reflecting Chap Club income and expenditures from 2002-03 academic
year through date of request.
- No response.
- When Eanes ISD failed to provide any
response to this request for public information, I sought assistance from the
Office of the Attorney General in obtaining compliance with the Texas Public
Information Act. On September 14, 2004 (6 months after the request was
submitted) Nola Wellman certified to the Office of the Attorney General that no
documents responsive to the request have been located.*
2005
- June 4, 2005 request
submitted to Chap Club President for copies of checks from the organization's
account distributed between the dates January 1, 2002 and June 4, 2005.
- Access to records denied.
- Received a letter from Chap Club legal
counsel dated August 24, 2005 (two-plus months after request was submitted)
denying access to the requested records.** If the Chap Club benefits from
public property and/or funds (ex. Jumbotron, parking spaces, advertising
signs) the corporation may be subject to the Texas Public Information Act.
- June 12, 2005 request
submitted to Eanes ISD for the identity of the Eanes ISD employee designated to
sponsor, coach, or direct the activities of the Chap Club.
- No responsive documents per July 1, 2005
EISD email.***
- July
1, 2005 letter sent to Nola Wellman and Board of Trustees expressing
concern that the district is failing to comply with Eanes Board Policy GE
(Local).
- No response.***
2006
- January 29, 2006 request
submitted to Chap Club President requesting access to Chap Club financial
records ****
- No response.
- February 20, 2006
request re-submitted to Chap Club President citing the legal requirements to do
so pursuant to The Texas Nonprofit Corporation Act.****
- February 22, 2006
response generated by Chap Club legal counsel's offer to provide access to Chap
Club financial records in accordance with The Texas Nonprofit Corporation
Act.****
- February 27, 2006 request
to Chap Club legal counsel requesting appointment to view Chap Club financial
records.****
- No response.
- March 13, 2006 request to
Chap Club legal counsel reiterating request for an appointment to view Chap Club
financial records with a copy to Chap Club President.****
- No response.
Questions for consideration:
- Why isn't the Chap Club in compliance with
Eanes ISD Board Policy GE (Local) in their failure to provide yearly financial
audits to the district?
- Why won't the superintendent and/or Board
of Trustees respond to my requests for the identification of the school employee
designated to sponsor, coach or direct the activities of the Chap Club?
- Failure to comply with The Texas Nonprofit
Corporation Act is a Class B misdemeanor, so why hasn't the President of the
Chap Club provided access to the organization's financial record
- Why isn't Eanes ISD complying with the UIL
athletic booster club guideline that states, "Periodic financial statements
itemizing all receipts and expenditures should be made to the general club
membership and on file at the school."
I encourage the Westlake Chap Club to
provide easy access to all records relating to the
organization's financial transactions by posting the information on their
website
http://www.chapclub.org Eanes ISD has provided a link to the Westlake
Chaps Club on the district's web page
http://www1.eanes.k12.tx.us/athletics
Wishing all the best for our students, our
parents, our teachers and our taxpayers,
Susan Bushart
_____________________________________________
* See attachment
March 22 Chaps Club request and OAG certification
** See attachment June
4 Chaps Club request and response from legal counsel
*** See attachment July
1 letter (noncompliance Board Policy GE Local)
**** See attachment
January 29 Chap Club request and response from legal counsel
Eanes ISD Board Policy GE (Local)
http://www.tasb.org/policy/pol/private/227909/pol.cfm?DisplayPage=GE(LOCAL).html&QueryText=BOOSTER%20CLUB
UIL Booster Club Guidelines 2005-06
http://www.uil.utexas.edu/policy/booster_clubs.html
















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