Keep Eanes Informed                                                                                               

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No man stands so tall as when he stoops to help a child.
 - Abraham Lincoln

Judge each day not by the harvest you reap, but by the seeds you plant.

 - Robert Louis Stevenson

All children deserve an equal playing field.

- Ed Allen, Westlake Picayune April 2008

Nothing is more destructive of respect for the government and the law of the land than passing laws which cannot be enforced.

- Albert Einstein

- JUMBOTRON                                                                 

       How much money is the Jumbotron generating?*

        *     Jumbotron expenses and revenues

               Action Sports Media file

               Action Sports Media - Termination and Release Agreement dated July 27, 2004

        Will future proceeds go to serve all students?**

        **    Revenue Generating Task Force Handout - page 39 - September 13, 2004 board meeting

From: S Bushart
Sent: Monday, February 06, 2006 12:29 PM
Subject: Eanes Community Update #4

Dear Eanes friends:

Most of us understood that Eanes taxpayers purchased the Jumbotron scoreboard with close to $500,000 of bond money--which was fine with most of us because we were told that advertising  income generated by the Jumbotron would benefit Eanes education. We were told that the Jumbotron would pay for itself in just a few years and that revenue could support teacher salaries. Most of us assumed that the proceeds from this advertising revenue would be deposited in the general fund account for distribution of goods and services to benefit all of our students at every grade level.

Unfortunately, we have no way of verifying this because many of these records have not been made public.

Despite the Internal Revenue Service requirement for all 501(c)3 organizations that "all records, books, and annual reports of the financial activity of the corporation shall be kept at the registered office or principal office of the corporation in this state for at least three years after the closing of each fiscal year and shall be available to the public for inspection and copying there during normal business hours," the Westlake CHAPS Club has refused to open its books to the public.  Why?

Eanes responded to a recent request for jumbotron revenues with a letter stating that there were no responsive documents.

What are they hiding?  What don't they want the public to see or to find out about?   Is there something amiss?

Eanes parents and taxpayers have the right to know what the total costs have been for the Jumbotron, including initial purchase, insurance, operating costs and expenses to cover vandalism and the additional security required.  After all, we paid for the Jumbotron.  We also have the right to know how much revenue has been generated by the Jumbotron and how much total revenue has been deposited to the general fund.  More questions:  Has Eanes ISD turned the Jumbotron advertising revenue over to the non-profit Westlake Chaps Club?  Does the advertising revenue from the Jumbotron currently benefit only Westlake H.S. athletics?

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

Susan Bushart

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

From: S Bushart
Sent: Thursday, March 30, 2006 4:13 PM
To: sbushart
Subject: Eanes ISD Community Update #15

March 30, 2006

Dear Eanes Friends,

This week I've sent you three updates illustrating my attempts to access 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 the stadium signs, parking spaces and radio broadcasting. As mentioned in Eanes ISD Community Update #4,  I have also asked for information relating to advertising income generated by the Jumbotron.

Another Eanes taxpayer requesting similar documentation received a response from the EISD Records Management Coordinator on January 11, 2006 indicating that there were no documents held by the district reflecting advertising revenue from the stadium signs, gymnasium signs, jumbotron and/or radio broadcasting.* A letter was sent to our superintendent, Nola Wellman on March 23, memorializing the numerous unsuccessful attempts to access these financial records. This communication presented several questions and  disturbing conclusions.**

Nola Wellman has not responded.

The quest for this information was expanded to an internet search.  You can imagine my surprise to discover answers to some of these questions in an article published on the financial website Bloomberg.com. The article mentions Westlake Chap Club President Bill Orr and states:

"Orr, president of Westlake High's Chaps Booster Club, says his best fund-raiser included a golf tournament and auction that offered a guitar from the rock band the Eagles and Elvis Presley records. It raised $68,000. The club raised another $80,000 selling corporate-sponsorship space on the electronic scoreboard. A donation of at least $1,000 delivers a reserved parking spot at 12,000-seat Chaparral Stadium on game days. There were 50 sold this year." ***

Although this article claims the Westlake Chap Club raised $80,000 selling corporate-sponsorship space on the electronic scoreboard (Jumbotron), a document submitted to EISD by the Westlake Chap Club indicates only $52,416.68 was raised.**** Of that amount, the Eanes Independent School District received only $18,203.24 income. I don't have information clarifying what accounting fund EISD deposited the revenue into.

Questions for consideration:

-Why did EISD state on January 11, 2006 that the district had no documents relating to Jumbotron advertising income when they in fact had the Chap Club statement dated August 16, 2005?

- Why did EISD expend public education dollars on legal fees attempting to withhold documents relating to the Jumbotron contracts, proposals, agreements and income associated with the Westlake Chap Club.

- Why won't EISD and/or the Westlake Chap Club provide access to the agreement referenced in the August 16, 2005 statement?****

- Why didn't EISD provide any documents reflecting board consideration and/or vote relating to agreements with the Westlake Chap Club's association with the Jumbotron?

- Why is there a difference of approximately $28,000.00  in claimed Jumbotron revenue  between the internet article and financial accounting provided to our district?

 - Why is the Westlake Chap Club willing to discuss the organization's finances with reporters, yet unwilling to share the substantiating documentation with our taxpayers?

Once again I encourage both the Eanes Independent School District and the Westlake Chap Club to provide easy access  on their websites to information relating to the income and expenditures of public education funds allowing for clear understanding of our district's policies and spending priorities.

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

Susan Bushart

Questions relating to the revenue generated by the Jumbotron can be directed to:

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

Susan Pulis Assistant Superintendent Business Affairs  spulis@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

__________________________________________________

*        See attachment  EISD response to ORR #1228

**      See attachment  letter to Nola Wellman

***    Orr, president of Westlake High's Chaps Booster Club, says his best fund-raiser included a golf tournament and auction that offered a guitar from the rock band the Eagles and Elvis Presley records. It raised $68,000. The club raised another $80,000 selling corporate-sponsorship space on the electronic scoreboard. A donation of at least $1,000 delivers a reserved parking spot at 12,000-seat Chaparral Stadium on game days. There were 50 sold this year.

The club recently raised $200,000 to buy equipment for the school's 4,000-square-foot (372-square-meter) weight room.

Link to article here  http://www.bloomberg.com/apps/news?pid=10000103&sid=aaqG21AIhLvM&refer=us#

****  See attachment  Chap Club Jumbotron collections

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