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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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