Mark Hebert Leaves WHAS for UofL

In a significant coup, long-time WHAS political reporter Mark Hebert announced tonight that he will start PR work for President James Ramsey at UofL in May. This is potentially wonderful for The Ville which could use some experienced, professional help rethinking their public relations approach.

For those of you who haven't heard, I'm leaving WHAS-TV for a job at the University of Louisville. My first day at U of L is Monday, May 4th. I hate to leave WHAS-TV and covering politics but I'm extremely excited about the opportunity to work for Jim Ramsey, a guy who's been a terrific President at U of L. I'll write more of my thoughts and thank you's later.

Thanks.

Mark.

President Ramsey scores major points for luring to UofL the same guy who elicited the "anonymous crap" comment during the rollout of the Robert Felner scandal; still in progress. In that same interview, Ramsey told Hebert that even good people get “a little weak...violating the law now and then.”

Hiring Hebert would seem to represent a sincere desire for improved communications. If so, well done.

On a personal note, Mark's been a great guy for as long as I've know him - which goes back to the early 80's during our Jaycee days. He's always been trustworthy and professional. So congratulations, Mark! And thanks, in advance.

Less CATS = More Budget. Is there a Deal?

Apparently Mark Hebert and I are thinking along the same lines.


His question is: "What is David Williams getting in return for supporting tax hikes to balance the state budget?"


My question is: "Do you think that, if there was adequate funding, that the notion of measuring school performance might give way to the notion of measuring individual performance?"


In other words, is there a middle ground being forged out of tough economic times where wholesale changes to the CATS assessment has become a bargaining chip in exchange for increased revenue to maintain essential funding?


Mark asked his question of Governor Steve Beshear. I asked Kentucky Board of Education member Dorie Combs.


The governor said, 'No.' "...his call for a review of KERA is not linked to any potential budget and taxes deal with legislators."


Combs wouldn't even go there.


But the governor said something else. Beshear said flatly "we don't have a deal yet."


Yet.


So for today, Mark and I are wrong. But I'll bet a nickel that we'll be right soon enough.

Shout Out to Jake at Page One

A big thanks to Jacob Payne for being the fly in the ointment of Robert Felner, and unfortunately by extension, U of L President James Ramsey.

For the first time the Courier-Journal and other news sources are reporting that the alleged fraud ranges in the millions of dollars. Jake reported that months ago.

But it's hard to know what standards of verification bloggers use, especially when reporting unattributed matters where folks don't want to be quoted on the record - a major and necessary hang up for the mainstream media - which explains why C-J was so slow to report the extent of the fraud.

So we had to wait for the official processes to tick away before knowing whether Page One's reporting could be trusted. In the end, clearly, it could be trusted.

I'm not sure that explains why C-J was so slow to pick up the story to begin with. Was it homegrown protectionism? Was it a lack of news-gathering resources? Something else?

It was unfortunate that Ramsey and Provost Shirley Willihnganz were so protective of such a renown jackass as Felner. They clearly paid too much attention to the man behind the curtain. There's a big lesson in there somewhere.

Better would have been a strong response from Ramsey that upheld the best ethical principles at U of L and assured his commitment to discover and correct whatever nefarious individuals may have done to tarnish the reputation of this fine institution. Instead he chose a type of blind loyalty that allowed him to gaze fixedly at U S News and World Report rankings while ignoring all of the smoke - until there was a fully-stoked blaze.

It is obvious from internal emails that university leadership was caught totally off guard by the incident. They were slow on the uptake and chose to go totally defensive in their public relations responses - a move Ramsey later regretted and apologized for. Many U of L faculty were dismissed as malcontents and some called for Ramsey's head.

It seems clear from the public comments that the U of L trustees have accepted Ramsey's explanations and seem to want to go forward with him at the helm. I am told by some who know and respect him, that he is much more capable than this sorry episode would lead one to believe. Ramsey did respond belatedly with a series of efforts to relook the obvious problems uncovered by the whole affair.

It's now up to the citizens (and I suppose, the Governor) to decide if the trustee's handling of this mess was OK with them.

It is not clear that accountability, beyond what lies in "Dr Feloner's" future, will extend to any of his lieutenants - or to what degree the trustees may have formally "evaluated" the situation.

One would hope new Dean Blake Hesselton has his dustpan out for a little house cleaning. I guess we'll have to wait for that as well.

But here we have yet another situation where "the press" (including citizen journalists like Jake) is threatened and painted as the bad guy for reporting "unattributed lies" that turn out to be the truth.

Good job, Jake.

Also a big thanks to Adam Walser at WHAS (and Mark Hebert for catching the definitive Ramsey quote) and the Courier-Journal. You can't ignore that big megaphone the mainstream media wields, and after a slow start both outlets did a fine job of elevating the story to its proper place as the lead story and on the front page.

Ramsey Tosses the Faculty a Bone

Willihnganz: "The heat on this one is on us."

Since U of L President James Ramsey knew there were legitimate concerns about former Dean Robert Felner, his dismisive comments to Mark Hebert calling faculty concerns "anonymous crap" was disengenuous...at least.

His justification - that Felner's behavior was somehow OK, if it produced results - is equally troubling.

In the quest for numbers, somebody seems to have forgotten that the best educators are in the people business.

From Page One:

...In a mid-May email discussion earlier this year, Ramsey alluded to “issues” surrounding Felner in a message about a Board of Overseers meeting. Here’s what he said, “Given the issues with Robert right now it actually might be better to hold this until things are settled.” ...

...[There's an email] from Jim Ramsey to Alicia Sells, Associate Vice President for Government Relations, about sending a follow-up letter to the General Assembly (DAMAGE CONTROL!) outlining “positive things happening” while staying “away from any reference to Felner.” ...

Ramsey goes on to say that Mark Hebert and [C-J's] David Hawpe “won’t let it die.” No mention of the bloggers making his life a living hell.

Records indicate that despite being aware of issuses involving Felner, Ramsey did not see this public relations disaster coming.

Unknown to Ramsey, a blogger (Jacob Payne at Page One Kentucky) had received tips and damaging information through an open records request, published it, and fed it to the mainstream media.

The mainstream media took a while to follow up, but when they did the story came to the attention of the state. Suddenly, Ramsey was "caught off guard" and started learning details through the media that he didn't know himself. In one email he told Provost Shirley Willihnganz,

"those in the Univesity and those in the press - have much more insight and
information than we do."

Ramsey's remarks to Hebert precipitated a strong negative reaction from faculty, illustrated by an email from Staff Senate Chair and Staff Trustee, Brent Fryrear, who informed Ramsey that his comments "may not have played as intended," and that his comments seemed to confirm the fears of those faculty who were reluctant to report bad behavior "for fear of retribution."

Willihnganz's response was to acknowledge that "the heat on this one is on us," and direct that she and Ramsey see any open records releases "before they go out." "...it's pretty disconcerting to see things that WE haven't even been told on the front page of the paper,"she wrote.

This from C-J:

U of L president's letter acknowledges Felner problems

In a letter to University of Louisville alumni, donors and boards, President James Ramsey acknowledged the administration knew there were problems with former education dean Robert Felner’s leadership and management style.

“While we can’t talk about personnel actions, we did take steps to improve the situation,” Ramsey said in the letter dated last Friday. “Rightfully so, we have faculty who are hurt and disappointed by events of the recent years.” ...

...In his letter, Ramsey explained his decision to hire Felner to head the college, which was criticized in a 2001 report over its effectiveness, interaction with local teachers, and “indifference to its alumni’s employment issues.”

Felner’s “references were very good,” Ramsey said. When Felner was hired, “our mandate to him was to turn things around and do it quickly. He became a change agent — a role all of our new Deans have played.” He said the administration believed early concerns about Felner’s leadership “stemmed from the rapid change and heavy demands he had placed on his faculty.”

Ramsey twice noted that four formal grievances were made against Felner, but he said “none of those grievances moved forward as negative toward the Dean.” ...

Draud and Rasche: This Week's Comment on Kentucky

Draud's Car not quite Surplus

Rash judgements about Rasche

Tony McVeigh from Kentucky Public Radio broke the story this week on Jon Draud's plan to sell his state vehicle on eBay. Calling it his favorite story of the week, guest host Mark Hebert, invited him to appear on Comment on Kentucky. With Hebert and McVeigh were Pat Crowley of the Enquirer and John David Dyche a Louisville attorney and C-J columnist.

McVeigh: John Draud has an albatross around his neck, and its a $31,000 Chrysler 300...

The school board called him on the carpet; he apologized to the people of Kentucky for the way he handled the matter...The apology didn't seem to appease the board, they wanted to know, "What are you going to do." He said, well, I'll either make up the difference or I'll buy the car. And apparently he's going to buy the car...They're going to put it up on eBay...

...I talked to Glenn Mitchell over at Finance this week and he said they can't sell it on eBay until its surplus property so there'll be 6 months; they'll declare it surplus property in 6 months.

Pat Crowley said he drove down from northern Kentucky to talk with Draud about it and he said the only way to get the safety features he wanted was to get the bigger engine. But, we've been all through that. It was Draud's repeated insistence on the larger engine, as C-J showed through numerous emails, that drove costs up.

Hebert asked,

"Do you think he gets it?" The deal wasn't so much the car. It was the impression ...the message it was sending out there. When your teachers aren't getting any raises or anything...

Dyche quipped,

It's like flying your staff in airplanes to town hall meetings.

...a reference to Governor Beshear's recent decision to fly staffers to an eastern Kentucky town meeting.

McVey:

I think he's gets it because his first performance review is next month.

Hebert:

You think the timing might have something to do with it?

Crowley then segued into a question involving Frank Rasche's appointment this week to a legislative liasion position with KDE.

David Adams over at Kentucky Progress opined earlier this week Rasche's hiring was actually a Beshear move to get rid of Draud. His post, "Beshear makes move to behead Draud," suggested that "if Beshear plans to replace him with Rep. Frank Rasche, he is not exactly moving us forward."

I don't buy any of it - mostly because it doesn't make any sense.

Beshear didn't hire Rasche - Draud did. Now, I'm willing to stipulate that Beshear is a smart guy. But to pull off what David suggests, he would have to be some kind of hypnotic genius.

When I pressed David on this he backed down a bit saying, "Draud hiring Rasche to be policy adviser and legislative liaison may not be Beshear's move. I never suggested that..."

But PolWatchers bit. So did Crowley. Hebert didn't.

Crowley:

Mark, what do you read into the reporting this week that a legislator, Frank Rasche, may be hired by the department? Is that any kind of signal that Draud might be in trouble here?

Hebert:

I don't think he's in trouble. He and Rasche are buddies. They were on the Education Committee together and I think that's where that came from. You know, Frank Rasche is a pretty respected legislator. I think, if Draud's smart, he wants to hire some more folks around him who he trusts and has known for a while.

The voice of reason.

Lexington Herald-Leader Struggling Financially

Mark Hebert reports from an AP story:

The AP is reporting that the Lexington Herald-Leader will be offering a ... buyout plan to its employees in an effort to cut costs.

LEXINGTON, Ky. (AP) -- With circulation declining, the Lexington Herald-Leader has told employees it will offer voluntary buyout packages this month to reduce its work force.

Publisher Timothy M. Kelly told employees Tuesday that the company expects
to accept about 4 percent of the paper's 385 full-time employees and managers
for the program. That would be about 15 employees, but the newspaper says the
actual total could be different...

EduPoliComment on House Bill 91

Ferrell Wellman, the recently crowned regular host of KET's Comment on Kentucky lead a delightful discussion of Senate Bill 91 Friday night. (Backstory) With Wellman were H-L's Ryan Alessi, Pat Crowley from the Enquirer and the always insightful Mark Hebert from WHAS.

Alessi had made some remarks about the Senate majority, and then...

Ryan Alessi:"Meanwhile in the Democratic... Senate minority; they tried to get a discharge petition to get the Bullying Bill (HB 91) out. And, Senator Scorcone, the one who pushed it, Democrat from Lexington, he said the petition didn't work, but hey, we were able to leverage it by screaming publicly for it.

Ferrell Wellman: Let's talk quickly about the Bully Bill, and there's some line of thought that possibly, the bill that passed the senate, was - Can you believe it? - designed to maybe kill the bill?

Mark Hebert: Oh you think? (laughing) The Republican Senate leadership has been against a Bully Bill for - and I'm not real sure exactly why - but for the last four years. They finally agreed to hear it in committee. [Senate President] David Williams had a committee substitute. Put it out there. Basically it criminalizes any kid who, on the first time, is accused of bullying another kid or...

Wellman: It criminalizes teachers too.

Hebert: It could criminalize teachers. What it does is that it forces teachers and principals to report to police, within 48 hours, if they hear any incident of a kid harassing or trying to humiliate another kid. And the police are required to investigate. If the teachers and the principal don't report, they could be subjected to a Class B misdemeanor for failure to report. So the bottom line is - this is just too tough for anybody to swallow. David Williams said Oh. No You know, we need to take care of these kids that are bullies and get them out of our schools and into our court system. But in reality, he's just trying to kill the bill and - because it is too tough - it might end up in a conference committee. Mike Cherry, the sponsor of the original Bully Bill said, Hey, at least I got it through the Senate. We can now get into a conference committee and we might be able to pass something.

Wellman: Because, what you're talking about is taking any discretion, really, away from teachers and principals, and they may think that they've actually solved the problem...

Hebert: Right.

Wellman: ..but if they don't report it the next step they face Class B misdemeanor and that's enough to keep a teacher from getting a job.

Hebert: Absolutely.

Pat Crowley: I thought any bill David Williams supported was a bully bill... (laughter) he's always being accused of being such a bully.

Alessi: Well, this one actually bullies the bullies. (laughter)

Hebert: The bullies; yes, it's tough on the bullies.

Wellman: Alright. Let's move on to slots.

David Williams' Poison Pill for Bullying Bill

After refusing to allow an anti-bullying bill to move in the Senate for four sessions, Senate President David Williams finally capitulated. Or, did he? After "removing Jesus" from the House's version Williams designed a devilish counter punch.

As Mark Hebert tell us,

"[Williams] says kids who intimidate, harass or embarrass other kids should be sent to the court system where professionals can properly deal with them."

I wonder what Supreme Court Chief Justice Joseph Lambert thinks about that.

Is Williams really that far removed from the reality of today's schools? It's hard enough to get the courts to deal with a persistently violent 10-year old. They don't have anywhere to go with them.

The idea of criminalizing kindergartners who embarrass another student is so misguided that Hebert wonders aloud if Williams' bill is designed to kill itself.

This from Mark Hebert @WHAS.

Sen. Williams' Bully Bill Designed to Kill It???

Little Johnny and Little Susie could be in shackles for harassing their classmates under a new "Bully Bill" proposed by Sen. David Williams today.

Williams' version of the "Bully Bill" unanimously passed the Senate Judiciary Committee and later passed the full senate. The Senate has refused to even hear any version of a "Bully Bill" for the past four legislative sessions. But Senate President Williams has been catching plenty of heat from WHAS Radio talk show host "Francene" for refusing to push for a vote for Rep. Mike Cherry's version of the bill, which unanimously passed the House. So today, the Senate Judiciary Committee heard from Cherry and Williams co-opted his bill with a committee substitute. Here are the highlights:

When a teacher gets wind of a student threatening, harassing or embarrassing another student, the teacher MUST report it to the school principal.

The principal is REQUIRED to report every instance of alleged intimidation or threat to the police or county attorney within 48 hours. The cops or prosecutor are then REQUIRED to investigate the allegation.

Failure to report is a Class B misdemeanor, the same as failure to report suspected child abuse...

Also, Mike Cherry's version of House Bill 91 contained this language:

"...amend KRS 158.148 to require school districts to formulate a code of acceptable behavior and discipline that embraces the Golden Rule as the model for improving attitude and the rule for conduct for students..."

David Williams removed it. Why?

David Adams over at Kentucky Progress writes:

Senate Democrats are up in arms because the House's "bullying" bill got a committee
substitute from President David Williams that doesn't include the word "bullying" or the phrase "The Golden Rule." More symbolism over substance, as usual, from that chamber's minority party.

As a former school principal, I sure see it differently.

In a school system where all children enjoy the same rights (We all want that - right?) Cherry's focus on the Golden Rule is not just symbolism. It is everything. Everything teachers do flows from there. If a student acts in a hurtful way toward another student, schools have a moral obligation to look after those in need of protection. The school is also obliged to help the persecutors learn a better way - not to criminalize them.

No ancient law or prophesy could possibly be more Christian than the teachings of Jesus himself. Clearly "the Golden Rule" is central to Christianity. A public school disciplinary code that keeps the Golden Rule, keeps the faith.

But that's NOT why it should be the basis for student discipline in the public schools.

The Golden Rule should be the basis for all student discipline because it is also central to the other major religions - and I've never heard an atheist or agnostic object to it either.

Because of its wide-spread acceptance among the world's religions, it does not establish religion the way that posting the Ten Commandments would. ...or requiring daily reading from the Qur'an would. ...or requiring transcendental meditation would. ...or teaching transubstantiation would. Those acts would be specific to a particular religion, and would therefore be unconstitutional.

If David Williams has a superior moral basis for guiding Kentucky teachers in the disciplining of their students, let's hear what it is.

Beshear Plan would actually cut $16 million from schools next year, $22 million in 2010

We all heard it. No cuts to the SEEK per pupil spending. But if the Beshear plan is approved, the state's share of that per pupil allocation will be reduced by $16 million in the first year of the biennium and another $22 million in the second year. Local districts would be left to make up the difference.

This from Mark Hebert at WHAS: (video)

Beshear said to be "deeply disappointed" by school board

This from Mark Hebert at WHAS11 Political Blog.

School Board Picks One Finalist

The Kentucky State Board of Education has selected Kentucky's next school commissioner but won't announce its decision until later this month.

According to Greg Stotelmyer of WTVQ-TV in Lexington, board chairman Joe Brothers says the members decided on one candidate at their meeting in Covington today.

But Brothers told Stotelmyer that the board members want some clarifications from the remaining candidate before making a final decision.

Brothers hints that Draud or Vick was the pick?

Beshear's spokeswoman, says the governor-elect was "deeply disappointed" with the board's decision.

KBE refuses payment to Ray and Associates, says botched search produced Erwin.

See at the bottom of this Post:

Kentucky School News and Commentary's

June interview with Dr. Gary Ray

~

Good job by Raviya Ismail this morning @ the Herald-Leader, reporting:

Search firm is refused payment
Consultant failed to do job

The state is refusing to pay bills submitted by a consulting firm that conducted a failed search for a new education commissioner earlier this year, and the two sides are fighting over the money in court.

State officials say the consulting firm, Ray and Associates of Cedar Rapids, Iowa, conducted an "unsuccessful and discredited search" marred by a lack of thoroughness and accuracy in checking the candidates' backgrounds...

Here's the search firm backstory from C-J and KSN&C and KSN&C's Barbara Erwin Timeline

On August 14th, Interim Commissioner Kevin Noland wrote to Ray & Associates President Gary Ray, noting the Board's initial payment of $15,030.44 but that the firm's "lack of thoroughness and accuracy," resulted in "an unsuccessful and discredited search," that cost the state seven months.

Noland then let Ray know that he could stop checking the mail for the $33,734.77 balance - it wasn't coming.

"We feel that because they didn't deliver a qualified successful candidate that they did not fulfill their end of the contract," Noland, interim commissioner and legal counsel for the board, said in an [H-L] interview yesterday. Ray and Associates "did not do a thorough vetting of the candidates that they recommended to us. It resulted in the problems that we had, and doing the search over."

On August 27th, Gary Ray responded by citing the firm's patience, professionalism and determination to get paid. Ray claimed they had "fulfilled all obligations" and even "exceeded usual and customary services by continuing to answer questions and inquiries submitted ...by the Board of Education even after the new commissioner was hired."

Ray asserted that the board conducted interviews, noted "extreme scrutiny by the media and many other entities," but the board hired her anyway. He stopped short of claiming that the extreme scrutiny came from Ray & Associates.

We feel we conducted a solid search, brought them good candidates and they made a choice," William Newman, national executive director of Ray and Associates told the Courier-Journal in late July.

Erwin's file included her application, resume, a reference sheet with eight names, a summary sheet from the firm and 16 letters of reference from former school board members, teachers and principals. None of the letters, nor any information in the summary report, contained criticism concerning Erwin's tenure.

Newman said the firm did not provide the board with any negative comments regarding Erwin because "there were not any negatives we had a real concern about."

In mid July, Mark Hebert had reported:

According to the Iowa Secretary of State's Office, the I.R.S. has a lien on Ray and Associates because the company has failed to pay more than $5700 in federal taxes. ... [An] Iowa state web site also shows that Ray and Associates was administratively dissolved in 1994 and hasn't been in good standing with the state of Iowa since then." Until Mark told them...they didn't know it!

But with some pluck, Ray & Associates filed suit in Franklin County Circuit Court to compel payment of $50,000 they say they earned. Gary Ray says he is defending the firm's reputation.

Civil Action # 07-CI-1527 (20 September) claims that Ray & Associates:

• entered into a personal service contract with the Kentucky Board of Education


• identified individuals who were qualified to be candidates for Education commissioner


• that on May 9, KBE appointed Barbara Erwin


• that KBE made the first payment but 33,734.77 is still due


• that KBE has breeched their contract


• that Ray & Associates wants a 12% per month penalty for late payments since July

On October 12th, the Kentucky Board of Education responded with a counterclaim:

• that Ray & Associates "breached its contractual duties...by failing to adequately investigate the background of Barbara Erwin and discover or disclose serious inaccuracies in her resume and a history of problems at other school districts where this candidate previously served.


• KBE admits it entered into a contract, but Ray & Associates failed to thoroughly and accurately screen Barbara Erwin


• that Erwin declined to accept the position on July 13th, "before she assumed her duties and before any paperwork was processed that would have officially made her an employee of the Commonwealth..."


• that her failure to assume the position meant that Ray & Associates was not due any payment, "or it constitutes a frustration of purpose for the contract."


• that Erwin was selected, but never assumed her duties as a result of Ray & Associates failures and breach of contract


• that Ray & Associates owes the Commonwealth all monies paid and damages


• that Ray & Associates failed in its obligation to serve "in good faith"


• that Ray & Associates "knew or should have known that Barbara Erwin made several false misstatements on her resume"


• including: Supt of Year award from an organization that does not give such an award; claiming conference presentations she did not make; that the Scottsdale Board of education bought out her contract to get rid of her (KSN&C could never confirm this one); the St Charles investigation over her missing personnel file


• that Ray & Associates either failed to investigate or was so eager to receive its commission that it failed to reveal "significant facts"


• that Ray & Associates had claimed to be 100% successful in their searches and their proposal included a satisfaction guarantee that Ray & Associates breached


• and therefore, Ray & Associates should provide the Commonwealth a full refund, and interest

The H-L article also notes

State Board Chairman Joe Brothers said the search firm promised the board candidates that were highly qualified and reputable.

"We were assured there would not be anything that would surface that would embarrass the state in the process of hiring any applicant that they brought to us," he said. "The taxpayers and the state of Kentucky should not be paying for this
service."

Attorney Robert C. Moore of Frankfort-based Hazelrigg & Cox is representing the search firm and said the board had plenty of opportunity to select another candidate.

"It's extremely odd that the Board of Education didn't pay the remaining amount due on the contract when they actually hired the candidate that was identified by Ray and Associates," he said.

It will be interesting to see how the court looks at this situation. Ray & Associates clearly fell short of fulfilling its obligations to the citizens of Kentucky, and in my opinion, should withdraw the complaint. We are a long way from 100% satisfaction. Failing that, they should lose the case.

But the board of education failed, too. In my view, whatever redress may be indicated should be supplied apolitically, for the benefit of Kentucky's children and in support of competent government. Given plenty of reason to be suspicious of Ray & Associates assurances, the board chose instead to believe what they wished to be true.

Unfortunately, my concerns about Ray & Associates were largely confirmed by a conversation I had with Dr. Gary Ray in early June. My read is that the firm's performance departed from the promise to provide professional and reliable service.

I'm am quite certain the firm was effective at collecting and organizing material supplied to them by the candidate. Clearly they were less inclined to invest the half hour it would have taken to reveal a pattern of specific concerns about Barbara Erwin.

It also seems clear that they had something to sell.

KSN&C Interview with Dr. Gary Ray, June 7th

(After identifying one another)

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 certificatebefore 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."

Beshear Meddling In Ed. Commish Search?

As always, there is more than one way to look at any story. Is Steve Beshear riding in on a white horse to save the day? Or is he meddling?

I suppose that all depends on one's point of view. For those of us who are already on the record suggesting that this search should have been delayed until spring when more highly qualified candidates would likely have been available, this feels like a ray of hope.

Tomorrow that could all be different.

This from Mark Hebert at WHAS:

Governor-elect Steve Beshear has asked for, and received, a meeting with Kentucky Board of Education members. Here's my story.

Beshear says he has "concerns" about the board's process for selecting a new state school commissioner, which is now in its final phase. The board has narrowed its list of finalists to four men, all with connections to Kentucky.

...But some lawmakers and others are questioning whether Beshear's insistence on meeting with the board is injecting politics into a selection process that's set up to be free of political influence. ...

...I contacted all four finalists by phone today. All said basically the same thing.....they see nothing wrong with the governor-elect meeting with the state board. But all of them say the selection process should continue and Beshear shouldn't use his political power to upset the process.

The race for the Kentucky Board of Education Chair is on

It's Joe Brothers vs. Keith Travis for State Education Chair

Mark Hebert is reporting that Keith Travis has picked up competition in the fight to keep his chairmanship of the Kentucky Board of Education.

"Board member Joe Brothers of Elizabethtown says he's telling fellow board members that he's interested in chairing the board."

The state board is scheduled to elect its officers at a meeting next Wednesday.

The board has been sharply divided since a sloppy commissioner's selection process chose Barbara Erwin who withdrew under pressure. Travis strongly supported the process and the candidate.

Mark says, "Travis expressed an interest in seeking the commissioner's job" but withdrew and "helped push the selection of Barbara Erwin."

Now board member Joe Brothers is trying to round up the votes to unseat Travis, who is seeking reelection to the chair.

But Brothers may have an uphill fight. Members of the nominating committee were all appointed by Travis.

Doug Hubbard, Travis's most vocal critic thinks the board's nominating committee may only present Travis' name to the full board for consideration.

Brothers is a former member of the Elizabethtown school board, and the former president of the Kentucky School Boards Association.

Sounds like it's time for FLASH POLL #2...

Lots of Lobbying on School Chief Job - a clarification on Mooneyhan

This from Mark Hebert at WHAS TV.

Whew!!!! My head is spinning from the all of the lobbying for a couple of candidates for INTERIM, yes INTERIM state school commissioner job. Not the full time job, just the part time one until a governor is elected in November and the Kentucky Board of Education has regained its footing.

Here's what's going on. A number of conservative groups, including the Family Foundation are pushing Penny Sanders for the interim job. Sanders was the first head of the Office of Education Accountability when it was formed as part of KERA in 1991. Sanders stepped on plenty of toes, including some state lawmakers who were trying to protect their local school boards and superintendents who Sanders' crew caught misspending and making illegal hires...

...One of the conservatives who's apparently in Sanders' corner is state Sen. Gary Tapp (R) Shelbyville. Tapp has made at least one phone call, that I'm aware of, to a political insider, asking for help in torpedoing the board's move to hire former Shelby County School Superintendent for the interim state job. Tapp told me he hasn't lobbied any member of the state board of education to kill Mooneyhan's bid. He refused to say whether he'd called anyone else or what problems he might have with a possible Mooneyhan appointment...

~
In fairness to Leon Mooneyhan, I need to followup on my last post about his interim heir-apparency.

I inferred that Mooneyhan was responsible for the error given to the Kentucky Registry of Elections, associated with his contribution to David Williams's 2005 senate campaign. The contribution listed Mooneyhan as KSBA's Executive Director - a post he never held.

But Mark Hebert told me he has seen cases where errors of that nature were entered into the Kentucky Registry of Elections database by a campaign worker and therefore may not be the fault of the contributor.

Fair point.

The facts:
Mooneyhan contributed $500 to Williams in 2005.
KREF data indicates he was Executive Director of KSBA.
He has never served as KSBA Ex Dir.
It is unknown if that information was listed on his check.
The source of the error may, or may not have been, Mooneyhan.

I wish I could say they were wrong ...but I can't

Mark Hebert can't wait to see "how the state school board is going to screw up the selection of an interim commissioner."

Martin Cothran (not a fan of Mooneyhan) doesn't think Mark has to wait.

Has anyone noticed that the posting for the open position and the call for applications was posted on the same day that Board Chairman Keith Travis began "negotiating" with Mooneyhan for the position--Tuesday, July 17?

Maybe we've struck on just why it is that the State School Board is starting to look like he Keystone Cops in the process of finding good talent to fill the post at the helm of Kentucky's schools.

Is it really a good idea to limit your options while you are looking for the right person? What does this do for the other well-qualified candidates we ought to be taking a look at out there who might otherwise consider the job now that they have found out that it was done deal from the get go? Do you think these people are going to go to the trouble of applying now that they know the Board has probably already made its pick? And if we knew who we were going to hire, then why did we make the posting in the first place?

If there is a process that is supposed to be followed in the hiring of the interim commissioner, why aren't we following it?

Good questions.

The [Erwin] fiasco happened because there were things about [Erwin] that Board members should have known, but didn't. Exactly how does moving more quickly in the hiring process help to solve that problem? Doesn't it, in fact, actually increase the chances of that kind of thing happening again?

I'm not sure Martin and I would share a vision of where the schools should be going. But we do agree that this board isn't getting us anywhere.

The story on Mooneyhan

Mark Hebert from WHAS TV reports:

Retired Shelby County school superintendent Leon Mooneyhan tells me he is "negotiating with the state school board to be the interim education commissioner."

Mooneyhan says he's been in talks with board chairman Keith Travis since tuesday. Mooneyhan is currently working for the Ohio Valley Educational Cooperative based in Shelbyville. But he was the longtime head of Shelby County schools.

He would have the support of several education groups, but maybe not everyone in the Kentucky Department of Education if he takes the interim job.

Mooneyhan says he realizes that the state school board has been fractured by the Barbara Erwin hiring fiasco. He says his job as interim commissioner would be bringing the board back together and getting the Education Department staff in sync with the board's policies.

Mooneyhan says he expects the state board to have a special meeting and name an interim next week...

...The board is also searching for a new commissioner. Sources tell me that several high ranking state officials are talking to, or plan to talk to, Stu Silberman, the superintendent of Fayette County Schools. Silberman has said he doesn't want the job and will honor his commitment to Lexington students and parents. But sources say there is pressure on him to change his mind.

The only Kentuckian who made the final cut and interviewed in the board's first search was H.M. Snodgrass. Snodgrass worked in the Department of Education before retiring from as head of the old Harrodsburg Independent school district when it merged with Mercer County.

Snodgrass told me he won't reapply for the job but might consider it if the board calls him.

Mark Hebert: Kentucky Bd. of Ed. Didn't Do Homework

"Before the Kentucky Board of Education hires a new search firm to help find another state school commissioner, perhaps its staff needs to do a little background checking of their own. More than a month ago, I uncovered some interesting problems with Ray and Associates, the firm that helped Kentucky find Barbara Erwin.

But I never reported the information, until now:

According to the Iowa Secretary of State's Office, the I.R.S. has a lien on Ray and Associates because the company has failed to pay more than $5700 in federal taxes. ... [An] Iowa state web site also shows that Ray and Associates was administratively dissolved in 1994 and hasn't been in good standing with the state of Iowa since then."

Until Mark told them...they didn't know it!

More details from Mark's WHAS Political Blog.

Political fallout at the Kentucky Board of Education

Mark Hebert at the WHAS Political blog takes a look at

• A potential challenge to Keith Travis's Chairmanship.
• Everybody's embarrased except Doug Hubbard.
• They're all Fletcher appointees.
• What to do with Ray & Associates? (Nothing, I hope)
• Gary Ray tells Hebert that he was satisfied with the result. (Does that mean the check didn't bounce?)
• Here's my interview with Gary Ray. The guy he was going to have straighten me out...never called.

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."

Another MUST READ from Hebert: The inside story on the Erwin selection process and politics

Another MUST READ from Mark Hebert at WHAS on the Erwin selection process was posted this evening at On the Mark.

After 4 1/2 hours behind closed doors, the state board of education today hired Barbara Erwin as Kentucky's new Education Commissioner. The vote in public was unanimous though there was clearly a split in the board when they began meetings this morning...

The story is that the state board liked Erwin's toughness, smarts and reputation for innovation then shook off, ignored, or felt comfortable with numerous problems in Erwin's past to go ahead and hire her.

They apparently grilled her for most of three hours behind closed doors, presumably delving into the reasons she had problems with the past three local school boards she worked for, was accused of almost killing two previous districts and had a "typo" on the resume she submitted for the Kentucky job.

And during today's board meeting, news surfaced from blogger and former school principal Richard Day, of another potential problem with Erwin's resume. She'd written that she'd given presentations at a statewide school conference in Illinois in 2004 and 2006. Day confirmed with conference officials that she hadn't been a presenter in 2006.

When asked about it after today's vote, board members said they were unaware of the new questions about Erwin's resume and she said her school district had given presentations, which she signed off on, at each of those conferences.

...Concerned board member, Doug Hubbard, told Hebert late today that his fellow board members "obviously looked past her credibility problems."

...On the political side...all of the current state school board members have been appointed or reappointed by Governor Fletcher...who apparently kept his hands off the...search and selection process. On the other hand, the lousy job by the search firm (Ray and Associates) and the fumbling by his board could reflect badly on Fletcher if he's reelected and Erwin is overly scrutinized to the point that she's driven from the job. And make no mistake, Erwin's hire is the work of board chairman Keith Travis who championed her despite the revelations....