Showing posts sorted by relevance for query Ray and associates. Sort by date Show all posts
Showing posts sorted by relevance for query Ray and associates. Sort by date Show all posts

Saturday, November 10, 2007

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...

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."

Saturday, February 05, 2011

JCPS to Consider Three Firms for Superintendent Search

Ray & Associates on Short List !?

This from Toni Konz at C-J:
Despite pleas for the Jefferson County Board of Education to reverse its decision to fire Superintendent Sheldon Berman, the board is moving forward with plans to replace him and will interview three executive search firms next week to aid them in their quest for a new leader.

One of the three firms the board will interview during a special meeting Wednesday is Ray and Associates of Cedar Rapids, Iowa, which helped the Kentucky Board of Education choose Illinois educator Barbara Erwin as the state’s new education commissioner in 2007, only to have her resign three days before she was to start work following revelations about her background, including that parts of her resume were inaccurate...
Kentucky's experience with Ray & Associates was disappointing to say the least. The state board's decision to conduct a secret search prompted alarm from Mark Hebert and caught the interest of bloggers at KSN&C and the Bluegrass Institute. Vetting by the bloggers revealed a series of resume errors and exaggerations. By contrast, the search firm's confidential files, obtained by KSN&C, revealed a process that was more promotional than critical. Much of the firm's effort involved selling candidates to the board. It didn't turn out well. Following a contentious period of suit and counter suit, KDE settled with Ray & Associates for $25,500, about half of the amount the company was demanding. Kentucky was not the only place things with the search firm went wrong.
Once a firm is selected, Imhoff said it will immediately begin working to develop a process for selecting a superintendent, including recruiting candidates, checking their backgrounds and negotiating a contract.

The three firms being considered are well-known across the country, and two have prior connections to Kentucky.

Ray and Associates was hired by the Kentucky Board of Education in 2007, but after Erwin resigned, state board members criticized Ray and Associates for not vetting her more closely and not informing them of them of her troubled reputation in previous school districts, including allegations that she had run roughshod over teachers and administrators when she was a superintendent in Texas, Arizona and Illinois. Ray and Associates countered that the firm did its job, saying they checked everything they were asked to check.

Greenwood/Asher & Associates also has prior experience in Kentucky. The Kentucky Council on Postsecondary Education hired the firm in 2008 to help search for its new president, which resulted in the hiring of Robert King.

Greenwood showed weaknesses similar to those of Ray & Associates when it failed to discover to creationist writings of Commissioner finalist Dennis Cheek. The revelations made public by KSN&C about Dennis Cheek should never have been news to the board, or the Greenwood, but they were. Fortunately, by that time, the board of education was listening and Cheek was not selected.
The Kentucky Board of Education also hired the firm in 2009 to search for an education commissioner, which resulted in the hiring of Terry Holliday. And the University of Kentucky recently hired the firm to help find a replacement for president Lee Todd, who is leaving when his contract expires in June.

Imhoff said he’s not sure how much hiring a search firm will cost the district.

“We don’t have a budget on how much to spend,” he said. “Whether we hire a firm will depend on whether we feel they are a good fit and whether their cost is reasonable.”

Thomas Jacobson, the owner and chief executive officer of McPherson and Jacobson, said his firm has aided in more than 400 superintendent and executive searches in the past 20 years, for both small and large school districts.

“There are two things that distinguish us from other firms,” he said. “The first thing is that we believe in a very transparent search process with a high involvement of stakeholders. The other thing is that everyone who works for us has been or is involved with public education.”

Jacobson said his firm prides itself of properly vetting all candidates — both those who are recruited and those who apply for the job independently.

“We have an extensive process of vetting candidates,” he said. “It’s a very important part of the process.”

Calls made Friday to Gary Ray, president of Ray and Associates, and Jan Greenwood, president and chief executive officer of Greenwood/Asher, were not returned.
The lesson from all of this is that search firms can not be trusted to thoroughly vet candidates. Boards may need a firm to handle screening and making arrangements for interviews, etc., but in the end, the board must vet the candidates on their own. The Board can not outsource its responsibility to the public.

Saturday, March 15, 2008

Yet Another Unsatisfied Ray and Associates Customer

Now, stop me if you've heard this one before...

...but there is yet another school board out there feeling just a little burned by the advice they received from Ray & Associates - the same search firm whose assurances lead Kentucky's Board of Education down the primrose path with Barbara Erwin. The same firm being sued by the state of Kentucky. (Backstory)
In Loveland Colorado Board member Marcia Venzke said Ray and Associates asked the members “to have a straw vote right off the bat,” which she did not favor.

On Wednesday, Venzke said, “It wasn’t really a straw vote. It was a forced matrix ... you compared one person to the other, like No. 1 compared to No. 2 — would you pick 1 or 2?”

Ray and Associates asked board members to do that for the semifinalists and finalists, Venzke said.
Following that advice did at least two things: It divided the board members and it broke Colorado's Open Meetings law. Now attorney's and the public are pouring over 12 hours of audio tape. (available at the Reporter-Herald)
“It became obvious how we voted,” Venzke said. “When people are advocating for who they believe will be the best candidate, it doesn’t take a rocket scientist to count up where people are.”
Any discussion behind closed doors of a specific vote, a straw poll, or a concensus would be illegal under the Colorado Open Meetings Law.

This from the Reporter-Herald:
[School District Board of Education member Karen Stockley] and several other board members said that although they did not want to make a scapegoat out of the national executive search firm they hired, they do believe some of the problems sprang from the way the firm handled the interview and decision process.

“I personally feel we were misled” by Ray and Associates, the Iowa-based search firm, Stockley said. “We put a lot of trust in them. ... We were following the process they put in front of us, and I would assume they’ve been doing this for many years. I can’t imagine the laws are that much different from Colorado’s.”

Board treasurer Lola Johnson said that at the start of the superintendent search, board members felt the only way they could do a successful search was to hire an outside company because no one on the board had any experience in hiring a superintendent.

“There were times when (Ray and Associates) led us down the wrong path,” Johnson said.

“They told us some things had to be confidential because candidates had not told their employers they were applying. ... I was uncomfortable and questioned it all along. It’s gotten us into a situation we didn’t expect, and we all feel badly.”

Stockley agreed. “It’s frustrating that we are accused of doing illegal things when we spent so many hours away from our lives and our families to do something we thought was great for the district,” she said...
And this:
...The tapes reveal that board members or representatives of Ray and Associates may have contacted Cabrera and Zila by phone more than once before the Feb. 24 meeting to discuss the logistics of their split vote. Of concern was whether either candidate would take the position, knowing that several board members would be voting against him.

“We were trying to determine if the candidates knew not everyone was in favor of them,” Steiner said Wednesday. “We worked with Ray and Associates, and followed a process that I don’t know was the best process.”

Platt said that legally, any discussion regarding applicants for public employment needs to be held in public session.

“Discussions regarding applicants for public employment are not among those permitted to be held in executive session,” Platt said. “As a result, this discussion and these phone calls needed to occur in open session.” ...

Friday, June 08, 2007

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

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

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

It accentuates the positive and eliminates the negative.

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

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

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

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


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


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


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


The Ray & Associates Website describes their process this way:

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

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

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

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

KSN&C: Sure, well...

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

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

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

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

(We exchanged contact information)

Ray: Have you spoken with her?

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

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

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

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

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

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

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

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


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


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

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


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

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


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

looks like ERROR #7

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

Saturday, July 28, 2007

C-J's take on Erwin Selection Process: Criticism flies over school chief selection

A terrific article from Antoinette Konz in today's Courier-Journal:
~
Barbara Erwin's resignation just days before she was to take over as Kentucky education commissioner was the capstone to what critics say was a botched search that should have eliminated the controversial superintendent long before she was offered the job.

The Iowa search firm hired by the Kentucky Board of Education to produce a list of candidates should have vetted Erwin more closely and targeted problems more quickly, the critics argue.

And they say board members failed to do their job, ignoring concerns raised by the media and the public over Erwin's resume, which contained an award she hadn't won and a presentation she never made, and her reputation for running roughshod over teachers and administrators when she was a superintendent in Texas, Arizona and Illinois.

"There is no shortage of places where it went wrong," said Bob Sexton, executive director of the Prichard Committee for Academic Excellence. "The board found out all sorts of things about Erwin too late. But in the end, it was the board's responsibility to make sure that the best person for the job was named commissioner, and that didn't happen."

The board's chairman, Keith Travis, acknowledges mistakes but says the search firm, Ray and Associates, failed to inform the board promptly of Erwin's reputation and dismissed her resume errors as "minor."

"If we had known, I think the board would have taken a different approach," Travis said.

Ray officials counter that the firm did its job, checking everything it was asked to check.

"Our reputation is on the line here. We feel we conducted a solid search, brought them good candidates and they made a choice," said William Newman, national executive director of Ray and Associates.

The cost to taxpayers?

More than $50,000 for a failed search, and the prospect of months more without a permanent commissioner, whose job is to oversee the state Department of Education and implement policies for the state's public schools and their 660,000 students.


Board chooses search firm


The hunt for a new education commissioner began last September when Gene Wilhoit announced he was resigning to become executive director of the Council of Chief State School Officers, a Washington-based education advocacy group.

The school board interviewed three search firms, settling in December on Ray and Associates, which specializes in searching for school executive leadership and has been recognized as one of the top search firms in the county by The School Administrator, a publication of the American Association of School Administrators.

The contract with Ray called for the firm to identify suitable candidates and screen their qualifications and eligibility. The firm also was to meet with the board's search committee, prepare written recommendations and evaluations for each candidate and "assist the board with a statement of qualifications that the candidates will be expected to meet," according to a copy of the contract obtained by The Courier-Journal through an open-records request.

The board agreed to pay Ray a base fee of $32,000, plus expenses and fees, not to exceed a total of $50,000.

The board also appointed five of its members to a search committee, naming Bonnie Lash Freeman of Louisville as chairwoman.

Newman said Ray and Associates gave the search committee files on 20 to 30 potential candidates in mid-March. On March 28, the committee met in closed session to review those applications and discuss interview questions for the semifinalists.

The files given to the search committee consisted of each candidate's application, resume, letters of reference and a summary report written by the firm, Newman said, with the summary based on interviews conducted with "various sources."

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, according to a copy obtained by The Courier-Journal through an open-records request.

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."

"Any time you are in a top position, you will have people who will support you and you will have people who oppose and criticize you," he said.

The search committee privately interviewed five semifinalists on April 1-3, and then narrowed the field to three finalists. The finalists were brought to Bowling Green April 15-16 to interview with the full board.

The finalists' names were not initially released to the public.

Gov. Ernie Fletcher wrote to the board on April 17 asking it to release the names, and the board complied that day.

Travis said the board had planned on releasing the names all along.

"We just wanted to interview the finalists first and make sure that we still wanted to consider them," he said. "We didn't see a point of naming them when we hadn't even met or interviewed them."

The finalists were Richard La Pointe, deputy assistant secretary for the U.S. Department of Education Office of Vocational and Adult Education; Mitchell Chester, senior associate state superintendent with the Ohio Department of Education; and Erwin, superintendent at St. Charles, Ill.


Criticism starts to emerge

With the finalists named, Freeman said the board waited several days for public feedback.

That's when it began to hear criticism of Erwin, she said -- some questioning her leadership style in Scottsdale, Ariz., others raising concerns about her tenure in Texas. Freeman said she couldn't remember the specifics. (KSN&C sent brief candidate summary to KBE on April 24 which - KDE's Lisa Gross confirmed - was read and discussed before the board voted.)

"We began receiving all sorts of phone calls and e-mails about the candidates," Freeman said. "Some of it was good; some of it was bad. I forwarded the concerns to the search firm and asked them to look into those things."

Newman said his firm looked into the claims by calling people who knew of Erwin's tenure as a superintendent in Allen, Texas, and Scottsdale.

In a follow-up report given to the board -- obtained by The Courier Journal through an open-records request -- the firm said it had spoken to Worley Stein, a former school board member and board president in Allen, who said "there is absolutely no truth to the negative claims regarding Barbara Erwin's tenure of the district."

No other person was mentioned or interviewed in the Texas follow-up.

Newman said the firm was not able to contact Nancy Cantor, a woman who had criticized Erwin's tenure in Scottsdale. Newman said he spoke with David Goldstaub, a former school board president who was familiar with Cantor.

"We were advised to disregard whatever she (Cantor) says because, inexplicably, she had it in for Dr. Erwin, along with a few of her friends," the follow-up report said.

Cantor could not be reached for comment.


Erwin named top choice

On April 25, the Kentucky Department of Education sent out a news release saying board members had reached a consensus, based on their interviews.

"The board is very pleased to identify Barbara Erwin as its top candidate," Travis said in the release, adding that the board was "most appreciative of the professional services provided by Ray and Associates."

In a recent interview, Travis said the board selected Erwin as its top choice because of her self-confidence and aggressiveness.

"She interviewed extremely well," Travis said. "We looked at the numbers (data) she presented, and it showed that she took large school districts from (scoring at) an average level to a higher level of performance in a very short period of time."

But within days, newspapers around Kentucky began publishing stories detailing Erwin's troubles in her previous jobs.

For example, Eric Kurland and Bob Bernier, the president and vice president of the Scottsdale Teachers Association, told The Courier-Journal in a story published April 26 that Erwin did not work well with teachers and "ruled by intimidation." Kurland said that during Erwin's tenure, the Scottsdale district lost a lot of good teachers, principals and administrators.

"She was like a cancer. She took the life out of our district," Kurland said in the story. "We are now just starting to recover."

Erwin never responded to the claims made by Kurland and Bernier.

On May 1, The Courier-Journal reported that Erwin's resume contained an award she didn't win. The resume she gave the state Board of Education stated that she was named Texas superintendent of the year in 1997 and 1998. But the agency that gave her the award, the Texas Association of School Boards, said she received the top honor only once, in 1997. (First confirmed by Richard Innes at the Bluegrass Institute)

Erwin acknowledged the mistake but said it was simply a "typo."

Travis said the newspaper reports caught board members by surprise. He said he and other board members expected Ray and Associates to alert them to "some of the issues that may have existed with the candidates."

"It would have been nice to know if there was any controversy so that we could have addressed it in the initial interview," he said.

Freeman agreed.

"We wanted a balanced view on what each of the candidates were about, and we really didn't get that," she said.

In response to the news reports, Freeman said she had the search firm check out the errors on Erwin's resume and the firm "admitted there were items they missed and went back to her and asked her for a clarification."

Newman said the search firm checked the inaccuracies and decided they were "minor."

"We took those things very seriously and looked into them, but in the end we felt they were more like misunderstandings," Newman said.


Board looks into concerns


The board decided to continue pursuing Erwin for the job, announcing it would hold a meeting at its annual retreat to ratify an employment contract.

But by that time, board member Doug Hubbard of Bardstown had changed his mind, calling for Erwin to withdraw because of growing concerns about her background. Hubbard said her credibility was suspect.

"The last nine days have been one revelation after another revelation, and I think there is a perception that she cannot overcome," Hubbard told The Courier-Journal in an article published May 5.

The rest of the board continued to support Erwin, with Travis stating publicly that she remained the best candidate.

"I haven't seen any evidence that changes my mind," Travis told the newspaper.

During its May 9 retreat in Bowling Green, the board called an executive session to talk with Erwin about some of the issues that had been raised.

"We went over a lot of the concerns that had been raised, item by item," Travis said in a recent interview. "It was a very stressful, challenging time. She brought in documentation and files with her and answered our questions to the satisfaction of the board at that time."

During a break in its four-hour executive session, the board was informed by The Courier-Journal that Erwin's resume contained a second mistake -- listing a presentation she hadn't made. (KDE, the Courier-Journal, the Herald-Leader and WHAS TV had been informed of the error by Kentucky School News and Commentary during the meeting!)

The resume said Erwin had conducted presentations on school improvement, Advanced Placement and superintendent search processes in 2004 and 2006 during the Illinois Association of School Boards Triple I Conference in Chicago. But an official with the association said Erwin wasn't listed as a presenter for the 2006 conference.

But when board members reopened the meeting, they voted 10-0 to approve a four-year contract with Erwin. Hubbard was traveling and couldn't vote.

Freeman said the board decided to give Erwin the benefit of the doubt and agreed to pay her a base salary of $220,000.

"We felt comfortable with the items and materials she brought in to justify the inaccuracies," Freeman said.


More problems revealed

In June, more inaccuracies on Erwin's resume became public, including an error in the number of years she served on the board of directors for the Scottsdale Chamber of Commerce. Her resume also listed her membership on the executive board of the American Association of School Administrators from 1991 to 2000, when she was actually a member of the association's executive committee from 1999 to 2002. (Discovered by the Bluegrass Institute)

In addition, Erwin said in her application for the commissioner job that she had never been involved with pending litigation. However, Erwin was named a defendant in a court case filed in U.S. District Court in Phoenix in 2004. (Also discovered by KSN&C.)

Christine Schild accused Erwin and lawyers for the Scottsdale Unified School District of violating her right First Amendment rights by preventing her from speaking on some agenda items at school board meetings. A federal judge dismissed the case; Schild eventually was elected to the school board.

In June, the Illinois state attorney's office cited the St. Charles school board for violating the open meetings act when it met in private on April 11 to vote to give Erwin an additional 85 sick days for every year of her contract since 2005.

Travis and Freeman said the Kentucky board did not become aware of the additional concerns until after they were published in newspapers.

"It seemed like the longer people dug, the more problems that were found," Freeman said. (Incluidng possible fraud.)

Then on July 11, the same day Erwin attended her first board meeting in Frankfort as Kentucky's commissioner-select, The Courier-Journal and other media outlets reported that Illinois police were investigating the disappearance of Erwin's personnel file, which was reported missing July 3 from the St. Charles school district. The investigation is continuing.

Newman said his firm did not know about the missing file until it was reported in the media. But Travis said it was the "icing on the cake."

On July 13, Travis said he spoke to Erwin in the morning about board concerns about her past and that she might not be able to do her job because she would be "so immersed in other issues."

A few hours later, Erwin submitted her letter of resignation, just three days before she was to begin her new job, citing "overwhelming and acute scrutiny" and "continued noise by the media."


Critics, board assess blame

With Erwin's resignation, critics more vigorously questioned whether the school board had failed to properly check out its choice, while board members began pointing fingers at the search firm.

Richard Day, a former Kentucky principal and an education instructor at the University of Kentucky and Georgetown College, blogged frequently about the flawed search process.

"I believe it was perfectly proper for the board to get a firm to assist in the search, but they should have done their own diligence once it got down to the final candidates," Day said. "Even after she was named, there was a quantity of folks out there who were telling them about all these problems surrounding her, but they did not want to listen."

Hubbard said the search firm was partly to blame, and he has called on Ray and Associates to refund the money it was paid. But he also criticized the board leadership, which he said allowed Erwin to be selected.

"We have had a completely chaotic situation for almost 90 days and we need someone to get us out," Hubbard said in an interview. "If the current leadership led us into this problem, we may need someone else to get us out."

Freeman said she does not blame Travis for what happened.

"We expected to get all of the information (about the candidates) from the search firm," she said. "If we had gotten all of the information from the firm, we would have never named (Erwin). We would have named someone else."

Travis said he accepts responsibility for the "circumstances we engaged in," but said he doesn't believe it was the state board's job to double-check resumes and references.

"That was what we paid the search firm to do," he said. "I expected that the further a candidate goes in the process, the more scrutiny there should be. That includes credit history, education verification and, obviously, looking at the resume and making sure that everything checks out."

Newman agreed that that is the search firm's responsibility, and he believes his firm met that duty. He said his firm does not give refunds, but he offered a two-year guarantee and promised to assist the board "in any way we can to help them find the best candidate for the job."

That isn't likely, Travis said. The board's preference is "not to use that firm again."

~

Erwin Timeline from KSN&C provides evidence that disputes some KBE claims.

~
The State board meets at 10AM today in Frankfort,

Saturday, March 08, 2008

Ray and Associates: Business as Usual in Washington

This from the Tachoma News Tribune:
Same firm, but better results expected

They called consultant Jim Huge “Dr. Huge.”

He isn’t.

They described Charlie Milligan as someone who gets involved in the community.

He didn’t.

They told the School Board they’re “100 percent successful” in their searches.

They aren’t.

The record and the reputation of Ray and Associates and its headhunters are considered stellar in some school districts. In others, the company’s work led to dissatisfaction and at least one lawsuit.

The News Tribune examined the company’s proposal to conduct a superintendent search for the Tacoma School District this year, the work it did for the district two years ago and its record with other districts, and found:

• The company’s application for the Tacoma job listed “Dr. Jim Huge” as the regional associate who would work on the search. Huge doesn’t have a doctorate and says he’s never claimed one. “If they did that, they were just trying to be nice to me,” he said.

• The confidential report prepared by the firm on Milligan before his hire two years ago said this: “When Dr. Milligan moves into a community, he moves in completely. … His visibility both in the school district and with the public makes him a very strong public relations force for the district.” His record in Tacoma was quite the opposite: He snubbed community groups, warred with the media and sparred with the teachers union. Board members cited his poor community relations when they fired him last June.

• Reports obtained through an open-records request showed overwhelmingly positive dossiers on four candidates for the Tacoma superintendent job in 2006. The reports, prepared by Ray and Associates, gave no mention of negative traits or criticisms on any of the applicants, including Milligan.

• Ray and Associates and the Kentucky Board of Education are locked in a lawsuit over a search for the state education commissioner last year. President Gary Ray says his company provided a viable candidate and that the board hired its top choice. The state says the company did shoddy work, didn’t catch inaccuracies in the candidate’s résumé and shouldn’t be paid for a botched search, court records show.
The company defines success as providing applicants worthy of hire.

“We stay with them until the board is satisfied,” Ray said. “We’ve always been able to find somebody who’s approved by the board.”

He admits candidates sometimes don’t work out.

“Every once in awhile, somebody stubs their toe,” he said. “It’s not a perfect science, but we do the very best we can” to find candidates who will be successful and fit into a community, he added.
He thought the company had done that in the Milligan search.

“It was a situation where the board thought they’d found a match,” Ray said...

Saturday, September 13, 2008

Ray & Associates Hooked up John Deasy, School Board to Investigate

Turns out our old friends at Ray & Associates conducted the background check on Prince Georges County Superintendent John Deasy and failed to uncover the doubtful nature of his doctorate.

KSN&C readers will recall that it was Ray & Associates who failed to uncover numerous fantasies on Barbara Erwin's resume during Kentucky's search for an Education Commissioner. That failure led to a refusal by the Kentucky Board of Education to make payment to Ray & Associates and subsequent legal action between the parties.

Does this sound familiar?

Beatrice P. Tignor, who served as [Prince Georges] county school board chairwoman during the hiring process for Deasy, said Ray and Associates, an Iowa-based educational search firm, completed a thorough investigation of Deasy's background, which drew no red flags for board members. "We had good references, good reference checks. His academic background, there didn't appear to be anything wrong with it," Tignor said.
Ray & Associates' work in the Erwin Debacle was sufficiently shoddy that I would love to blame them for this screw up as well. But I can't. I don't see how the search firm can be held responsible for this one. When a university verifies degree attainment...it's on them. That fault, unfortunately, lies with Uof L - Rober Felner, those who knowingly signed off on the degree short cut, and John Deasy himself.

The folks in Maryland seem to be in a tough spot...but they have some wiggle room.

The good news is that while Prince Georges County wanted someone with a doctorate, the only actual requirement was a Master's Degree, which Deasy has. Plus, the folks in Maryland seem to be happy with Deasy's work. If that's the case, perhaps they will renegotiate Deasy's contract, have him drop the title, "Doctor" and lose the Ph. D. designation. Perhaps they will even send him back to school.

But if Prince Georges County sets the highest standards possible - if they are concerned that any false claims against their superintendent might undermine student confidence - and if there are enough unimpressed folks in Maryland; it could go another way.

After all, Deasy is following superintendent Andre J. Hornsby, who was convicted of wire fraud, witness and evidence tampering, and obstruction of justice (FBI surveilance video). It would not be shocking if the Prince Georges County Board wanted to avoid any appearance of wrongdoing and chose to try again.

This from the Gazette (MD):



Questions raised over Deasy's degree
School officials say superintendent completed all requirements for doctorate


The Prince George's County school board plans to investigate questions raised about a doctoral degree that Superintendent John E. Deasy received after attending just one semester at the University of Louisville in Kentucky.

However, board chairman Verjeana M. Jacobs (At-large) urged the public not to jump to conclusions. "I think we have an obligation to look into it, but we're also going to give Dr. Deasy an opportunity to address the board about it," Jacobs said Wednesday.

The Courier-Journal of Louisville, Ky., reported Tuesday that Deasy was awarded a doctorate of philosophy at the university in 2004, even though he only completed nine credit hours at the school.

The school's dean at the time was Robert Felner, who resigned in June and is currently under investigation for allegedly misappropriating a $649,000 grant. Felner reportedly oversaw Deasy's doctoral dissertation.

Two years before Deasy received the doctorate, the school district he led, Santa Monica-Malibu Unified School District in California, awarded a contract to Felner's
organization, the National Center on Public Education and Social Policy, to conduct surveys in Deasy's school district for $125,000 per year, the newspaper reported.
Officials from the Santa Monica-Malibu Unified School District did not confirm the details of the contract by press time.

Felner's attorney, Scott C. Cox, declined to comment when reached Wednesday.

John White, a county schools spokesman, denied any wrongdoing. "The superintendent met the requirements of the university, submitted all the information requested of him.

The university approved it and awarded his doctorate," White said. "If there's any question about process, I'm sure the university can explain their process. They awarded his doctorate based on completing the requirements."

Jacobs said Deasy was expected to discuss the issue at a previously scheduled board
meeting Thursday.

A University of Louisville spokesman declined to comment at press time.

According to Deasy's resume, he earned his doctorate at the University of Louisville in 2004, completed 30 credits beyond his master's in education administration and policy studies at the University of New York in 1994, and earned a master's in education administration from Providence College in 1987.

The University of Louisville's registrar's office confirmed that Deasy attended one semester at the school in spring 2004. His doctorate was conferred May 8, 2004.
White said Deasy also earned 44 credits from the University of Rhode Island.
According to the university's Web site, there is no set number of credits that doctor of philosophy candidates are required to obtain; however, it has been "customary to consider the equivalent of three years of full-time graduate study as minimal."

According to the university's academic catalog, transfer credits from other universities are usually limited to six credits, or about two courses, and apply only for students who earn a "B" grade or better. The university allows an additional six credits to be transferred if a department official approves.

University of Rhode Island enrollment officials confirmed that Deasy completed 17 credit hours from 1999 to 2002, but said he also participated in a joint doctoral program with the neighboring Rhode Island College. Rhode Island College's academic records office confirmed that Deasy took courses there between the fall of 1997 and spring of 2004, but would not say how many credits he completed, citing confidentiality rules.

A records official with the University at Albany, State University of New York, said Deasy was enrolled there from August 1991 through May 1993, but was unable to say how many courses were completed or if any were for postgraduate work.

Beatrice P. Tignor, who served as county school board chairwoman during the hiring process for Deasy, said Ray and Associates, an Iowa-based educational search firm, completed a thorough investigation of Deasy's background, which drew no red flags for board members.

"We had good references, good reference checks. His academic background, there didn't appear to be anything wrong with it," Tignor said.

Jacobs said she did not want to see the issue have a negative impact on Prince George's students.

"I guess my general reaction is, at a time when our school district is trying to make
strides in the right direction, certainly it's not something that we need or want to have come forward," Jacobs said.

Deasy replaced Andre J. Hornsby, who resigned in May 2005 amid an FBI investigation into his deals with school vendors. Hornsby was later convicted of wire fraud, witness and evidence tampering, and obstruction of justice.

The three superintendents prior to Hornsby each led the county school system for about four years.

In Deasy's first two years as county superintendent, he has been widely praised and
credited with improvements in Prince George's academic performance.

More from the Washington Post:

Deasy's annual evaluation will be completed in mid-October, said board member Linda Thornton Thomas (District 4). Thomas would not go into much detail, noting
that the evaluation is "a personnel matter." But she said she had questions about the school system's communications with the public as well as a consortium Deasy formed to oversee county high schools.

"I did not see last year how [the consortium] actually made a change," Thomas said. "I don't see, even right now, the plans for anything different."

In its last formal evaluation, issued in July 2007, the board gave Deasy a $16,666 performance bonus and a 5 percent raise, which pushed his annual base salary to $273,000. A statement issued by the school system said that Deasy had received an overall score of 4.46, on a 5-point scale, in a rating of 106 indicators.

Meanwhile in Wisconsin, this from the Journal Sentinel:

Folks at the University of Wisconsin system must grow more thankful every day that their No. 1 pick for UW-Parkside chancellor never actually made it to Wisconsin.

Friday, August 10, 2007

C-J dreams a little dream in today's editorial

Today's C-J editorial on the Kentucky school board correctly sees the Travis ouster as atonement for past failures, but not full accountability.

Accountability is a dream of things not to come.

But, somebody had to pay.

And all evidence suggests that Travis deserved what he got.

When information about Commissioner candidate Barbara Erwin came out, and piled up, Travis did his best to ignore it and wish it away. His leadership was to tell the rest of the board to believe the search firm's "sales job" and it would all be OK. As Joe Brothers correctly points out - they all bought it; they all own it.

The whole bunch, with the possible exception of Doug Hubbard, ought to have resigned - or been fired by any governor who valued integrity, competence in public office, and accountability when that competence was proven to be lacking.

Travis lost his leadership spot because somebody had to pay.

All things considered, the board's 10-1 vote probably takes some heat off the rest of the board members. By ousting Travis, maybe folks will quit calling for the rest of the board to quit as the Herald-Leader did recently.

The thing about Ray & Associates

When things go badly, it's good to keep ones head. I can fully understand the board's current notion of running as far away from Ray & Associates as possible. Once burned; twice shy.

But any search requires a lot of grunt work. Advertising. Correspondence. Compiling. Scheduling. Ray & Associates says they have a no refund policy on the botched search - but they guarantee two-years of continued assistance for boards that are unhappy with the results and promise to help "in any way we can to help them find the best candidate for the job."

The board of education needs many of the services a search firm can provide right now, and maybe that's one way Ray & Associates can repay Kentucky.

I think we should use them. I just don't think we should trust them.

Once candidates have been organized, paperwork collected and interviews scheduled...Ray & Associates should be thanked and sent away - while the board conducts a real investigation.

You don't outsource judgment.

A new Commissioner

I love the fact that the Chairman Brothers held discussions of the process and timeline the board would follow in hiring a new commissioner in open session yesterday. That's good leadership and a big step in the right direction. I hope it signals a return to the required public openness on the part of the board.

I'm much less thrilled by the timeline itself.

In the school business there is a hiring season - and this isn't it.

We don't need a commissioner quickly so much as we need a commissioner who is excellent. All of the top folks who were considering moves this past year are presently geared up for the start of the new school year wherever they are. The folks who are ready to change positions in October are largely leftovers. Any superstars who were willing to move have already done so.

In January, the political picture in Kentucky will be a settled issue and there will be a whole new crop of potential candidates who are looking ahead to the next year. To the extent Kentucky's leaders, including the board of education, can convince candidates that Kentucky is still a great place to be, that crop will be improved. That's the time to start anew.

Evidence suggests that the governor will use all of this term to do what he started out doing - placing Republicans in state positions. The thought that his appointees will resign in January - if the polls hold true and Beshear is elected governor - may be what C-J wants, but that's a dream that won't come true. Public accountability is for school folks - not the board of education.

I've got an alternative idea. If board members are not going to hold themselves accountable, can the members of the search committee at least give back the plaques they were awarded by Travis in June for the outstanding job they did in selecting Erwin?

The Board of Education at 30,000 feet

A few years ago, every school leadership conversation began with someone saying we had to get the right people "on the bus." This was a theme from Jim Collins' bestselling book, Good to Great. Unfortunately the idea was being used by some folks that weren't even good yet. Too frequently it was the leader that needed to be thrown under the bus. But, I digress.

I was amused by the conversation at the June board of education meeting when one member asserted to the group that he was operating at 30,000 feet. Not having been in required pubic school professional development sessions for a few years, I hadn't heard this one used quite this way before.

But, I get it. State board of education members should look at the big picture. Babysit the process, not the projects (As Harvard Business Review was reporting in 2003). Leave the details to the professionals (in other words, don't bug the staff). It caught my attention because the board chair in St Charles, Illinois (Barbara Erwin's prior school district) was using the same language at the same time. It made me wonder if Barbara Erwin imported this reconstruction.

I chuckled again as the next speaker said she was operating at 35,000 feet.

Uh oh. The competition was on. She talked about big picture issues and assured the group that she was on-board.

A few minutes later a third member came in at 40,000 feet and I laughed out loud.

But the competition ended when a vendor told the board that his view was from 100,000 feet. Smiles faded as members began to realize the newest cliche had just run its course.

Look. The idea of maintaining a leadership perspective that focuses more on process than projects is the right way to go. And if thinking one is in an airplane while doing it helps - fine. But let's not forget the little dots on the ground...the ones we can't quite make out. Those are the students who must be cared for, and that means they must be seen. The mile high club notwithstanding, I don't think love works very well when one loses sight of their beloved.

And the particular sin in the failed commissioner search was the board's steadfast refusal to look into the detailed evidence presented them. That's where the devil was. The business literature argues that management needs to be attentive and flexible, ready to swoop in at the first sign of real trouble.

Somebody forgot that part of the equation.

~
This from the Courier-Journal:

Old faces, new seats

Two things come to mind in the aftermath of the Kentucky Board of Education's vote to sack its chairman, Keith Travis.

First, given that Mr. Travis cast the only vote for his retention in a 10-1 rout, he may not have been any better at assessing his political strength with his colleagues than he was in conducting a search for a new state education commissioner.

That exercise was a debacle from start to finish.

The Iowa search firm retained to screen and recommend candidates, Ray and Associates, failed to examine the record of Illinois educator Barbara Erwin carefully enough to illuminate her troubling and controversial professional background.

That fumble was compounded by the board's unwillingness simply to cut bait.

Instead, it forged ahead and hired Ms. Erwin despite false claims in her résumé and allegations that she ran roughshod over teachers and administrators in three states where she served. The appointment unraveled just three days before she was to start work, after her personnel file mysteriously went missing.

Second, however, the board's decision to put itself under new leadership and to acknowledge how badly it botched the search is better than what might reasonably have been expected.

In other places and at other times, the board's vote could be dismissed as a case of very little, very late. But this is the Frankfort of Gov. Ernie Fletcher, and the board members are his appointees. Gov. Fletcher's administration was investigated for criminal acts in the merit-system scandal, and only a blanket gubernatorial pardon averted multiple prosecutions. Yet, the Governor sees himself as an innocent victim.

Given that context, the school board's action seems a vigorous act of accountability.

That said, Mr. Travis' replacement should make Kentuckians feel slightly better only about the past -- not about what lies ahead.

The board and its new chairman, Joe Brothers of Elizabethtown, are still committed to hiring a new education commissioner.

The Erwin debacle cannot be blamed entirely on Mr. Travis. Other board members could have asserted themselves and reopened the search for a better candidate. Mr. Brothers properly acknowledges that the entire board must take responsibility for voting to bring Ms. Erwin to Kentucky.

It's hard to feel confident that this same group can do a better job the second time around.

A better course would be to recognize that a gubernatorial election looms.

If the voters decide to give Gov. Fletcher a second term, then there can't be serious quarrel with allowing his appointees to choose a new education commissioner. But if his Democratic rival, Steve Beshear, is elected, the new governor should have a major role in filling such a key position.

Such an outcome would require more than just Mr. Beshear's victory. It would also take the resignations of at least a majority of the board, so that Mr. Beshear could replace them.

That would not be Kentucky politics as usual, to be sure. But it would be real accountability -- and it would be an act for the common good.

Tuesday, July 31, 2007

C-J Editorial on Commish search

Some interim good news

The good news is that the state Board of Education has decided to keep interim education commission Kevin Noland in that post, and he appears willing to stay.

Mr. Noland has the kind of deep knowledge and sensitive touch that comes with years of experience. He also enjoys the confidence of a wide group within the state Department of Education, where he has a long record of fine service.

It was a mistake to hurry the selection of a new commissioner to replace Gene Wilhoit, during a gubernatorial election year. The best candidates do not rush into rooms where it's unclear who is in charge. The commissioner reports to the board, not the governor, but most chief executives pursue an education agenda of their own. Where a governor stands tells a commissioner a lot about where he or she can go.

A board full of Gov. Ernie Fletcher's appointees obviously has not distinguished itself in the matter of replacing Mr. Wilhoit. It was responsible for finding and choosing the best candidate, and that clearly wasn't Barbara Erwin, who got the board's nod but then withdrew, scant days before she was supposed to take over.

It's hard to know whether the board was too stubborn or too enamored with its own insight, but it clearly failed.

However, chairman Keith Travis is right to criticize the search firm it used. The company's national executive director, William Newman, said Ray and Associates "brought them good candidates, and they made a choice."

Wrong.

Clearly Ms. Erwin was not a good candidate. Her career had left a trail of unhappy people behind, and her résumé contained significant errors.

Ray and Associates has been recognized in a national school administrator publication as one of the country's top search firms. It's hard to know whether this says more about the American Association of School Administrators or Ray and Associates' competitors.

This from the Courier-Journal.

Wednesday, March 11, 2009

Old Business: KBE Settles Suit, FCPS Testing Allegation Resolved

A couple of old stories quietly wrapped up recently.


KDE Settles Suit with Ray & Associates

While we await the naming of the new search firm to help the board of education find Kentucky's next education commissioner...

You will recall that the state refused to pay bills submitted by Ray and Associates of Cedar Rapids, Iowa, the consulting firm that conducted a failed education commissioner search that produced Barbara Erwin.

State officials said the consulting firm conducted an "unsuccessful and discredited search" marred by a lack of thoroughness and accuracy in checking the candidates' backgrounds.

Former interim Commissioner Kevin Noland wrote to Ray & Associates President Gary Ray, noting the Board's initial payment of $15,030.44 but withholding the $33,734.77 balance.

According to KDE spokesperson Lisa Gross, late last year, KDE "settled with the company for $25,500, which is actually less than was owed to the group. This amount was agreed upon by both KDE and Ray & Associates."


FCPS Testing Allegation Upheld, Resolved

One spin off of the testing allegations brought against former Booker T Washington Academy Principal Peggy Petrilli involved an allegation being made against a FCPS director.

District Director, Fabio Zuluaga reportedly came into a classroom minutes after students completed the day's testing and began looking through student test booklets. The classroom teacher reportedly advised Zuluaga that it was a violation of testing protocols but according to the report, Zuluaga stated that he was “checking for completion” and continued to look through the booklets.

FCPS did not respond to a KSN&C request to address the accuracy of this report.

The teacher reported the event to the Building Assessment Coordinator who reported it to the District Assessment Coordinator. The district reported the violation to the state.

According to Lisa Gross, KDE "sent a letter to Stu Silberman in December" informing him that "The CATS Board of Review had determined that a violation of the Administration Code for Kentucky's Educational Assessment Program did occur."

Despite ignoring the teacher's warnings, the board of review found "that the violation was unintentional." Gross added, "since there was no evidence that any students gained testing advantages as a result, scores were not lowered."

"[Former] Commissioner [Jon] Draud recommend that Zuluaga participate in a minimum of three hours of Administration Code Training," Gross said.

Fayette County schools spokesperson Lisa Deffendall confirmed to KSN&C that "In accordance with the recommendations, additional training has been completed."

As KSN&C opined at the time, "a director flipping through test booklets, if full view of school faculty, staff and students, without a pencil, maybe ill-advised, inappropriate and embarrassing, but it does not rise to the level of a major violation. ... Refresher training for the director seems indicated and sufficient."

Increased pressure on school personnel to produce higher and higher numbers has proven to be counterproductive to the assessment system - which is being dismantled by the Genral Assembly at this hour. One wonders what impact testing violations, like this one, have had over time in undermining teachers' confidence in the CATS Assessment - and the public's confidence as well.

Saturday, July 14, 2007

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.