Friday, June 08, 2007

Confidential Candidate File for Barbara Erwin accentuates the positive, eliminates the negative - reveals Error #7

When the Kentucky Board of Education ratified Dr. Barbara Erwin as Kentucky's next Commissioner of Education, her previously "confidential candidate file" became a public document.

Mark Hebert from WHAS got a copy a couple of weeks ago and had already prepared me for what I was going to see; a very one-sided sales job that is much more of a promotional piece than it is a critical, or balanced, look at the candidate.

It accentuates the positive and eliminates the negative.

The Ray & Associates "confidential report" to the Kentucky Board of Education includes:
  • A 2-page summary of Erwin's career (with 4 references: James Gaffney, St Charles; Kristy Ryan, Scottsdale; Worley Stein, Allen; Carolyn Warner, Phoenix.)
  • A 2-page letter from Dr. Erwin
  • A 4-page application (with 3 more references: Sue Ellen Reed, Indiana; Mike Moses, Texas, Clem Mejia, Illinois.)
  • An 8-page resume
  • A page containing the names of 3 more references (Lance Boxer, New Jersey; Phyllis Usher, Indiana; Betty Poindexter, Indiana.)
  • And reference letters from: Phyllis Usher, Carolyn Warner, Glen W. "Max" McGee, Clem Mejia, Ginny Waller, Mary Jo Knipp, Melanie Raczkiewicz, Charlotte Pilot, Kay harmless, Larry Hyde, Robert Miller, James Breen, Kristy Ryan, David Goldstaub, Sandra Dowling, and Barbara Newby.
The sum of the material paints a glowing picture of Dr. Erwin's career and credentials.

According to the Ray & Associates summary, in Indiana, she "advanced rapidly" and left "an impressive legacy" of achievement. Allen "flourished," experienced "solid growth in student achievement" where scores "rose dramatically," the district received an Exemplary rating, and Erwin was touted as "a savior." Ray lists the much disputed two superintendent of the year awards in Texas. In Arizona, Erwin was said to have "hit the road running," to overcome the district's many problems. Ray says "The board and Erwin worked well together," restored "public confidence" and that scores "rose dramatically." In St Charles, Ray noted Erwin addressed preexisting problems with test scores, curriculum issues, mold in a high school. Test scores have "risen steadily," curriculum issues "solved," and mold "no longer a problem."

They summarized Erwin's attributes including: hiring quality people; strong interpersonal skills; work ethic; outstanding oral and written communicator; cited her numerous presentations at state and national level; keeps the board well-informed; collaborative leadership; encourages everyone to speak his or her mind; believes information is power and she gives power to everyone; passionate; and assertive.

In fact, I couldn't find a single sentence
that might give a Kentucky school board member pause.


There was one sentence: "Dr. Erwin's school board was split on a number of issues and remains deeply entrenched in controversy regarding district boundaries." ...but blame is laid on the board; never Erwin.


No wonder the Kentucky Board of Education felt secure in their choice, despite warnings from others.


There is no evidence that Ray & Associates looked at the public record from newspapers or any outside sources representing the public interest. Maybe they did. Maybe they shared information verbally and privately with board members. But, it sure doesn't show up in the report.


The Ray & Associates Website describes their process this way:

Background Investigations: Ray and Associates, Inc. makes every effort to ensure our clients that the candidates recommended for consideration are exactly who they say they are. Careful screening and background checks are essential to this process. Our firm provides our clients with detailed information on each semi-finalist in addition to all other application materials. This information relies upon many hours of research and investigation. No attempts are made to conceal anything from our clients. In fact, our clients often remark that they are very impressed with how much they actually learn about candidates before ever meeting them.

Yesterday, Kentucky School News and Commentary spoke with Dr. Gary Ray, of Ray & Associates on the record.

Kentucky School News and Commentary: I'm not sure if you are aware that Dr. Erwin listed some things on her resume that have not been verifiable.

Dr Gary Ray: "I'm not sure where you get that. We had a couple questions; some people might have said that, and everything's been verified as much as possible, I mean they have been accurate, so I'd like to know a little bit more specific what you're asking about."

KSN&C: Sure, well...

Ray: "I mean, you know, just to make that statement wouldn't necessarily be a; that's a pretty broad statement, so I'd like to know just exactly what you're asking about."

(So KSN&C listed ...
Claimed to be a presenter at the 2006 Triple I Conference
Claimed AASA Exec Board 10 years
Claimed she was still on the Scottsdale Chamber of Commerce
Has not yet explained how she received an Indiana teaching certificate
before her IU diploma
Claims of post doctoral degrees from USC and Columbia.)

KSN&C: Is that something you would typically do; to do degree verifications?

Ray: "Yeah, we would be able to do that. I tell ya, the person I could have you talk with, because he has verified her resume and has done a good job in that regard, would be Dr. Don Cusmo, and if I can get your name and number, I'll just have Don call you."

(We exchanged contact information)

Ray: Have you spoken with her?

KSN&C: I have not. I have written to her but haven't heard back yet.

(We exchanges pleasantries about the time of year and how busy everyone was)

KSN&C: Let me make you aware of another thing that concerns me, but that I also have not been able to confirm yet. One of the items she had to complete on her background check as part of her application in Kentucky was whether or not she had ever been involved in litigation. And I didn't know if you all were aware that she was sued by [a] board [member] in Arizona, but yet, she marked that she had not been [sued], on her application.

Ray: Uh huh, well, I think there's a story that goes with that... I'm pretty comfortable that she's OK with that...

KSN&C: So you guys are aware of that.

Ray: "Sure. You know people can make claims all the time..." (and he told the story of a case where a reporting error got into print where a claim of a lawsuit just wasn't true.) Understand, these things, kind of, not always are on the surface, what they might appear to be."

KSN&C: Sure. I certainly understand that and that's why it's so important to verify this stuff. This is an important position for us in Kentucky and my concern is that there appear to be a few of these and that's an uncomfortable pattern.

Ray: "Yeah, I think you'll find when it's all done, it will shake out very well."


~
Is it possible the Erwin was not actually sued in Arizona?


This seemed highly unlikely. The Arizona Republic made at least a half dozen references to the suit. This one from Oct 26, 2004:

U.S. District Judge James A. Teilborg filed a ruling Oct. 15 [2004] that dismissed Schild's civil rights lawsuit against the Phoenix law firm Lewis & Roca and its lawyers Mary Ellen Simonson and Lynne Adams.Teilborg's order was critical of Schild's lawsuit, which alleged that the Lewis & Roca attorneys, former Scottsdale Superintendent Barbara Erwin and board members Shari Avianantos, Sandra Zapien-Ferrero and Karen Beckvar conspired to gag her at board meetings in violation of the First Amendment.The judge dismissed two of Schild's four claims for relief against Lewis & Roca with prejudice. Schild can't refile those.Teilborg dismissed her other two claims without prejudice. Schild has 30 days to amend those claims and refile them, but the judge made it clear that both were "plagued" by "factual deficiencies" and that her vague allegations of "unlawful conduct" by Lewis & Roca defendants won't cut it.The judge wants specific details of what the Lewis & Roca lawyers did to violate her rights. That won't be easy for Schild to provide.


Upon investigation, Kentucky School News and Commentary found evidence of a motion hearing before Honorable James A Teilborg on 10/04/2004, where Erwin was a name defendant, at the U.S. District Court in Phoenix: styled Schild v. Erwin 2:04-cv-00910.

She was also listed in a suit against the Scottsdale district in Hills v Scottsdale Unified 2:00-cv-01087, also in U S District Court in Phoenix.


So when asked on her application if she was ever sued -
why did Barbara Erwin mark "NO"?

looks like ERROR #7

Note: I waited until 2PM today for a call back from Dr. Ray's representative, Dr. Cusmo. In fairness, Dr. Ray mentioned he is on the road. I decided to publish what I had for today. When I hear back from him I will update any "news."

1 comment:

Anonymous said...

Hills vs. Scottsdale Unified was really a suit against the District and not against Dr. Erwin personally. It arose out of a controversial school activity flyer sent home by a bible church.

Schild vs. Erwin, on the other hand, was a personal action against her individually.

If the question was, "Have you ever been sued," as opposed to "Has a judgment ever been taken against you," the only truthful answer would have been yes.

She can say there is a "story" to the lawsuit, but the fact of the matter is, she WAS sued.

The suit was subsequently dismissed without prejudice after she left and two of the three Board members named in the suit were voted out of office by Scottsdale taxpayers.

Also, if she was a member of the Scottsdale Area Chamber of Commerce, she was an ex officio (non-voting) member, as is the Scottsdale City Manager and current Superintendent.