C.U. 12

[Company Logo Image] Keep Eanes Informed

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Community Update # 12

From: S Bushart
Sent: Monday, March 27, 2006 2:00 PM
To: sbushart
Subject: Eanes ISD Community Update #12

March 27, 2006

Dear Eanes Friends,

On July 17, 2005 I filed the following request for public information:

Pursuant to the Texas Public Information Act, please allow me to view any and all documents that show or reflect contracts, proposals, requests, and/or agreements, between the Eanes Independent School District and the Westlake Chap Club and/or Westlake Chap Club Inc. related to advertising income generated by and/or associated with radio broadcasting between the dates January 1, 2003 and today's date. Responsive documents should include, but not be limited to:

- all written proposals submitted to the Superintendent of Eanes ISD,

- all superintendent written response to proposals,

- official minutes from board of trustee meetings,

- official record of board vote and approval of any and all associated proposals,

- district accounting and records related to any joint agreements between the Chap Club and/or Chap Club Inc. related to income associated with radio broadcasting,

- records associated with the Superintendent's periodic reports to the Board regarding expenditures and progress on the joint project,

- records of district expenses associated with any contracts, proposals and/or agreements to include operating expenses, maintenance, insurance, and/or vandalism associated with radio broadcasting

- documents that identify the benefit related to the district's fundamental goals and mission of providing public education services to its residents in any agreement, or decision to expend its funds for or permits use of its services on behalf of individuals, private organizations, or nonprofit organizations

- all documents that show or reflect compliance with Eanes ISD Board Policy GK (LOCAL) which can be referenced at http://www.tasb.org/policy/pol/private/227909/pol.cfm?DisplayPage=GK(LOCAL).html and Eanes ISD Board Policy CE (LEGAL) which can be referenced at http://www.tasb.org/policy/pol/private/227909/pol.cfm?DisplayPage=CE(LEGAL).html&QueryText=CE LEGAL .

Eanes ISD directed their legal counsel to file for an opinion from the Office of the Attorney General ("OAG") allowing the district to withhold the responsive documents from public disclosure. The

OAG rendered their decision allowing "permissive" (not the same as required....districts can opt to release information identified as "permissive" ) redactions. The numbers on the bottom of the documents I received indicated that EISD attorneys submitted at least 217 documents for review. I only received 45 heavily redacted pages.* I did not receive documents reflecting board meeting minutes, accounting records, written proposals, contracts, legal bills, operating expenses, insurance, maintenance or vandalism expenses.

Questions for Consideration

- Did our Board of Trustees vote on and approve any district policy, decision or agreement with the Westlake Chap Club relating to radio broadcasting/advertising agreements of district athletic events?

- Why can't the public access these contracts and/or agreements?

- Why can't the public access any written proposals submitted to the superintendent relating to the radio broadcasting?

- Why can't the public access any written responses to these proposals from the superintendent?

- Why didn't Eanes ISD provide official minutes from board of trustee meetings relating to these negotiations in response to this request?

- Why can't the public access documents reflecting district accounting records related to joint agreements involving the Westlake Chap Club related to income associated with radio broadcasting?

- Are there any records associated with the superintendent's periodic reports regarding expenditures and progress relating to radio broadcasting agreements?

- Why didn't Eanes provide records of district expenses associated with the contracts, proposals and/or agreements relating to radio broadcasting advertising revenue? Legal bills obtained from another community member reflect several charges relating to these advertising agreements.**

- Why did Eanes ISD spend over $2,500.00 public education funds on the legal fees associated with these contracts? Should the Westlake Chap Club have paid these expenses?

- Is Eanes ISD in compliance with Board Policy GK (LOCAL) and CE (LEGAL)? (attached below)

- Should contracts and advertising revenue be administered by Eanes ISD and funds deposited into the general fund, rather than funneling this income through the Chap Club to benefit only athletics?

I encourage the Eanes ISD administrative staff and board of trustees to provide easy access to documents that would answer these questions as opposed to expending district funds on the legal expenses associated with attempts to withhold this information from our taxpaying community.

Wishing all the best for our students, our parents, our teachers, and our taxpayers,

Susan Bushart

Questions relating to radio broadcasting agreements, contracts, and advertising revenue can be directed to:

Susan Pulis, Assistant Superintendent Business Affairs spulis@eanes.k12.tx.us

Nola Wellman Superintendent nwellman@eanes.k12.tx.us

EISD Board of Trustees trustees@eanes.k12.tx.us

Westlake Chap Club Board of Directors (Co-Presidents) Liz Ann and Bill Orr sharyorr@yahoo.com; billorr@orrholdings.com

Westlake Chap Club Board of Directors (Advertising) Judith Cabaza-Perez and Romeo Perez Jperez@eanes.k12.tx.us; rojuperez@aol.com

____________________________________________________________________________

* See attached documents: radio broadcasting

** See attached documents : legal bills

Eanes ISD
227909

COMMUNITY RELATIONS

GK
(LOCAL)


DISTRICT SERVICES TO OUTSIDE ORGANIZATIONS AND ENTITIES	This policy establishes criteria and a process for the District to determine whether its services can or should be made available to individuals, private organizations, or nonprofit organizations. Decisions regarding agreements with other governmental entities shall be made in accordance with the Interlocal Corporation Act. [See GR(LEGAL)]
	Under state law, the District performs only governmental functions and has no proprietary functions. All decisions regarding expenditures of District funds and outside use of District services must be guided by the following criteria: The District shall not gratuitously grant public funds or other things of value in aid of any individual, association, or corporation. [See CE(LEGAL)] The District must identify a benefit related to its fundamental goals and mission of providing public education services to its residents in any agreement or decision to expend its funds for or permits use of its services on behalf of individuals, private organizations, or nonprofit organizations.
INITIAL PROPOSAL OR REQUEST	An individual, private organization, or nonprofit organization seeking use of District services must meet with the Superintendent or designee to discuss the request. At this meeting, the participants shall define issues, clarify District responsibilities (if any), and examine options. No District commitments shall be made without a written proposal describing the project or request in some detail and describing the services or participation requested of the District.
WRITTEN PROPOSAL OR REQUEST	An individual, private organization, or nonprofit organization seeking use of District services must present a written proposal to the Superintendent that defines the nature of the request, describes the project in some details, and describes the services or participation requested of the District. The Superintendent or designee shall evaluate the proposal to determine: The benefit related to its fundamental goals and mission of providing public education services to its residents that would accrue to the District by accepting the proposal and agreeing to the requested participation. The time expenditure required of District personnel or District consultants if the District agreed to the requested participation. The money expenditure required from District funds if the District agreed to the requested participation.
DISTRICT RESPONSE	The Superintendent or designee shall provide a written response to the requestor within a reasonable time after completing the proposal evaluation. The District may accept or reject the proposal, request further information, or make a counter proposal. If the Superintendent or designee recommends accepting the proposal, he or she shall provide the requestor with an estimate of the cost to the District and conditions for payment to the District.
BOARD APPROVAL	Any proposal that would entail direct or indirect cost to the District, including costs associated with staff time and effort, in excess of $2,500 must be approved by the Board.
PROJECT MANAGEMENT AND ACCOUNTING	If the District and the individual, private organization, or nonprofit organization agree on the terms for District participation in the project, the District's responsibilities under the agreement will be managed according to standard business operating procedures. The District will maintain separate accounting and records for all joint projects with individuals, private organizations, or nonprofit organizations detailing all staff time and effort and money expended. The Superintendent or designee shall provide periodic reports to the Board regarding expenditures and progress on the joint project.

DATE ISSUED: 01/15/2001
LDU-03-01
GK(LOCAL)-X

This online presentation of your district's policy is an electronic representation of TASB's record of the district's currently adopted policy manual. It does not reflect updating activities in progress. The official, authoritative manual is available for inspection in the office of the Superintendent. [See BF (LOCAL) for further information.]

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