Did Barsanti just suggest that Spahr's Integrity Saved Erwin & Gaffney from a Fraud Charge?

Barbara Erwin's been gone from the west Chicago suburban school district 303 for a couple of months now and it appears St Charles folks are about ready to get over it.

This from the Kane County Chronicle:

D-303 needs some help

Doing what the public wants would seem to be a tenet of any government body.

But so should making sure personnel files stay in a school district’s hands, following the Illinois Open Meetings Act, and not giving a superintendent 340 days of sick time.

Sadly, these are all tenets that School District 303 fell on the wrong side of with former Superintendent Barbara Erwin at its helm.

In the aftermath of the Erwin saga, the public’s trust in the district might have been at an all-time low. And so begins the rebuilding process.

Sounds like Scottsdale.

Recently in WestChiTown

Citing the fact that Barbara Erwin and Jim Gaffney's attempt to add 85 sick days (worth thousands of dollars) to Erwin's account was unsuccessful, State's Attorney John Barsanti told the Kane County Chronicle, “It’s not fraud. It’s not theft. Barbara Erwin didn’t get those days, so it doesn’t matter.”

Not the kind of line Sam Spade would have delivered.

I'm no lawyer, so maybe somebody can straighten me out here, but wasn't Barsanti only looking for attempted fraud to begin with? It sure doesn't seem Bobbie Raehl was under any false impressions. It was pretty clear that District 303 Human Resources Director Tony Spahr foiled whatever plot was afoot. There's Spahr's statement and the Gaffney memo; which confirms.

One asssumes that if Tony Spahr had bent to Barbara Erwin's pressure (and/or followed the memo Jim Gaffney says he signed but did not write) and credited her account with 85 sick days in opposition to Illinois state law - then that would have been something Barsanti could do something about!?

If that had happened, I'd bet a nickle it would have gotten pinned on Tony Spahr.

Sweet deal for the folks at the top of the food chain.

But as things are, Barsanti can't find a problem; and he's really looked. Barsanti said that he examined statutes ranging from fraud to official misconduct but found that no charge applied to the situation. Hard to believe; but, maybe so.

School board member cleared

in memo investigation

GENEVA - No charges will be filed against a member of the St. Charles school board following an investigation into a memo, signed by him, that indicated the board had approved additional sick-day credit to a former superintendent.

The Kane County State’s Attorney’s Office investigated a complaint brought against school board member Jim Gaffney, who signed the undated memo about sick days for then-Superintendent Barbara Erwin.

“Nothing fit,” State’s Attorney John Barsanti said...

There's really no statute governing attempted fraud in Illinois? ...seems surprising.

If the law dictionary is correct and property is 'anything that is owned by.. [an] entity,' then - isn't money property?

Have I mentioned that I'm not an attorney? I'm not. And I didn't spend much time trying to find an applicable statute, but I am curious...and skeptical. It wouldn't take much to convince me that government money was government property. Or, did the Illinois legislature really mean real estate?

(720 ILCS 5/46‑1.1)

Sec. 46‑1.1. Fraud on a governmental entity.

(a) A person commits the offense of fraud on a governmental entity when he or she knowingly obtains, attempts to obtain, or causes to be obtained, by deception, control over the property of any governmental entity by the making of a false claim of bodily injury or of damage to or loss or theft of property or by causing a false claim of bodily injury or of damage to or loss or theft of property to be made against the governmental entity, intending to deprive the governmental entity permanently of the use and benefit of that property.

(b) Sentence.
(1) A violation of this Section in which the value of the property obtained or
attempted to be obtained is $300 or less is a Class A misdemeanor.
(2) A violation of this Section in which the value of the property obtained or attempted to be obtained is more than $300 but not more than $10,000 is a Class 3
felony.
(3) A violation of this Section in which the value of the property obtained or attempted to be obtained is more than $10,000 but not more than $100,000 is a Class 2 felony.
(4) A violation of this Section in which the value of the property obtained or attempted to be obtained is more than $100,000 is a Class 1 felony.

(Source: P.A. 90‑333, eff. 1‑1‑98; 91‑232, eff. 1‑1‑00.)

Barsanti told the Chronicle that "he does not normally comment publicly on complaints filed with his office or their investigations." It's not completely clear why he made a special exception in this case. After receiving a written complaint, Barsanti’s office investigated that matter and examined criminal codes for an applicable charge, Barsanti said.

As it is, Spahr refused to misuse taxpayer dollars and Barsanti can't find a crime.

The Education Commissioner that could have been

The Kentucky Board of Education is still on the fast track to replace almost-Commissioner Barbara Erwin. The board promises to correct past failings and fully vet the next group of finalists. Good for them.

I'm not crazy about the board's effort to find a new commissioner in the fall of the year - especially not on the eve of a gubernatorial election. But let's hope there are still qualified candidates in the mix, who have not been driven off by the months of missteps, empty proclamations and uncertain direction. Let's hope the board's judgment will improve as their process improves.

Let's hope.

Life with Barbie

Another glimpse into what life might have been like with Barbara Erwin as Kentucky's Education Commissioner arose this morning in Chicagoland.

As his reelection campaign nears its conclusion, Kane County (Illinois) State's Attorney John Barsanti has launched yet another investigation into alleged "misuse of public funds" surrounding Barbara Erwin's 2004 contract in St Charles. Kentucky School News and Commentary reported on the controversy at the time.

An incredibly credible source in St Charles told KSN&C, in April, that Erwin pressured Human Resources staff to add 85 sick days to her account starting in 2004 - a year earlier than her contract allowed.

The story goes like this: After only a few weeks on the job, new HR director Tony Spahr started getting pressure from Erwin - first orally - then, after he reviewed her contract and refused to add the days - she gave him a memo signed by past board chair James Gaffney, and directed Spahr to add the days again.

Spahr sought legal advice and refused yet again. Erwin suggested he should start looking for work elsewhere - which he ultimately did.

In mid August, former District 303 school board President Bobbie Raehl took to police and county prosecutors a copy of the memo that she says showed “behind-the-scenes business.” Barsanti apparently reponded by offering a seminar to public officials on how to avoid trouble under the Open Meetings Act.

But the tenacious Ms. Raehl persisted.

“Personally, I feel it’s attempted fraud and it’s a violation of the Open Meetings Act,” Raehl said in August.

Gaffney denies writing the one-sentence memo that states that the school board agreed in 2004 to award nearly a year in sick days to its then-superintendent saying, - wait for it - “I didn’t write the memo; I just signed it.” (Ahhhh. I love the sound of lame excuses in the morning. It sounds like...'I didn't present at the conference, but I did sign off on it.')

Now, two months later, Barsanti has apparently decided he has what he needs to proceed.

This from the Daily Herald:

Dist. 303 under investigation again

The Kane County state's attorney has asked the St. Charles school board to turn over closed session materials from 2004 as part of an ongoing investigation into possible wrongdoing.

The probe was prompted by an individual allegation of illegal activity on the board since 2004, State's Attorney John Barsanti said Thursday.

This is the second time this year the county's highest-ranking law enforcement official has investigated such a complaint on the school board. A similar probe led school officials to admit in June that they violated the law in 2005 by approving an administrator's contract extension without a public vote.

On Thursday, Barsanti declined to name a complainant or discuss the nature of the latest investigation.

But former school board president Bobbie Raehl took responsibility for the complaint, saying she specifically asked prosecutors to look into the conduct of her former colleague and current board member Jim Gaffney.

Raehl, who also sparked the earlier investigation this year, said she believes Gaffney tried to use his power as a public official to get extra sick days for former Superintendent Barbara Erwin so she could become vested in the state pension system.

Raehl cites an undated memo bearing Gaffney's signature along with a note to district officials, saying the board agreed to credit Erwin with 340 sick days as part of a contract agreement in 2004, when actually Erwin's sick day allotment was not approved and did not start accumulating until 2005.

"There was an attempt to get (Erwin) vested by Jim (Gaffney)," Raehl said. "It was a misuse and an attempted misuse of public funds."

Gaffney did not return a phone message seeking comment Thursday.

Raehl, who lost her seat to Gaffney in the spring election, said she wanted to report the allegation months ago, but wasn't able to obtain the memo in question until late July. She said she had no choice but to turn it over to authorities. "When it comes to honesty and integrity, there is no room for compromise," Raehl said.

District 303 Superintendent Don Schlomann, who replaced Erwin in July, said the district was cooperating with the state's attorney.

Specifically, the board has been asked for tape recordings of four closed session meetings in early 2004 and minutes from several other closed sessions during the same time frame, he said.

School officials already have given the meeting minutes to investigators, but are still reviewing the legality of turning over tape recordings that may contain student and
employee information that must remain confidential, according to Schlomann.

Barsanti said he hopes to complete the investigation in the coming weeks.

Imagine what might have been...

Keith Travis still chair of the board. Barbara Erwin just completing her first whirlwind tour of the state preaching the social gospel of success as measured (twice) by new testing system. A few defections from the department of education (no reflection of the new commish), quickly replaced by former Erwin buddies. Board members happier than ever with their choice for Commissioner. Then, the other shoe drops.

The board may not have fired her, but it can sure count itself lucky that she quit first.

Erwin's Scottsdale personnel file also Missing

Scottsdale Schools General Counsel confirms:

Erwin file missing

Stop me if you've heard this one before...but Barbara Erwin's personnel file is missing.

Not the one in St Charles Illinois. We already knew it went bye bye. Now comes confirmation that Erwin's Scottsdale Arizona file also mysteriously disappeared.

Now who on Earth would have...?

Who had the means?

Who had the motive?

Who had the opportunity?

Some citizens in St Charles, Illinois are - shall we say ...disgruntled.

Burned by years of feeling marginalized...
...hacked off by revelations of illegal back room deals that violated the Open Meetings Act
...and the Gaffney/Erwin memo that asked for even more than the contract allowed for Erwin
...and what smells to them like attempted fraud
...or possibly conspiracy to commit fraud
...an extraordinary gift of sick days, the kind of gift that threatened to undermine the state's teacher retirement system sufficiently that the Illinois legislature outlawed the practice the board was engaged in
...one that stands to cost the St Charles school district thousands of dollars
...Feeling like the state's attorney's response to willful Open Meetings Act violations fell woefully short
...Feeling stonewalled by state's attorney inaction on the Gaffney/Erwin memo
...wondering if Knipp, Gaffney, and others may be contributors to Barsanti's reelection campaign
...wondering if he could recognize a wrongdoing if it was shown to him
...They feel confused by the inaction, but emboldened...and are pressing their case

So, some more digging has been going on.

It had been rumored at KSN&C...and the Kane County Chronicle...that Erwin's Arizona file was also gone. We haven't heard anything from Allen Texas yet, but I suspect somebody will check for her file there as well.

One St Charles citizen sent KSN&C evidence of an email correspondence with Scottsdale Arizona School's General Counsel, Kim C. Clark:

Responding to an Open Records request, Ms. Clark wrote,

"I apologize for the delayed response. We have been unable to locate Ms. Erwin's file. We are contacting our outside attorney's office to see if they might have retained the file for some reason. We will keep you posted. Thank you for your patience."

After further searching Ms. Clark wrote again,

"After a diligent search of our records, and those of our former outside counsel, the District does not have Ms. Erwin's file. We will be sure to notify you, however, if it turns up.

The St Charles citizen pressed the issue a bit with more questions related to whether the district knew if Erwin was aware her file was missing, if a police report had been filed in Arizona and alerting Clark to the investigation in Illinois. A couple of weeks later Clark responded,

"Sorry for the delay in responding. The District's personnel files are maintained in a secure location at the District office. The District is required to maintain personnel files for three years, so it is quite possible that Ms. Erwin's file has been destroyed in the normal course of events. ... Most of the District's current leadership joined the District well after Ms. Erwin resigned and would have no interest in, or knowledge of her file. We continue to investigate, but at this point have uncovered no evidence that any employee or former employee improperly removed the file. Our former outside counsel is Mary Ellen Simonson at Lewis & Roca. I checked with her office on the off chance that they might have a copy of the file, but they did not. I hope this helps.

Clark's explanation that the file might possibly have been destroyed in the normal course of events was not an explanation of what did happen, so much as it was an absolution of the district, should someone claim Scottsdale had done something wrong - which no one is alleging to my knowledge.

Scottsdale attorney Christine Schild picked up on the story and pressed Clark for clarification...in her own inimitable style. Clark made it clear...they just don't know anything.

"Of course I did not personally supervise the destruction of the file. As I said, that could be what happened, but at this point, we have no definitive proof of what may have happened.We are not withholding any information. We just don't have any information to disclose."

In Illinois

Who had the means?
Who had the motive?
Who had the opportunity?

In Arizona

Who had the means?
Who had the motive?
Who had the opportunity?

In a related matter, An appellate court in Springfield has ruled that contracts of public officials are public record, no matter where they are stored...

...In May, the St. Charles school district said it no longer considered contracts of employees, including then-Superintendent Barbara Erwin, to be public documents. Citing a DuPage County circuit court ruling and a 3rd District appellate court ruling, the school district’s attorney said that, because contracts were kept in personnel files, they were not public information. Last week’s ruling appears to directly contradict that reasoning...

This from the Kane County Chronicle.

Erwin's missing personnel file: Unresolved, but the story still won't go away

The police recently dropped their investigation into Barbara Erwin's missing personnel file.

I should drop it too, but the story won't quite die.

Having interviewed everyone who was still in town, apparently the only remaining prospect for the district and police was to subject central office employees to lie-detector tests. Schlomann demurred. He couldn't use any information obtained that way anyhow. I doubt the authorities seriously suspected any central office personnel of being the perpetrator.

I have a hard time imagining some file clerk making off with a precious souvenir of the Erwin era in Illinois - the now famous contract amendment #2 notwithstanding.

Now the Kane County Chronicle published two tid bits from the failed police search in today's paper.

• The St Charles police investigation confirmed that the "locked" storage room was accessible by a master key after hours.
• Investigators tried to reach Erwin multiple times but did not receive a response. Her home telephone in St. Charles has been disconnected.

Why wouldn't Erwin return a call to the police? What would you have done?

Am I mistaken, or did Barbara Erwin have means, motive and opportunity?

These are exactly the elements of investigation someone like Hercule Poirot would have used to solve tricky cases. But that's fiction.

In reality, the police have probably gone as far as they should go based on the evidence they have.

But now comes the rumor that Erwin's file is also missing

from her superintendency in Scottsdale!

A Kentucky School News and Commentary reader mentioned this a while back - and honestly - I blew it off. I took a quick peek at the Arizona Republic and couldn't find anything (in about a minute) verifying such a claim and quickly stopped looking. Now, sources tell me evidence is on the way.

I'll keep you posted if things develop.

In the meantime...can anyone tell me why State's Attorney John Barsanti is blowing off Bobbie Raehl?

"Attempted Fraud": Ex St Charles Board President gives Erwin memo to County Prosecutor, police

Erwin's Quest to Vest

Gaffney: “I didn’t write the memo...I just signed it.”

The post-Erwin fallout continues in WestChiTown as St Charles board member Jim Gaffney tries to distance himself from the now infamous "Erwin memo" that bears his signature.

His 'I didn't write it but I signed it' excuse is the lamest thing I've heard since Erwin's, 'I didn't present at the conference, but I signed off on it.'

What's next? 'I'm not the Queen of England, but I did stay at a Holiday Inn Express last night?'

One source close to district leadership in St Charles told KSN&C, in April, that several district personnel were aware of Erwin's efforts to pressure HR staff to add 85 sick days to her account starting in 2004 - a year early. Some have opined that such pressure may have played a role in the departure of a former HR chief in 2006.

The rumor was that after only a few weeks on the job, new HR director Tony Spahr started receiving significant pressure from Erwin - first orally - then, after he reviewed her contract, and refused to add the days - she gave him the memo Gaffney signed, and directed Spahr to add the days again.

Spahr sought legal advice and refused again. After that, Erwin told him that maybe he should start looking for work elsewhere - which he apparently did.

If the rumor is true - there ought to be a piece of paper out there - some kind of legal opinion from the board attorney Mike Duggan, written in mid February.
~
This from AMELIA FLOOD at the Kane County Chronicle:

ST. CHARLES – Former District 303 school board President Bobbie Raehl has taken to police and county prosecutors a memo – signed by board member James Gaffney – that she says shows “behind-the-scenes business.”

“Personally, I feel it’s attempted fraud and it’s a violation of the Open Meetings Act,” Raehl said.

Gaffney denies writing the one-sentence memo that states that the school board agreed in 2004 to award nearly a year in sick days to its then-superintendent.

“I didn’t write the memo,” Gaffney said during a recess of Monday night’s school board meeting. “I just signed it.”

The board later approved a contract amendment to give 340 sick days to then-Superintendent Barbara Erwin. But that action was taken during a 2005 closed-session vote that was found to be in violation of the Illinois Open Meetings Act.

The memo that was signed by Gaffney, Raehl said, showed he was trying to act on behalf of the board.“He was saying it was the board’s intent, and it was not,” Raehl insisted.

Gaffney explained that “the human resources guy” faxed him the memo.

The district’s former human resources director, Tony Spahr, said the document was not faxed by his department. He said he first received it from Erwin in her office in February.“I don’t know how she obtained it,” Spahr said. “I’d never received anything like it.”

The memo consists of a single sentence: “This is to affirm that the Board of Education, agreed in 2004, as part of her employment contract to award her 340 sick days at 85 days a year.”

It is signed, “Jim Gaffney, past president.”

Raehl said she learned of the memo in March. She confronted Gaffney about it during an executive session April 9, Raehl reported, but he would not acknowledge the memo.

Gaffney said the memo would have been on his personal letterhead if he had written it.“If you look back at the record, everything is on my personal letterhead,” Gaffney said Monday. “If I had written it, ... it would’ve been better written.”

He did not return phone calls Tuesday for comment on Raehl’s accusations.

On Monday night, Gaffney was called upon by resident Jeff Blankenship to explain the memo.“Like a bicycle that’s broken, you have to fix what’s broken,” Blankenship said.

Blankenship also asked Gaffney and board President Kathy Hewell to resign amid the controversy involving a contract extension the board awarded to Erwin.“Mrs. Hewell, Mr. Gaffney, you aren’t helping this board,” Blankenship said. “If we’re going to do what’s best for our children, some people have to leave.”

Gaffney would not comment Monday on the calls for his resignation or those asking for an explanation of his actions.“Everybody’s got their own opinions,” Gaffney said.

Hewell could not be reached for comment on Tuesday.

Timeline of events

February 2007 -– Tony Spahr, the former head of human resources at the district, is given a memo signed by Jim Gaffney asking that Superintendent Barbara Erwin be given 340 sick days retroactively.

March – Board President Bobbi Raehl becomes aware of the memo through the board’s attorney, Mike Duggan.

April 9 – Raehl alleges she confronted Gaffney in executive session about the memo and that he did not acknowledge it.

July 2 – The Kane County Chronicle requests the memo under the Freedom of Information Act.

Aug. 9 – Raehl meets with lawyers in the civil division of the State’s Attorney’s Office to discuss the memo.

Aug. 13 – Raehl and others call for an explanation of the memo during citizen comments at the school board meeting. Gaffney informs a Chronicle reporter that he did not write the memo, only signed it and that it was faxed to him for his signature by District 303’s human resources department.

Aug. 14 – Tony Spahr says that the fax did not come from his department and that the first time he saw the memo was when he was given it by Erwin in February.

Click here to see the signed memo

Click here to see the Chronicle's request for the memo

Photo by Travis Houghton at the Kane CountyChronicle.

~
Gaffney says "the Human resources guy" sent it to him. Bull.

Apart from the fact that Tony Spahr had no motivation to do so, it would have constituted an illegal act, and he had previously refused to grant her the days, despite being threatened with termination...WHERE ARE THE FAX MACHINE MARKINGS AT THE BOTTOM OF THE MEMO?

I don't know about your faxes...but mine all have a time stamps on them. Take a good look at the Chronicle's photo of the actual memo. No marks.

Did Gaffney mess up his story?

So who really wrote the memo? You can't rule out Gaffney. You can't rule out a couple of others either.

Case Closed: Probe for Erwin file unresolved

This from the Kane County Chronicle:

ST. CHARLES - Police have closed their investigation into the missing personnel file of former St. Charles Superintendant Barbara Erwin with no answer as to its whereabouts.

Police spokesman Paul McCurtain confirmed Tuesday that the investigation was closed, pending further leads and that such an outcome was not unheard of.

"There just isn't anything for them [the investigators] to go on," McCurtain said.

Erwin's file was reported missing on July 3 by Superintendent Don Schlomann. Since then, the police and Schlomann have been in communication and district staff were interviewed.

Schlomann said he had received a call from investigators who "suggested that they were at a dead-end."

"And I suggested to them that maybe they should close the investigation. But I'm relying on their judgement," Schlomann said.
~
And this from the Daily Herald.

St Charles Expands Audit to look at Erwin''s full tenure

The St. Charles school district is expanding its annual audit this year to find out exactly how much it paid former superintendent Barbara Erwin during her three years on the job.

Auditors have been told to break down not only how much Erwin was paid in salary, but also how many vacation and sick days she cashed in, new Superintendent Donald Schlomann said Monday.

The probe will span Erwin’s entire career in St. Charles, from 2004 to last month, and result in a public report that aims to address “rumors and innuendo about what may or may not have occurred,” Schlomann said.

School district audits typically encompass all of the taxing body’s finances, but do not narrow in on one employee — especially over several years.

Schlomann said the decision to focus on Erwin, who left amid controversy in July, was a result of speculation from the community over whether she was fairly compensated.

“I hear all kinds of ‘She got this, she got that,’” Schlomann said. “There are lots of rumors.”

Some rumors stem from a 2005 contract extension that credited Erwin for 85 sick days a year to put toward an Illinois pension.

The school board admitted earlier this year that it illegally agreed to the measure without a public vote, which caused a backlash from taxpayers.

It appears Erwin ended up getting about six months of sick time credit after the board retroactively approved the extension.

Other factors, including the possible theft of Erwin’s personnel file from district headquarters and her last-minute decision to decline a job as Kentucky’s state superintendent, only added to speculation surrounding her departure.

Schlomann said an outside auditing firm likely will begin reviewing documents in September, and a report detailing Erwin’s compensation will be made public this fall.

Erwin’s annual salary was $195,000, records show.

This from the Daily Herald.

Erwin file investigation continues, sparks security change

ST. CHARLES – As a month-long police investigation into the disappearance of former Superintendent Barbara Erwin’s personnel file continues, school district officials are looking at ways to prevent the same thing from happening again.

But Assistant Superintendent for Human Resources Brian Harris does not expect major changes to how the district does business.

“The only thing is we might consider changing the locks because we’ve had a breach,” Harris said. “I have no reason not to trust anybody here. We’ve never had any scenario like this in the past.”

Erwin’s file was reported missing by Superintendent Don Schlomann on July 3. District staff were interviewed shortly after the investigation began.

Without elaborating, police spokesman Paul McCurtain said that the investigation would continue...

This from the Kane County Chronicle.

Hansen's Bittersweet Departure

Barbara Erwin is no longer Kentucky's problem. So, I don't monitor the WestChiTown papers on a daily basis anymore. Since she's no longer a threat here, there's something a little improper about an abiding interest there. It's like getting into somebody else's business.

But I must confess an interest in how the St Charles authorities resolve two open issues: The Erwin/Gaffney memo and the lost personnel file. So, I still peek at the papers a couple of times a week - to see if anyone still cares.

I'm glad I saw yesterday's column from Kane County Chronicle Managing Editor Kristen Turner regarding Chris Hansen. Although I have never met Mr. Hansen, after covering D303 stories for the past few months I feel like I've come to know the players. So I was pleased to see that the Chronicle softened its position on Hansen a bit. He deserved it.

But isn't that the way it always seems to go. The guy who is in that thankless job for the kids, and feels genuine remorse for not being able to make things better, acts with integrity. While others look out for their own egoes - and hope public scrutiny simply goes away, as it seems to have done.

I will always be grateful to several folks in St Charles for helping us in Kentucky avoid the perils that come with Barbara Erwin. If I could grant a wish for you in return, it would be that Gaffney and Hewell would go away too.

This from the Kane County Chronicle:

In June, the Chronicle’s editorial board called for the resignation of St. Charles school board members Christopher Hansen, Kathleen Hewell and James Gaffney.Last week, Hansen resigned, saying that he thought it was a good first step toward helping the board move forward.

That very well might be true, but Hansen’s departure is bittersweet.

The editorial board (of which I am a member) asked for all three resignations because it thought that the board’s slate needed to be wiped clean. These are three people who voted “yes” in closed session, but never in public, for a lucrative contract extension for former Superintendent Barbara Erwin. Anyone involved in that vote, the editorial board reasoned, needed to cut ties with the school district.

Hansen was the least culpable among them.

On the recording of that meeting, which happened April 11, 2005, Hansen is heard a few times asking about the proper procedure for the vote, about the legality of the vote. He asks whether the group needs to open up the public meeting again and vote there.

Sadly, he is misinformed by a fellow board member.

“Mary Jo, are we going to go out and take a vote on this?” he asks.

“No, no. We do not have to vote. All I need to know is that the majority of the board is OK with this ...” then board President Mary Jo Knipp responds.

Hansen, just like every other member of the board, had a responsibility to know the law about voting for measures in open versus closed session.It’s simple: A public body cannot take official action in closed session. The business has to be completed in the public eye. But it didn’t help when he was given bad information.

Hansen’s institutional knowledge offered guidance to newer board members. His now-former colleagues praised him for that, and those who spoke publicly after his resignation spoke highly of him.

It remains to be seen whether Hewell and Gaffney will follow.

One more note about this: Attendance by the public at Tuesday night’s board meeting was a grand total of one person, at least for the first two hours, when reporter Amelia Flood was there.Only a few weeks ago, I took several calls from people asking what they could do to change things, how they could get involved.Going to school board meetings is a great place to start.

Terminally dysfunctional: The legacy of Barbara Erwin

In the wake of Barbara Erwin's contentious departure, a school board meeting had been planned in St Charles to discuss mutual expectations and to begin team-building among board members and the new superintendent. But Tuesday's meeting fell apart as distrust and arguments over past board actions and attitudes dogged the discussion.

Some folks want to forget their guilty past and move on quickly. Others believe a few mea culpas are needed first, to fully comply with a state's attorney's ruling and to begin the healing.

It got so bad that Dawn Miller, a representative of the Illinois Association of School Boards, who was there to assist said, "Perhaps if you can’t put this aside, I should have seven resignation forms up here... This is outrageous!” ...

More from the Kane County Chronicle, and this.

While some members pig-headedly refuse to atone for their past dealing so that healing might begin, the one veteran board member who did understand what went wrong and tried to fix it, just gave up.

Chris Hansen submitted his resignation yesterday saying, "People have to remember this is about the children, and there's so many good things happening that we shouldn't lose sight of. Hansen said he hopes his resignation helps change the dynamic of the embattled board, whose members are struggling to overcome turmoil from recent controversies.

The wrong guy - did the right thing.

This from the Daily Herald.

~

Kentucky can be glad. The dysfunctional leadership in Allen, Texas took some time to heal. The same for Scottsdale, Arizona. In St Charles, Illinois it may take longer.

What happens in Kentucky's schools over the next decade will be a product of what our board does now. The sooner board members can forget their Erwin flirtation the better. If members choose to focus on their own embarrassment, forgetting Erwin will be hard to do. But if members focus on the best interests of Kentucky's students, people will notice, and the board can put this behind them relatively quickly.

Most board members (but not all) seem to understand that the press was not the problem.

~
This take from Jeffrey Ward of the Batavia Sun.

Don't blame me!

I'll take the blame for a lot of things. Global warming, being liberal on social issues, driving my editors to unusually high levels of alcohol consumption, being a Cubs fan since 1964, corrupting my young assistant with my foul mouth and being a lot less smart than some of my readers (they tell me so).

In fact, I've been trained to take the blame whenever any woman accuses me of anything. A recent study claims men utter the same 16,000 words per day as women. What they failed to mention is that 8,000 of those words are "yes" and the other half "dear."

But, despite her statement to the contrary, I will not take the blame for former St. Charles School Superintendent Barbara Erwin backing out of her Kentucky Commissioner of Education job. As a man, I have to draw the line somewhere because my wife told me so.

In a clear and continuing case of truth being far stranger that fiction, Erwin just quit two jobs she didn't have at the same time. Though already out of the picture in District 303, her final day on the payroll (no coincidence) was actually Friday, July 13. On that very same day she submitted a letter of resignation to the Kentucky State Board of Education two days before starting that job.

In that letter Erwin writes, "The continued noise by the media is and will detract us from our mission..." Oh! So this is our fault! It's those pesky reporters and columnists!

Even football has a penalty for piling on and, so far, I've avoided tackling Erwin. But, as liberal as I can be on some issues, I'm a raging conservative when it comes to personal responsibility. So, as a duly and self-appointed representative of the media in Kane County and Kentucky I will endeavor to respond to Dr. Erwin's accusation.

Dr. Erwin, I -- or anyone else in the news media -- am not responsible for your "it's my way or the highway" management style. I didn't play the game of divide and conquer, choosing favorites and then turning my back on them when expedient. It's not my fault that eight of the nine officials directly under you, four principals and countless other staff bailed out during your tenure -- most to lower-paying jobs.

If I remember correctly, the media didn't create a special position for my buddy from Scottsdale, so he could play enforcer to my every edict. Was it a reporter that canned a long-time IT director and hired a former board member for $50,000 a year more?

Was it the media who placed those fictional Texas "Superintendent of the Year" awards in your resume? Did a columnist claim you twice presented at the Illinois Association of School Boards Triple I Conference, despite not being listed as a speaker? Should a Louisville news station take the blame for reporting you were a member of the executive board of the American Association of School Administrators from only 1999 to 2002 and not from 1991 per your resume?

But, instead of taking responsibility for "gilding the lily," you dismiss it all with the now famous, "it's a typo" defense. As a TV judge says, "If you're going to lie -- please make it a good one -- don't insult my intelligence." So if by "media noise" you mean ferreting out the truth then I understand.

I wasn't the one who couldn't keep my reason for leaving straight. First you're retiring, then superintendent elsewhere, next Kentucky and now it's retirement again. The media didn't insist on your Aug. 4 departure date and then move it to July 13.

Then, just when we thought you were Kentucky's problem, like a bad B horror movie, there's always one more scene. Your missing personnel file. I'm guessing you think the press took it. You said, "I'm dumbfounded to learn my personnel file is missing." And if anyone buys that one, they'll probably believe Jim Gaffney will win a St. Charles school board member of the year award.

Lastly, instead of leaving with a shred of class, you couldn't resist taking one more swipe at the very people who broke the law to give you your "raise." You just couldn't resist dissing the board who, in an illegal closed meeting, presented you with an astonishing 85 sick days per year. No! Even that couldn't keep you from saying, "It is so refreshing to talk with board members who truly have the belief that ALL children can learn!" in that letter of resignation to Kentucky.

Dr. Erwin, I'm sorry you believe whatever you've been thinking for the last five minutes is the truth. You could have been a good if not great superintendent, but the mark of a good leader is one who doesn't blame others for their failures. A great leader admits to and learns from their mistakes. When all is said and done, your inability to take responsibility for any of your actions or for the words that come out of your mouth, brought you to the place you are now.

And you can't blame me for that.

Kane County Chronicle tells Barbie bye bye, declares an Erwin-free zone

A reader alerted me to today's Kane County Chronicle for Dan Campana's goodbye column to Babs. He does his own recap leading to the conclusion ...good riddance.

But Campana declares his page an Erwin-free zone. Is this premature?

Maybe not. Maybe the folks in St Charles are so fatigued by the whole mess that they are content to let residual issues go unaddressed and quit looking for the missing file. So what if she tried to get even more sick days than her cronies were willing to take heat for? The effort failed; let it go.

But what if there are a few "law and order" or "good government" folks running around St Charles? Maybe some average taxpayers? Maybe some education advocates who saw Erwin's effort as taking money away from the children?

What if the system IS working, only it's behind the scenes?

If the file is found, or more news breaks, isn't the Chronicle going to cover it?

Of course they are. The Chronicle gets my vote for best on-going coverage of the whole affair. The Daily Herald was far more timid and joined the story late, after the Chronicle had built in into something.

So, maybe Campana's right and it's over. It is no longer my particular concern since Kentucky children will not suffer.

But if I were to advise a St Charles board that needs to ask citizens for more support in the near future - I'd tell them that they'd better show a renewed sense of stewardship for district funds first. A stewardship that is focused squarely on children - not adults.

Time will tell.

Campana: Chronicle says goodbye to Barb Erwin

After today, page 2A will forever be a Barbara Erwin-free zone.

Later than it should have been, Erwin no longer is employed by the St. Charles school district. Her three years and two weeks as superintendent provided a wide-range of memories, questions and excessive forehead scratching.

Now that the end is here, why not take a trip down memory lane in this Barb retrospective, as reported by the Chronicle.

Dim the lights and cue the sappy music.

• “I hope to accomplish what the community wants. It is not about what Dr. Erwin wants,” Erwin said in January 2004, after the school board hired her.

Hmmm …

• “Some people say that you get what you pay for. Actually, I think we got a bargain,” former school board president Mary Jo Knipp talking about the $14,000 price tag to select Erwin.

Where do we begin to dissect this comment from Knipp, who led the school board through an illegal closed-session vote to extend Erwin’s contract and now is employed by the district?

• “You need to begin with the end in mind,” Erwin in July 2004 on the eve
of taking over District 303.

Nostradamus might not have seen this type of ending in St. Charles – or the beginning and end in Kentucky – but maybe Erwin’s colleagues in Arizona, Texas and Indiana could.

• “Barbara Erwin said she had planned to retire from education before she interviewed to become the next St. Charles school superintendent,” the lead
paragraph to a July 2, 2004, story about Erwin’s first day.

What a minute, this sounds familiar?

• “Superintendent Barbara Erwin tendered her retirement Monday night, effective in August 2007;” “Erwin said she could enter higher education or the private sector during her retirement,” excerpts from an October 2006 story about Erwin’s surprise retirement announcement.

Getting warmer …

• “As you know, my original plan was to retire in August 2007. I believe it is in the best interests of all if I maintain those plans ... ,” Erwin’s letter last week to Kentucky officials.

Oh, that’s right.

• “I find it interesting because a contract’s a contract. … Now people are upset about it. I don’t understand, they weren’t upset about it three years ago,” Erwin to a Kentucky newspaper last week about the D-303 contract flap.

Uh, because no one knew about it three years ago. Your board made sure of
that.

• “Erwin could not be reached for comment;” “Erwin did not return phone calls seeking comment,” published on, well, heck, pick a story since October.

Tom Hernandez, former D-303 communications director, must have taken all her comments with him when he left for Plainfield in November.

• “She was a cancer for our district. … And now the cancer has shown up in another part of public education,” Eric Kurland, who worked with Erwin in Arizona, in October 2006.

Now St. Charles enters remission, to further Kurland’s analogy.

• “Whatever I’ll do, it’ll revolve around children,” Erwin in October, talking about her “retirement” plans.

When you think you’re the Sun, everything revolves around you.

Good riddance.

~

Chicago Tribune recaps, updates Erwin story

I missed connections with Tribune reporter Clifford Ward yesterday, so I didn't get to contribute to today's article in the big paper. But I was pleased to learn he had been a Kentucky School News and Commentary reader...to some degree.

The Tribune story is mostly a recap, but also contained some new information.

As KSN&C readers know, after weeks of questions about Barbara Erwin's résumé, the revelation of a secret 2005 contract vote, what appears to be evidence of an attempt to defraud the Illinois Teachers Retirement system, and a police investigation of her missing personnel file, Erwin resigned the Kentucky post last week.

As St Charles school board member Chris Hansen told the Tribune, "There are some bad feelings in the community, because some people think [Erwin] took advantage of the system."

The board voted in secret on April 11, 2005, to extend Erwin's contract and award her 85 sick days for each school year from 2006-08. This June, the board of education publicly apologized for taking the closed-door vote - a violation of the Illinois Open Meetings Act.

Then on July 10th, just before a meeting with the Kentucky Board of Education, St Charles Human Resources Director Tony Spahr responded to an Open Records Request from the Kane County Chronicle that produced an undated memo that Spahr says was given to him by Erwin in February. The memo, signed by "past president" of the board James Gaffney, directed Spahr to begin awarding Erwin the extra 85 sick days starting in 2004 - an apparent attempt to more quickly vest Erwin in the teacher pension system.

The Tribune story teaches us the potential value of this effort to Erwin. "Someone with an average annual salary of $195,000—the amount Erwin earned in St Charles—and five years of service could have qualified for a $21,450 annual pension at age 62, according to an analysis provided by the Illinois Teacher Retirement System." (I don't know the actual value of this benefit, but it is certainly well beyond the face value. Given an average life expectancy of 78 years, had she vested, Erwin could have expected to collect monthly benefits for 16 years.)

St Charles Board member Scott Nowling said, "She is not walking out with any cash, nor is she vested in the pension system."

But it was apparently not for a lack of trying.

Among the unresolved questions is the whereabouts of Erwin's personnel file, which has been reported missing. Paul McCurtain of the St. Charles police said Monday that the investigation is ongoing. Erwin told a Kentucky newspaper last week that she did not have the file.

Apparently the missing file was "the last straw" as far as the Kentucky board was concerned. I get it. That story had a great big word in it - police.

But what I don't understand, is why the Spahr memo is any less inflammatory. I'm not a lawyer, so maybe some attorney out there can straighten me on this - but why isn't state's attorney John Barsanti all over this?

Just for the sake of argument, let's assume somebody removes their own confidential file from school property. What's the damage? What's the violation? Theft of an item valued at...what? I don't mean to minimize the problem...

But if there was an attempt to vest illegally in the Illinois Teachers Retirement system and the Tribune's information is correct, that's a value of $21,450. Isn't that worse? And since Gaffney signed the memo Erwin gave to Spahr, does that qualify as conspiracy to defraud? For one so brash and outspoken, Gaffney's gotten awfully quiet lately. Was Mary Jo Knipp involved?

Is an investigation already going on, but the public just doesn't know it yet?

Does Bobby Raehl, or another board member, have to ask for a new investigation for Barsanti to act?

Does Barbara Erwin already know the answer to these questions? And if so, did those answers contribute to her surprising decision?

One thing seems certain: Donald Schlomann didn't come to play. He wants everything on the table and underscored his sincerity when he called the cops on Day 2 of his tenure.
~
This editorial from the Daily Herald:

"...Erwin came into St. Charles from Arizona with solid credentials and a new approach for a district in turmoil in the aftermath of the St. Charles East mold crisis. She said the right things and vowed to fix what was broken. But she left a district in turmoil and added her own chapter of discontent by leaving before her contract was up..."

"...But while she was here, Erwin fell into a trap that other St. Charles superintendents found themselves in. That “trap” has to do with a superintendent either butting heads with a school board member or two or, just as troubling,showing favoritism or making “friends” of a chosen few. Either scenario tends to ruffle feathers among peers or risks alienating the public..."

If you look at Allen Tx and Scottsdale AZ plus St Charles, evidence strongly suggests scenario #2. If there is something inherently defective about the St Charles community, it's not readily apparent. Butting heads is inevitable in the school business. The trick is to disagree without becoming disagreeable. That's how it worked out in Scottsdale - after Erwin.
~

Erwin Timeline

The Herald-Leader posted a resume and timeline on Barbara Erwin. I have added more detail to it.

RESUME
Barbara F. Erwin
Age: 56
Hometown: Born in Chicago, raised in Hammond, Ind.
Education: Bachelor's degree in special education from Indiana University; master's degree in school administration from Purdue University; and a doctorate in school administration from Indiana University.
Family: Married with two sons.

Work history: Led the 30,000-student Scottsdale (Arizona) Unified School District as superintendent from 2000 to 2004; served as superintendent of the Allen (Texas) Independent School District from 1994 to 2000.

ERWIN TIME LINE
Sept. 8: Gene Wilhoit, education commissioner for six years, announces he will resign Nov. 1 to become executive director of an education advocacy group in Washington, D.C.

October: Erwin announces her retirement from St Charles effective August 4th.

December: Ray and Associates Inc., an Iowa-based firm, is hired to handle the search for Wilhoit's replacement. The firm receives a base fee of $32,000 plus about $1,000 for preparation of the flier and application form, about $8,000 for applicant interviews, about $4,300 for travel expenses, and other fees.

April 1: Kentucky Department of Education commissioner search committee holds first meeting.

April 7: Mark Hebert (WHAS) reports Commissioner search is secret. KSN&C gets involved.

April 10: KDE board says the names of finalists might not be released to the public.

April 16: Gov. Ernie Fletcher sends a letter to board chairman Keith Travis urging the board to seek public input on the candidates.

April 18: The board complies and announces its top three candidates: Barbara Erwin, superintendent of St. Charles community Unit District 303 in Illinois; Mitchell Chester, a senior associate state superintendent for the Ohio Department of Education's Office of Policy and Accountability; and Richard La Pointe, deputy assistant secretary for the U.S. Department of Education's Office of Vocational and Adult Education.

April 19: KSN&C posts numerous pages of background on the 3 finalists.

April 22: KSN&C reports "differences in philosophy" cited in Erwin's retirement; Ky job is the third she sought since "retirement." Issues raised over the number of retirement systems already vested in.

April 24: KSN&C sends brief candidate summary, access to more information and recommendation to KBE search committee. KSN&C opines that the field is relatively weak, Mitchell Chester is probably the best candidate; Erwin is suspect in areas related to openness with the press and an overall tendency toward disharmony and combativeness., and LaPointe is suspect, and probably unacceptable, on cultural issues. Herald-Leader urges an apolitical Commissioner.

April 24: After KBE closed session, Erwin accepts offer to become Kentucky's first female education commissioner and announces plans to retire from St. Charles on August 4. Officials with districts in St. Charles, Scottsdale, Ariz., and Allen, Texas, say Erwin clashed with some of the district's leaders.

April 26: Mark Hebart reports Ky Board chair Keith Travis said he was unaware of Erwin's troubles in prior districts, planned ot release names of finalists all along. Lisa Gross confirms the board read and discussed the KSN&C material before they voted.

April 29: Courier-Journal reader "nowisright" questions Erwin's credibility in Superintendent of the Year claims. Bluegrass Institute (Richard Innes) contacts KSN&C (Richard Day), agree to a joint investigation of Erwin claims.

May 1: Bluegrass Institute confirms Erwin exaggerated Superintendent of the Year claims. Fletcher flies to Bowling Green to meet Erwin.

May 2: KSN&C questions whether Ray & Associates (the search firm) presented particular bothersome past events from Erwin's career; later confirmed, they did not. Bluegrass Institute blasts search process.

May 3: Herald-Leader picks up story on Erwin's temperament and Courier-Journal picks up resume story. Bob Sexton blames search firm. Board stands by Erwin.

May 6: Board member Doug Hubbard urges Erwin to withdraw. Herald-Leader reports that some Kentucky districts spend over $200,000 on legal fees. KSN&C reports Erwin spent $650,000 on legal fees in Scottsdale.

May 7: KSN&C criticizes state board for outsourcing its responsibilities for due diligence to its search firm, Ray & Associates, who seem to have advised secrecy, which produced a bad result. Owensboro Messenger-Inquirer critizes the board's over-reliance on the search firm.

May 8: Al Smith, writing in both the C-J and H-L, urges the board to slow down the process, get past the gubernatorial election, get it right; Wartns against La Pointe. St Charles Board member Bobbie Raehl, alleges an Open Meetings Act violation in approving Erwin's Illinois contract. KSN&C posts huge summary of 800+ articles involving Erwin, alerts KBE. KSN&C expressed difficulty confirming Erwin's claim that she presented a tht eTriple I conference in 2006.

May 9: Board goes into closed session with Erwin at 9:30 AM (EST). At 9:54 AM, KSN&C gets confirmation of Erwin's false conference presentation claim. KSN&C's contacts Lisa Gross (KDE) but attempt to get word to the board fails. KSN&C contacts H-L, C-J & Mark Hebert. Board members vote unanimously to hire Erwin, despite concerns about errors in her resume and her reputation in other districts she's led. She is offered a four-year contract with a base salary of $220,000 a year and scheduled to start on July 16. When confronted after the lengthy closed session, Erwin said she had to "sign off" for others to present. Board members said they were unaware - looked past her credibility problems.

May 10: KSN&C criticizes a pattern of behavior that is emerging form its research. KSN&C and the Bluegrass Institute start digging into other resume claims. KSN&C ponts out another resume "typo" where Erwin misnamed an honorary fraternity.

May 11: C-J calls selection process tolerated by Fletcher appointees "slipshod." Bluegrass Institute and KSN&C independently confirm another resume error; Erwin claimed ten-year membership on AASA committee, which should have been three years. Concerns raised by Comment on Kentucky, Ashland Daily Independent, State-Journal and the Family Foundation.

May 16: H-L confirms fifth error; regarding membership on Scottsdale Chamber of Commerce Board. KSN&C exposes sixth error; teaching certification mystery: Indiana officials can not explain how Erwin got a teaching license in 1971-72 school year, when she didn't graduate IU until May 1972. Erwin does not respond to KSN&C inquiry. Erwin's St Charles contract moved to personnel file, not released to press.

May 23rd KSN&C reports rumor of Erwin asking for 85 sick days beginning in 2004 contrary to her contract.

May 28: KSN&C reports a conflict in Erwin's announced work schedule. She tells St Charles she will work until August 4, after commiting to Kentucky that she would start July 16th.

June 6: Illinois state's attorney finds St Charles Board in willful violation of Open Meetings Act in Erwin contract.

June 8: KSN&C confirms another error; this on Erwin's application where she indicated that she had never been sued and never left a district under pressure. Erwin was a name defendant, at the U.S. District Court in Phoenix: styled Schild v. Erwin (2:04-cv-00910); being sued by one of her board members at the time she left Scottsdale. St Charles board votes to ratify her 2005 contract.

June 11: KSN&C reports that the Ray & Associates claim that Erwin solved a mold problem in St Charles was false.

June 12: Op-Ed by Richard Day in Courier-Journal recaps the concerns and calls for the Kentucky Board of Education to dismiss Erwin.

June 23: Jamie Lucke faults weak field of candidates, inexperienced Kentucky School Board for Erwin mess. Ronnie Ellis cites Erwin's double-speak.

June 26: The Illinois state attorney's office cites the St. Charles school board for violating the Open Meetings Act when it met in private on April 11 to vote on an amendment that would give Erwin an additional 85 sick days for every year of her contract from 2005. Her contact was to expire in 2010.

June 30: Four state educators are named to associate commissioners posts, including Elaine Farris, the state's first black superintendent.

July 3: St. Charles officials contact police about Erwin's missing personnel file. A police investigation into the missing file is ongoing.

July 10: Erwin memo surfaces claiming 85 sick days starting in 2004. Citizens claim memo was an attmept to defraud the Illinois Teachers Retirement System and the St Charles schools.

July 11: Erwin attends her first KBE meeting [as Commissioner-select].

July 13: Erwin withdraws from her contact with KDE.

July 14: Kentucky Board of Education meets to plot a new course.

Has the Kentucky Board of Education learned a lesson?

The state board of education will meet at 7 tonight in Frankfort to formally accept Erwin's resignation and to discuss reopening the search for a commissioner.

"I am not sure what is going to happen," Travis said, adding that Erwin told him yesterday morning that she had concerns about coming to Kentucky.

In turn, Travis said he shared the board's concerns that she might not be able to do her job because she would be "so immersed in other issues."

"There is no doubt she has wonderful leadership skills," Travis said. "The question was, can you balance those two things, or would it be a major distraction?"

A few hours later, Travis said he received Erwin's letter.

"It was a bit of a surprise," he said. "I could sense on Wednesday (during a state board meeting in Frankfort) that she was drained. She seemed to be preoccupied with several issues on her mind."

Doug Hubbard, a state board member from Bardstown who was the sole opponent to Erwin's hiring, said yesterday that Erwin's decision to retire instead of coming to Kentucky was a "sad circumstance," but said "this is what is best for" Kentucky.

"I thought we made a mistake (by naming her the top candidate) then and my opinion has not changed," he said.

Bob Sexton, executive director of the Prichard Committee for Academic Excellence who has expressed concerns about Erwin's work experience and resume, called yesterday's news "unfortunate for Kentucky schools."

"But I think we have to look on the bright side," Sexton said. "It may be an opportunity for the board to attract the kind of candidates the Kentucky job ought to attract."

According to the Daily Herald newspaper in St. Charles, a moving trailer sat in the driveway of Erwin's home yesterday afternoon, which she shares with her mother and her husband. The house is on the market for $585,000.

Erwin refused to come to the door to talk to reporters, but her mother said she and Erwin are moving back to Scottsdale, Ariz.

This from the Courier-Journal.

~

The Daily Herald adds:

“I don't know why she had this change of heart,” said Board President Kathy Hewell. “I talked to her this week, and she didn't say anything.”

Hansen said he was stunned by her decision.

“I just can't imagine that level of scrutiny, personally,” he said. “But I'm not saying it wasn't deserved.”
~

And from the Kane County Chronicle:

...Kentucky school board Chairman Keith Travis must move on without Erwin, who he described as “the best possible candidate for the job.”

“I think she evaluated the issues that she had been facing, some of the challenges and media issues, and considered what was best for Kentucky,” Travis said.

Hours after Erwin’s announcement, the St. Charles school board voted, 3-1 – with board members James Gaffney, Lori Linkimer and Karla Ray all absent – to approve a resolution formally accepting Erwin’s resignation. The vote also granted Erwin her $12,000 annuity and a $337.50 automobile allowance for this month.

Board member Chris Hansen cast the lone vote against the resolution, which came after he failed in an attempt to retroactively discontinue Erwin’s contract as of June 30 – the final day of the 2006-07 fiscal year.“I think everyone in this town knows she declared her last day to earn additional retirement benefits,” Hansen said. “I do know that she was working outside the district during the last few weeks, at a time she was supposed to be here helping with the transition of the new superintendent.”

Although Hansen’s amendment was met by applause from an audience of St. Charles taxpayers, he couldn’t garner support from his fellow board members who declined to stray from the content of Erwin’s contract and added amendments, including the controversial addition of sick day credits toward an Illinois pension.“This is already time served; I don’t know how we could go back,” board President Kathleen Hewell said.

Although the board’s action concluded Erwin’s three-year tenure with the school district, her name still is involved in an investigation into the disappearance of her personnel file.

Superintendent Donald Schlomann, who oversaw his first St. Charles meeting Friday, reported the file missing on his second day of work. Police continue to investigate.

Although the file has yet to turn up, Schlomann said the school board still could salvage its reputation.“I don’t think today’s symbolic of anything, but I do think it’s an evolution, the board has heard over and over again that they need to be more open,” Schlomann said. “I just want them to be open about the closing out of the contract.”

~

ERWIN STEPS DOWN

BREAKNG NEWS

ERWIN DECLINES EDUCATION COMMISSIONER POST

(FRANKFORT, Ky.) - Barbara Erwin, the Illinois educator selected by the Kentucky Board of Education as the state’s next education commissioner, announced today that she is declining the position.

Citing overwhelming and acute scrutiny, Erwin informed the board of her decision today.

“As you know, my original plan was to retire in August of 2007,” said Erwin in a letter to Board Chair Keith Travis. “I believe it is in the best interests of all if I maintain those plans of retirement. I have so enjoyed my very brief opportunity to work with you and the rest of the board.”

Travis said he supported Erwin’s decision with regret.

“I and the other board members believe that Barbara Erwin was the best possible candidate for the job,” he said. “I am disappointed that the pressure she encountered has led to this.”

Travis said that the board will meet in special session on Saturday, July 14, at 7 p.m. in Frankfort to discuss plans to reopen the search for a new commissioner.

After a months-long search, Barbara Erwin was named the top candidate for the position of education commissioner in April. Her most current position was that of superintendent of Community Unit District 303 schools in St. Charles, Illinois.

Police continue investigation of missing Erwin file

As police continued an investigation Thursday into the possible theft of a confidential file from the St. Charles school district, the superintendent pledged to review internal procedures so employees “can feel safe” their personal information is closely guarded...

...[T]he recent disappearance of outgoing Superintendent Barbara Erwin’s confidential personnel file, which has prompted a police investigation...

...[F]ormer human resources director Anthony Spahr...resigned this week after getting a job at Elgin Community College.

Schlomann said Spahr’s resignation was unrelated to the file’s disappearance.

Police, meanwhile, continued an investigation that includes interviews with district employees.

Police spokesman Paul McCurtain said he did not know whether Erwin had been questioned or was expected to be questioned.

Erwin could not be reached for comment.

This from the Daily Herald.

Doing the Math: Erwin's gracious offer to forego salary

I was exchanging ideas with a source close to district leadership in St Charles yesterday...and made a wish.

I wished that someone in Illinois would calculate the relative benefits of Erwin's "generous" offer to forego her salary - and just accept a few sick days instead. Today my wish was granted in a comment to one of my posts.

As you will recall, Erwin feigned surprise that anyone in St Charles might complain now - 3 years after the fact - about her contract. Of course, she forgot to mention to the Kentucky press that the contract negotiations were deliberately kept secret, which was determined to be a willful violation of the Open Meetings Act by the Kane County State's Attorney. The public only found out about the shenanigans last month.

And they're...hacked off royally.
~

Anonymous said...

"I find it interesting because a contract's a contract," said Erwin, during the Kentucky board meeting. "I don't know why there are issues with it ... I didn't take a raise for three years in lieu of the addition of 85 sick days. Now people are upset about it?"

Is there no one in Kentucky who can see through this lie?

Let's do the math.

Figure that a "normal" work year is 250 days.That means 84 days of sick time epresents 32%. At $195,000 annual salary, those sick days are worth $62,400.

And Erwin says she "did not take a raise for three years." Oh really?

If she got a 10 percent raise, it would be worth $19,500.

It it were 20 percent, it would be $39,000.

Instead, she gets a benefit worth -- on its face -- $$62,000 and we idiots are supposed to believe she did us a favor by forgoing a pay raise?

Of course, the actual value of the sick days benefit is many, many times that much....since it could have been used to vest an Illinois pension.

Funny, how no one mentions that this little perk has since been shut down by the Illinois Legislature, which placed a cap of 15 days/year.

Erwin's unmitigated greed and the blatant coverups by her (few) supporters in St. Charles is compounded by the KBE, which is doing the best ostrich move ever seen.

~
A raise benefits a recipient during the term of the contract. But vestment in the retirement system is a gift that keeps on giving...month after month after month after month...

Anonymous refers to a change in an Illinois law - PA 94-004.

Here's the review...

Confidential sources close to district leadership in St Charles told Kentucky School News and Commentary that the real issue is all about the new law (PA 94-004) and that Erwin wanted 85 days of sick leave credited to her account beginning in 2004, instead of 2005 as called for in her contract (Amendment Two), under some kind of supposed verbal agreement that would have enabled her to vest in the Illinois teacher's retirement system -- an effort that is now lost.

Like all professional school folks, Erwin is covered by the Teachers Retirement System of Illinois, which will grant up to two years of service credit for unused sick leave.

For a number of years, school districts in Illinois took advantage of this by granting an outrageous number of sick days to their superintendents.But a new law, PA 94-004 effectively put a stop to that.

Districts can still grant excessive sick leave to their superintendents, but not without a hefty penalty for doing so.

However, contracts signed before June 1, 2005, which included Erwin’s contract amendment are "grandfathered," When her contract was ratified in June, it probably lost its "grandfathered" status and the district could be required to pay a large penalty for granting her an excessive amount of sick leave.

Potential penalties for the school board are one thing, but there was a big financial incentive for Erwin to vest in the Illinois retirement system - and for that she needed 5 years service credit. Erwin needed the equivalent of two years of service credit, plus three years of employment to be vested at age 62.

Her contract provided for her to receive 85 days of sick leave on July 1, 2005 through July 1, 2008 (85 days X 4 years = 340 days of unused sick leave), but she will not be employed by the district in 2008.

Iin addition to the 15 days of sick leave that all administrators receive each year, Erwin was credited with 170 days of sick leave (85 X 2 = 170 -- July 1, 2005 and July 1, 2006).

Even when she received another 85 days on July 1, 2007, (a good reason not to start her new job in Kentucky on July 1 as the Kentucky Board of Education wanted) she was still short -- she only has 255 days not counting the annual sick leave that all administrators receive.

However, if her account were - somehow - credited with 85 days as of July 1, 2004, she would have at least 340 days of unused sick leave, would reach the magical five years, and would be vested (3 years of employment + two years of unused sick leave service credit = five years).

This story had been circulating as a "rumor" at least since May when Kentucky School News and Commentary published the story. The appearance this week of a memo ordering St Charles Human Resources Director Tony Spahr to add the days starting in 2004 (instead of 2005 as printed in her contract - which is a contract) moves it out of the rumor category.

The memo surfaced this week after the Kane County Chronicle wrote a Freedom of Information Act request and new St Charles Superintendent Donald Schlomann, (who had nothing to hide, and everything to gain by dispatching the Erwin mess) immediately released the document.

That's why folks in St Charles are screaming fraud.

The whole thing stinks; and the memo smells like - evidence.

IF withholding Erwin’s contract from the press was part of an effort to claim 85 sick days starting in 2004 – it apparently ended when the Kane County Chronicle published the contract, which the Herald-Leader did again today.

The contract - which is a contract - says 2005.

Now, SOMEBODY removed Erwin's personnel file from the district and the St Charles police say they will arrest the perpetrator.
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The Kentucky Board of Education doesn't get it. They don't want to.

They are too busy supporting Barbara Erwin - in complete denial.

More Erwin news...and she'd wants you to believe it's all news to her

I've got a brief road trip today, so I'll be a bit late pulling together analysis on today's stories.

Here's the new development and yesterday's newer development for those who may be catching up on the news.

But for now...

The Herald-Leader reports:

Kentucky's new education commissioner is part of a police investigation into a missing personnel file in the St. Charles, Ill., school district where she is the outgoing superintendent. In addition, that district's board of education has been cited for violating open records law when it met in closed session to amend Barbara Erwin's contract. Erwin said she knew nothing about the police investigation because she has been out of the country on vacation for the past few weeks.

If a suspect is identified, he or she would be charged with theft, police said.

Erwin has a four-year contract with the Kentucky board of education and both parties have 90 days to withdraw from the contract. But Keith Travis, chairman of the Kentucky board, said there are no plans to back out because of the St. Charles issues.

"We're interested in her performance in Kentucky," Travis said. "We really think she can do the job and she'll be held accountable while on the job."

Board member Doug Hubbard, who previously expressed concerns about Erwin, also was supportive.

"We've hired her and we're moving forward with her and supporting her as best we can," Hubbard said. "Whatever happened up there in Illinois it seems like it's (more) a problem of the members of the school board, than it's a problem of Dr. Erwin."

Christopher Hansen, a St. Charles school board member, questioned the board's stance.
"That's naive of (them) to say that and that's the same mistake we made," Hansen said

H-L also posted Erwin's disputed contract and the audio from the St Charles board's closed session which produced the Open Meetings violation.

The Kane County Chronicle reports:

In St. Charles, police had little new information on the missing documents, only stating “it was a case that was assigned right away to the investigator, it didn’t go to an officer,” said Public Information Officer Paul McCurtain, emphasizing the importance of the matter.Four senior members of the Human Resources department have known access to the personnel files, while other district officials “could have access” through appropriate channels, said Superintendent Donald Schlomann.“In order to access the files, they would have to do so after hours or they would normally be escorted into that room. Normally there’s nothing in those files unless there’s an oddity you wanted to review,” he said.

The Courier-Journal reports:

St Charles police established a timeframe of when they believe the file went missing, but he would not release that information or say if anyone has been identified as a suspect...If investigators feel there was criminal intent the case will be referred to the district attorney's office. Charges could range from misdemeanor to felony theft.

Erwin says she's "dumbfounded" to learn the file was missing.

The Daily Herald reports yet another post-Erwin Superintendent has Another mess to clean up:

St. Charles schools chief Donald Schlomann has set a 30-day timetable for rebuilding and reorganizing the district's top administrative cabinet after two years of massive turnover.It is expected to be one of Schlomann's first major challenges since he replaced Barbara Erwin as superintendent July 1 and inherited an administrative panel made up of relative newcomers and vacant seats.

Public records show eight of the district's nine highest-ranking officials under the superintendent have resigned, stepped down to a lower position or announced retirement plans since 2005. Four principals left during the same time.

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More later....For now, I'm off to this place...

Daily Herald confirms: Missing records include Erwin's personnel file

Police look into possible theft of Dist. 303 superintendent file

An investigation is under way into the possible theft of outgoing St. Charles schools Superintendent Barbara Erwin’s personnel file.

The confidential document was reported missing Tuesday to police by a district official.

Personnel files typically contain performance reviews, medical records, contracts and application materials, among other items.

An internal search to see if the document was misplaced yielded no results. Police are now investigating.

This from the Daily Herald.

Erwin to Herald-Leader: "I don’t know why people are upset..."

This morning, Kentucky Education Commissioner-select Barbara Erwin told the Herald-Leader that she couldn't understand why there would be a controversy over her contract in Illinois.

..."A contract is a contract," she said.

Hummmm. Let's see.

Maybe, it because the backroom contract dealings were recently found to be a willful violation of the Open Meetings Act by an Illinois state's attorney.

Or maybe, it's because the board's ratification of Erwin's contract, on June 8, 2007, with its provision awarding 85 sick days starting in 2005, was contrary to Illinois law and will likely cost the district.

Or just maybe, its because Human Resources Director Tony Spahr produced a memo that appears to show Erwin's attempt to claim yet another 85 sick days starting in 2004 - which was clearly NOT a part of her contract.

Or just possibly maybe, it's because new Superintendent Donald Scholmann (who has a big mess to clean up in a big hurry) doesn't like it that confidential district files regarding Erwin have come up missing. (A confidential source close to school district leadership in St Charles thinks Erwin's personnel file, where her contract was recently placed -some say to shield it from public view - is among the missing documents.)

So, if a contract is a contract - What do you call it when a superintendent tries to force a subordinate to grant her extra sick days that are NOT in the contract?

Citizens in St Charles are using the word fraud.

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This from Raviya Ismail at the Herald-Leader.

Questions from old job follow new state education commissioner

FRANKFORT --Kentucky’s new education commissioner, appearing at her first Kentucky Board of Education meeting on Wednesday, had little to say about new questions being raised in her former school district in St. Charles, Ill.

Those questions include a police investigation into missing paperwork from the administrative offices of the St. Charles school district, according to a story in the Kane County (Ill.) Chronicle.

At the state school board meeting, Barbara Erwin said she has been out of the country on vacation and knew nothing of the police investigation.

“I have no idea what they’re talking about,” she said.

According to the Kane County newspaper’s Web site, police began investigating after receiving a call from new Superintendent Donald Schlomann.

“The police are investigating the potential removal of documents that are district property that reflect information that is normally kept confidential within the district,” Schlomann told the Chronicle.

The newspaper quoted the school board’s president, Kathleen Howell, as saying that the documents are related to Erwin but that she had “no idea what is missing. We’re not sure if it has been misplaced or what.”

The Kane County newspaper also reported this week about a controversy involving Erwin being awarded 85 sick days for every year of work since 2004 in the St. Charles district. According to the Chronicle, the arrangement was outlined in a February memo Erwin gave to the district’s human resources director.

The newspaper says the memo “appears to be an effort to retroactively apply a 2005 contract amendment to the deal that she signed to become District 303’s superintendent in 2004.”

The Chronicle reports that the amendment gave Erwin 85 sick days’ credit on each July 1 of her contract from 2005 to 2010. It was voted on in closed session April 11, 2005, but was not formally ratified until June 8, 2007.

The newspaper says the school board also has been sanctioned for violating the Open Meetings Act for approving the contract extension in private.

Links to the Chronicle stories: 1, 2.

In Frankfort on Wednesday, Erwin said she didn’t understand why the issue had become controversial. She said that the sick days were outlined in her contract and that she received them instead of a getting a raise for three years.

“I find it interesting because a contract is a contract,” she told the Herald-Leader. “I didn’t take a raise for three years in lieu of 85 sick days. I don’t know why people are upset about it now.”

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Heavy weather

They weren't talking fraud in Frankfort where the Kentucky Board of Education is meeting today. The new commissioner greeted board members with hugs and kisses.

Barbara Erwin's first words to the Kentucky Board of Education this morning will sound prophetic to the folks in WestChiTown.

"I just left Chicago...and there seems to be some weather coming," she said.

She told the board that she has been teaching an Educational Leadership course this week at an Illinois university; that it was wonderful to be Frankfort; that she had visited Mount Sterling; and that she noticed that Kevin Nolan's office of legal services was "a little too far" from hers. "We're going to be really close," Erwin said. (In Scottsdale Arizona, she had a $650,000 close relationship with legal services.)

Then she delivered the obligatory promise that marks successful candidacy in modern school leadership.

"I believe the Commonwealth truly will be the first state that reaches proficiency for all of its children," Erwin said.

There is some evidence to the contrary.
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Yesterday, KDE Communication Director Lisa Gross told Kentucky School News and Commentary that she was "not privy to the specifics of what will be discussed during the closed session" scheduled for later this afternoon, but that "board members have said that they consider [Erwin's] hiring to be a settled issue."