In the paper today, they indicate that the July Board meeting date of Thursday, July 2nd was a typo and that the real date is MONDAY July 2nd. So here is the amended posting.
Notice anything missing?
I’ll see you at?
Also, old posting is there as well which raised legal concerns, again, about posting times and rules pursuant to Delaware Code Title 29, Chapter 100??
Will this confusion and seemingly purposeful circumvention end anytime soon?
Pencader rebuilding board
Panel will elect three new members on Monday
Quote regarding the the situation from the story:
The Pencader High School board of directors will have just two board members Monday when it meets to appoint a new board.
Co-vice presidents Abe Jones and Judi Kennedy will be the only remaining board members for the meeting. The school’s bylaws require a minimum of five board members.
Here’s where confusion and questions come in:
What panel? The panel is not names in the article, yet teased in the headline.
There is no word “panel” in bylaws or state code about seating Board Members at a charter school, if there is, show it to me please.
Abe and Judi?
They are two people, the board must have 5 and a quorum of 3 to do business?
Has the state informed them that they have the power to assign people to a taxpayer entity absent a democratic process and FOIA as outlines in Title 29 Section 100?
Later in the article is notes that Abe Jones, co Vice-President, says that Jay Anderson is THE staff representative to the board, when he is A) an applicant and B) the bylaws require 2, not one.
The “typographical error” as Judi Kennedy asserts in the side bar of the story may amount to a FOIA violation per Title 29 chapter 100:
§ 10002. Definitions.
(a) “Agenda” shall include but is not limited to a general statement of the major issues expected to be discussed at a public meeting, as well as a statement of intent to hold an executive session and the specific ground or grounds therefor under subsection (b) of § 10004 of this title.
(b) “Meeting” means the formal or informal gathering of a quorum of the members of any public body for the purpose of discussing or taking action on public business either in person or by video-conferencing.
(2) All public bodies shall give public notice of their regular meetings and of their intent to hold an executive session closed to the public, at least 7 days in advance thereof. The notice shall include the agenda, if such has been determined at the time, and the dates, times and places of such meetings, including whether such meeting will be conducted by video-conferencing; however, the agenda shall be subject to change to include additional items including executive sessions or the deletion of items including executive sessions which arise at the time of the public body’s meeting.
(3) All public bodies shall give public notice of the type set forth in paragraph (2) of this subsection of any special or rescheduled meeting as soon as reasonably possible, but in any event no later than 24 hours before such meeting. A special or rescheduled meeting shall be defined as one to be held less than 7 days after the scheduling decision is made. The public notice of a special or rescheduled meeting shall include an explanation as to why the notice required by paragraph (2) of this subsection could not be given.
(4) Public notice required by this subsection shall include, but not be limited to, conspicuous posting of said notice at the principal office of the public body holding the meeting, or if no such office exists at the place where meetings of the public body are regularly held, and making a reasonable number of such notices available. In addition, all public bodies in the executive branch of state government that are subject to the provisions of this chapter shall electronically post said notice to the designated State of Delaware website approved by the Secretary of State.
I contend this meeting may be 100% illegal as it relates to a quorum, a legally sized board, and noticed.
Again, from the News Journal:
Shirley Roccia, who teaches ninth and 10th grade English at the school, said she has full faith in Lewis running the school.“The things she’s done here to get us back on the road to success have been outstanding,” Roccia said. “She’s a woman of character.”
Again, from the checkbook:
|SHIRLEY E ROCCIA||5 payments||$28,547.55|
|DEPARTMENT OF EDUCATION||PENCADER BUSINESS AND FINANCE||OTHER PROFESSIONAL SERVICE||11/14/2011||$5,709.51|
|DEPARTMENT OF EDUCATION||PENCADER BUSINESS AND FINANCE||OTHER PROFESSIONAL SERVICE||2/14/2012||$5,709.51|
|DEPARTMENT OF EDUCATION||PENCADER BUSINESS AND FINANCE||OTHER PROFESSIONAL SERVICE||12/2/2011||$5,709.51|
|DEPARTMENT OF EDUCATION||PENCADER BUSINESS AND FINANCE||OTHER PROFESSIONAL SERVICE||1/9/2012||$5,709.51|
|DEPARTMENT OF EDUCATION||PENCADER BUSINESS AND FINANCE||OTHER PROFESSIONAL SERVICE||3/12/2012||$5,709.51|
From the News Journal Article:
Ronald Carbine, parent of a recent Pencader graduate who spoke in support of school leader Ann Lewis at the meeting, said he’s pleased with the school’s performance under Lewis in comparison to the previous administration.“We have an administration that knows how to run things, and the kids seem to like her,” said Carbine, who also has a contract with the school to supply information technology services. “For the situation the school was in the beginning of the year, it couldn’t have been run more smoothly.”
Um, is this the same guy in the Delaware Online Checkbook under Pencader?
|RONALD CARBINE||12 payments||$22,094.53|
|DEPARTMENT OF EDUCATION||PENCADER BUSINESS AND FINANCE||OTHER PROFESSIONAL SERVICE||8/18/2011||$1,291.66|
|DEPARTMENT OF EDUCATION||PENCADER BUSINESS AND FINANCE||OTHER PROFESSIONAL SERVICE||9/9/2011||$2,583.33|
|DEPARTMENT OF EDUCATION||PENCADER BUSINESS AND FINANCE||OTHER PROFESSIONAL SERVICE||9/22/2011||$2,583.33|
|DEPARTMENT OF EDUCATION||PENCADER BUSINESS AND FINANCE||COMPUTER SERVICES||1/3/2012||$2,583.33|
|DEPARTMENT OF EDUCATION||PENCADER BUSINESS AND FINANCE||COMPUTER SERVICES||2/8/2012||$1,291.66|
|DEPARTMENT OF EDUCATION||PENCADER BUSINESS AND FINANCE||COMPUTER SERVICES||1/30/2012||$2,583.33|
|DEPARTMENT OF EDUCATION||PENCADER BUSINESS AND FINANCE||OPERATING SUPPLIES||3/22/2012||$136.25|
|DEPARTMENT OF EDUCATION||PENCADER BUSINESS AND FINANCE||OTHER PROFESSIONAL SERVICE||12/1/2011||$2,583.33|
|DEPARTMENT OF EDUCATION||PENCADER BUSINESS AND FINANCE||OTHER PROFESSIONAL SERVICE||11/3/2011||$2,583.33|
|DEPARTMENT OF EDUCATION||PENCADER BUSINESS AND FINANCE||COMPUTER SERVICES||3/22/2012||$1,291.66|
|DEPARTMENT OF EDUCATION||PENCADER BUSINESS AND FINANCE||COMPUTER SERVICES||3/12/2012||$1,291.66|
|DEPARTMENT OF EDUCATION||PENCADER BUSINESS AND FINANCE||COMPUTER SERVICES||3/1/2012||$1,291.66|
The News Journal headline from today’s story suggests that if you are a Pencader supporter, then you back Lewis. Not universally true., AT ALL. There are many parents, and students, and educators who FULLY support Pencader who do not back Lewis.
While I cannot personally fathom why they are not being more vocal, I would suggest that the work environment with “Team Lewis” banners and such appears to be toxic, and one of workplace intimidation and harassment.
The headline is an embarrassing piece of bad journalism.
New Pencader theme song:
There are five members now — the minimum needed by the school’s bylaws to operate. The terms of several board members will expire at the end of this month.
Board co-vice president Abe Jones expressed concern that some of the applicants for the board were related to people who worked at the school or otherwise had conflicts of interest. The board has a public meeting next week at the school to discuss seating new members.
So, how can a board of less than 5 appoint anyone if once they are less than five they cease to legally exist. If the DOE does not intervene and force SBOE action to replenish the board, and apparently make sure it is done with fidelity to the concept of independence from the school leader as Abe Jones seems to suggest is a problem in the applications thus far, it will just be another in a long list of DOE charter compliance oversights.
Relevant sections of code:
§ 512. Approval criteria.
Charter school applications shall be in the form established by the approving authority and shall be approved if, after the exercise of due diligence and good faith, the approving authority finds that the proposed charter demonstrates that:
(1) The individuals and entities submitting the application are experienced and qualified to start and operate a charter school, and to implement the school’s proposed educational program. Certified teachers, parents and members of the community in which the school is to be located must be involved in the development of the proposed charter school. At the time at which the school commences its instructional program and at all times thereafter, the board of directors must include a teacher from at least 1 of the charter schools operated by the board and at least 1 parent of a student enrolled in a charter school operated by the board;
§ 516. Revocation criteria.
Approved charters shall be subject to revocation or probation, after the exercise of due diligence and good faith, only for the following reasons:
(1) The school, or its representatives, has committed a material fraud on the approving authority or misappropriated federal, state or local funds; or
(2) The school fails to comply with its charter or to satisfy, in its operation of the school, the criteria set forth in § 512 of this title.
Apparently, even worse than the front page stellar article by Nichole Dobo detailing theschool leader’s acquisition of a fake Ph.D. Yes, that’s bad. This may be worse:
There is a company called EDUCATIONAL CONSULTING that appears in the PCHS checkbook. Here there information from the Delaware state website Business Search:
Delaware Business Search
Delaware business licenses as of 6/29/12
Business license number = 2011605873
Business categoryCurrent or most recent license validLicense number
27 TREMONT CT
NEWARK, DE 19711-1903
PROFESSIONAL AND/OR PERSONAL SERVICES
1/1/12 – 12/31/12
1 matching licensesSend tax questions to BusTax@state.de.us.
Then you go over to the Delaware Online Checkbook and you see this:
|EDUCATIONAL CONSULTING||8 payments||$29,189.59|
|DEPARTMENT OF EDUCATION||PENCADER BUSINESS AND FINANCE||OTHER PROFESSIONAL SERVICE||12/2/2011||$6,450.32|
|DEPARTMENT OF EDUCATION||PENCADER BUSINESS AND FINANCE||OTHER PROFESSIONAL SERVICE||2/8/2012||$6,450.32|
|DEPARTMENT OF EDUCATION||PENCADER BUSINESS AND FINANCE||OFFICE SUPPLIES||2/24/2012||$173.55|
|DEPARTMENT OF EDUCATION||PENCADER BUSINESS AND FINANCE||OFFICE SUPPLIES||1/3/2012||$1,000.00|
|DEPARTMENT OF EDUCATION||PENCADER BUSINESS AND FINANCE||ADMINISTRATIVE SUPPLIES||11/21/2011||$41.78|
|DEPARTMENT OF EDUCATION||PENCADER BUSINESS AND FINANCE||ADMINISTRATIVE SUPPLIES||11/21/2011||$2,172.98|
|DEPARTMENT OF EDUCATION||PENCADER BUSINESS AND FINANCE||OTHER PROFESSIONAL SERVICE||11/28/2011||$6,450.32|
|DEPARTMENT OF EDUCATION||PENCADER BUSINESS AND FINANCE||OTHER PROFESSIONAL SERVICE||1/3/2012||$6,450.32|
So, to recap thus far, PCHS has spent 29,189.59 with this company this school year on supplies (office and administrative)and other professional services. This company is located at 27 Tremont Court in Newark. Let’s head over to New Castle County Parcel Search, shall we?
Property Address: 27 TREMONT CT
NEWARK, DE 19711-
Subdivision: COTSWOLD HILLS Owner: LEWIS ROBERT A & ANN E Owner Address: 27 TREMONT CTNEWARK, DE 19711 Municipal Info: Unincorporated
Lot #: 46 Location: Map Grid: 06403600 Block: C Census Tract: 135.06 Street Type: Water: PUBLIC Microfilm #: 009663
Property Class: RESIDENTIAL Lot Size: 0.50 Lot Depth: 245 Lot Frontage: 95.10 Street Finish:
Owner Deed Current Owner? Multi? Sale Date Sale Amount FERGUSON & FLYNN ENTERPRISES 663 233 N Y 2/18/1988 $1.00 CAPSON INC TRUSTEE 1479 47 N Y 2/25/1993 $4,000,000.00 CORROZI HOMES INC 1661 167 N Y 1/14/1994 $541,000.00 LEWIS ROBERT A & ANN E 1741 43 Y N 5/26/1994 $225,595.00
It appears that Pencader is using a vendor located at a property of the school leader owned for the last 18 years.
So, I have a few questions:
Was the contract bid?
Who selected the company?
What services were performed?
That should do for now. I think Tom Wagner’s office should be notified, ASAP.
The funny thing about this, people are being actively told that this company is Harrie Ellen Minnehan’s. I’ll let you guess who’s doing the telling. So now you know the truth, another wild Pencader caper and misdirect. Sad.
See here for yourself with the posted agenda, please note that Thursday July 2nd 2012, is not a real date 7/5 is a Thursday, 7/2 is a Monday. For sure one meeting and I contend both are illegally noticed based on this faux pas:
taken from webpage link, here:
which is a saved file from here: http://pencadercharter.net/busfin/node/204
None of the above though, means anything if 5 legally installed members are not in office as of July 1st. All meetings without a 5 person board, absent the state code mandated make up and in full compliance with PCHS bylaws will just be getting together to chat. Maybe even enjoy another Chicken Fried Steak at Bob Evans. Heck, they should invite Kendall Massett from DE Charter Network, except she seems to like meetings without board leadership present.
Anyone not see the need for real charter oversight and not the strategy of “pretend to ignore” we are getting from the DOE, whose salaries we pay?
Update: John Carwell did attend tonight’s meeting, thank you John.
Appears only 4 seated members present. If there are five, with one absent that is legal as three is their quorum number per bylaws. If they do not have a 5th, then they are an illegal Board and the state must intervene to defend it’s charter code and the Pencader School as the authorizer of it and its bylaws..
Co Vice-President trying to sign off on Ann Lewis’ contract extension absent board vote!!!!!!! Holy fake degrees Batman! Pencader parents need to get in that room, they are about to be STEAMROLLED.
Comment rescue: The News Journal will have reporters and cameras at the Pencader board meeting tonight. It sounds like WDEL will also. At least if the board tries to pull a fast one the public will get news of it.
I hope we can get a raw video posted. Live events like board meetings should not be cut up by the media.
As of 3:44PM today, it’s still there: http://www.decharternetwork.org/Home/Who-We-Are/Advisory-Board
The title of this piece is a play on the old phrase “the hand that rocks the cradle rules the world.” Why? Because in this era of unfettered free-market wheeling and dealing to profit the Masters of the Universe at the expense of the rest of us, the key players in education reform know all too well that owning the data is how one rocks the cradle.
Last night Ms Kanter and I said our final farewells as we attended our last school board meeting together and she presented a very nice letter to the board and audience that I thought should be shared with the whole Milford community as it shows those that don't know just how much this lady has done in the three short years she's been with us.
Seeking a ruling/opinion on bylaw violation if board acts to replace members at June Meeting and whether or not Board is illegally composed today or on July 1st as a result of inaction in June. If board is rules illegally composed, then no board action i valid until; State Board appoints members, whether by emergency meeting or at regular July State Board meeting later in the month.
Also, of note, Ms. Lewis’ contract may not be renewed tomorrow, rendering the school without Ph.D. credentialed leader, just like now.
The following article was originally published on AlterNet and was written by Kristin Rawls, a freelance writer. Her work has appeared in the Christian Science Monitor, GOOD Magazine, Religion Dispatches, Killing the Buddha and Global Comment.
When Barack Obama ran for office in 2008, he did so on an education platform that was “ambitious” to say the least.