Keep Eanes Informed                                                                                               

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From: S Bushart
Sent: Tuesday, March 28, 2006 8:22 AM
To: sbushart
Subject: Eanes ISD Community Update #13

March 28, 2006

Dear Eanes Friends,

On July 17, 2005 I submitted the following request for public information to Eanes ISD :

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 Chaps Club and/or Westlake Chaps Club Inc. related to advertising income generated by and/or associated with the stadium signs 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 Chaps Club and/or Chaps Club Inc. related to advertising income associated with the Westlake High School stadium advertising signs,

- 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 the stadium advertising signs,

- 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%20LEGAL .

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 any written proposals, superintendent responses to those proposals, related minutes from board meetings, accounting records relating to advertising income, contracts and/or agreements with the Westlake Chap Club to solicit and retain income from advertising signs placed on public school property.

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 stadium advertising and income generated?

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

    - Why didn't Eanes provide access to board minutes responsive to this request. I subsequently obtained minutes from the May 2002 facilities meeting from a community member.**

    - Why can't the public access any written proposals submitted to the superintendent relating to the advertising signs posted on athletic fields?

    - Are there any accounting records illustrating the advertising income generated from these signs?

    - Why didn't Eanes provide access to any records associated with the superintendent's periodic reports regarding expenditures and progress relating to these advertisements?

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

    - Is the Westlake Chap Club the sole beneficiary of this advertising revenue or is it shared with other school groups?

    - Should contracts involving advertising signs posted on public school property be administered by Eanes ISD and the revenue generated be deposited into the general fund?

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 attachment advertising signs

**    see attachment May 2002 facilities meeting

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