FINALLY ~ A Reply from Jeff Wulfson, Associate Commissioner, DESE

We FINALLY received a reply from our numerous emails to Jeff Wulfson, the Association Commissioner at the Department of Elementary & Secondary Education. Mr. Wulfson, while failing to actually provide the clarification of the schools transportation as we requested, did state that if he were provided with an actual complaint, the DESE would be willing to intervene to ensure the law is being followed. Although we appreciate his offer to intervene with an actual complaint, it is disturbing that he to is unable or unwilling to state the schools actual policy. Reading between the lines, if any parent dares to file a complaint, then and only then, will we address the issue. It is equally disturbing that he does not take issue with the fact that the school has repeatedly ignored our request for written clarification and question why that is. It is usually those who are attempting to hide something that are unwilling to provide the information requested.
On the upside, we are pleased that we have actually heard from Mr. Wulfson and have included a copy of his letter. We have inserted comments at various points and to assist in distinguishing between the two, have done so in red text.


From Mr. Wulfson:

I am writing in response to your recent emails, requesting clarification regarding the state’s role in overseeing the operation of Commonwealth charter schools in general and the Mystic Valley Charter Public School (MVCPS) in particular.

There are two types of oversight that the Commonwealth has with respect to charter schools. The first type of oversight is to respond to specific individual complaints in which the school is alleged to have violated a law, regulation, or other governing policy. The second type is the more general oversight that the Department (DESE) and Board of Elementary and Secondary Education (BESE) have as the charter school authorizer in Massachusetts.  These two types of oversight are discussed below in more detail.

Specific Complaints

As we have noted before, the first type of oversight provided by the Commonwealth is shared among a number of state agencies, depending upon the particular subject matter. For example, concerns regarding the open meeting law or the construction bidding statutes are the responsibility of the Office of the Attorney General, the public records law is overseen by the Secretary of the Commonwealth, and the State Ethics Commission oversees the conflict of interest laws.

This Department has a number of separate offices that share in this oversight responsibility. Issues involving special education services, accessibility, or other matters relating to student welfare are reviewed by our Program Quality Assurance unit and complaints regarding student transportation are handled by our School Business Services office. Complaints alleging that a charter school has failed to comply with a specific provision of the charter school statute or regulations are handled by the Charter School Office. To the extent that a complaint alleges a violation of the charter school statute or regulations, the complainant must present that complaint to the school’s board of trustees prior to filing a complaint with the Charter School Office.  See 603 CMR 1.10.

In all of the above areas, the oversight agencies require some degree of specificity as to the allegation in question in order to properly investigate and obtain a response from the school. While some parents may be reluctant to be identified as the source of a complaint for fear of reprisal, as a practical matter, anonymous emails or postings on blogs and websites that contain only vague assertions are difficult at best for us to investigate. To cite one example, you have alleged that MVCPS is not meeting its responsibilities to provide bus transportation for students living more than two miles from school. If we had a specific complaint from a parent, with information as to where the student lives and where he or she attends school, we could verify the grade level of the student and the distances and then intervene with the school to ensure that it is meeting its responsibilities. 

Unfortunately, a number of us have contacted various departments within the DESE (specifically Jeff K.) to no avail. Also, how many times must the DESE be told that the Board of Trustees at MVRCS refuse to address complaints in a professional, fair, and without repercussions (as we're sure Annie O. can attest to, as one example). 

Also, between the information listed here AND the payroll information provided by the Boston Globe, how much more specific information is required before the DESE is willing to look into various conflicts of issues, code of conduct violations, open meeting laws, and the like. We did notice that Mr. Wulfson failed to address the issue as to whether his agency has filed and followed up on the Open Meeting and Executive Session Meeting violations that has been documented.

Oversight as Authorizer

Our second level of oversight relates to our role as the charter authorizer for Massachusetts. The overall performance of every charter school is reviewed every five years; and the BESE makes a decision on whether or not to renew the charter based on the school’s academic performance, organizational viability, and faithfulness to the terms of its charter. A school’s track record in complying with state and federal requirements and in responding appropriately to parent inquiries are two of many factors considered in making a renewal decision. The charter for MVCPS expires in June 2013 and the renewal inspection and decision probably will take place in the 2012-13 school year. During the course of that review, parents and other interested parties will have the opportunity to provide comments to us on the school’s performance.

It is unfortunate that the DESE has taken the position that it will not look into the reported allegations that have been made against the school until the 2012-2013 school year. So much for the students who are not selected for entry into the school as a result of a rigged lottery, or the students who are not receiving the services they require because Neil Kinnon refuses to address his sister-in-laws failure to comply with NCLB laws and the oversight and management of the Special Education Department.

In regards to the comment regarding "parents and other interested parties will have the opportunity to provide comments to us on the school's performance." Oh, he must mean the parents that the school hand selects to attend those meetings, the parents who don't have complaints or who won't speak up against the school. Yes, the same parents who have been invited in the past, and obviously NOT the likes of our friend Annie O. (who we must apologize to for constantly dragging her name back into this) or the other parents who were encouraged to leave the school (you know, those children who weren't expelled but were in danger of being retained). May we suggest now that any and all parents who would like to be heard during the next review write to Mr. Wulfson NOW and ask to be either included in the group meeting or to meet with him individually.

General Queries

You have asked how to request a financial audit of MVCPS. As you may already know, every charter school is required to have an annual independent audit conducted by a certified public accountant. These audit reports are published as part of each school’s annual report and are available to the public. In extraordinary circumstances where fraud or misappropriation of funds is suspected, the State Auditor does have authority to conduct additional financial investigations. Suggestions that expenditures in certain areas are “excessive,” however, generally do not rise to that level of concern. Both school committees and boards of trustees are given broad discretion in determining the appropriate expenditures for the operation of their respective schools.

 Extraordinary circumstances wouldn't be the overpayment of 'Kinnected' individuals and/or those individuals who are paid more than most of our teachers yet show up for about an hour a day (if that)? We would be willing to bet that the school is aware of what would get the attention of the State Auditor and makes sure that those 'expenditures' do not show up on their annual reports. We'd be interested in knowing how much attention and detail (i.e. receipts, overview) is required in the filing of these reports. Mr. Wulfson makes mention of having an CPA conduct an independent audit and we question who the actual CPA is who conducts these audits. One would hope that they must be required to be unassociated and unbiased int their review of financial records.

You have also raised a question regarding the lack of term limits for the trustees on the MVCPS board. DESE recommends that charter school by-laws include such limits, and we require newly chartered schools to include such a provision. We have discussions ongoing with the MVCPS board regarding adding such a provision to their by-laws. Those discussions continue and we continue to urge the school to adopt term limits for its trustees.

But again, other charter schools have had their charter renewal contingent upon, among other things, incorporating term limits into their by-laws. And again we question why MVRCS has not had the same contingency placed upon them. Also, why do the trustees at MVRCS feel that they do not have to answer to the DESE? If new charter schools are required to do so, then so should MVRCS. Oh, that's right, we are dealing with Mr. Neil Kinnon who stated (as seen in our 'Did They Really Say That' column) "The quickest way to be not true to the charter is to not have continuity. Since superintendents come and go, where do you get continuity? You’re able to get that through a long-serving board that has full understanding of the charter. This is what I have told the DOE every year they’ve come in and questioned it.’’ As we stated there, again, Really? Is overpaying and creating jobs for friends, family members and associates staying true to the charter? Is rigging the lottery and ignoring NCLB laws staying true to the charter? Is putting an athletic facility before the logistic and academic needs of students who have outgrown the lower school facility? What about not retaining teachers but only retaining those who are overpaid and underworked as a result of their association with you? Yeah, none of THAT matters!

Finally, I must tell you how personally disturbing it was to read your group’s recent correspondence to Governor Patrick in which you suggest that there might be “pure corruption” here in the Department. My colleagues and I take our responsibilities as public employees very seriously. Such allegations were made not only without any shred of evidence but were inappropriate and unnecessary. 

We apologize that you find the actions of parents attempting to ensure laws are being followed as disturbing. We too are disturbed at many things that have and continue to be allowed to happen. We do not feel as though they were made without adequate evidence (specifically other charter schools being held to very different standards and expectations), nor inappropriate and unnecessary. We have written to you on a number of different occasions going back to October 7 and this is the first response we have received. Not to mention that the transportation issue has still NOT been clarified by either you or MVRCS. 

I trust that this provides you with the more detailed information that you were seeking.  Again, should you require additional information, please do not hesitate to contact me.

Jeff Wulfson

Associate Commissioner

Afterthoughts to the Globe Article & Top 50 Paid Employees

Section 23(b)(2)  Improper Use of Public Position

Section 23(b)(2) provides that a public employee may not knowingly, or with reason to know, use his official position to secure unwarranted privileges or exemptions of substantial value for himself or others.  Under section 23(b)(2), the Commission has consistently prohibited public employees from using their titles, public time and public resources to promote private interests.

Section 23(b)(3)  Appearances of a Conflict of Interest

Section 23(b)(3) prohibits a public employee from knowingly, or with reason to know, engaging in conduct which would cause a reasonable person to conclude that any person or entity can improperly influence the employee or unduly enjoy his favor in the performance of his official duties, or that he is likely to act or fail to act as a result of kinship, rank, or position of any person. 

 

Remember these regulations as you read.... AND remember that these laws apply to Board of Trustees and School Administrators, not just elected officials.

 

During our initial read and response to the list of the high earners at MVRCS, we failed to fully examine the list as a whole. It occurred to us after that many of the individuals listed are probably also listed on Neil Kinnon's personal Christmas card list. While we initially offended that Greg Kinnon and Rob Kravitz were making more than the majority of teachers and staff at MVRCS (all those teachers and staff that were NOT mentioned) but it wasn't until we started looking at who was on the list and comparing those individuals with who has an outside relationship with Neil Kinnon (or one of his associates such as Mayor Howard) that we saw the big picture. Yes, a few teachers are paid better than some but isn't it interesting that the majority of the list consists of individuals who have gained their position as a result of their 'Konnections'? We understand the creation of a Public Relations position for a friend who was in desperate need of a job but paying that same person more than many of the teachers who have been there longer and work harder? The next question we must ask is if an Office Manager (who has been known to make some major mistakes and isn't always the nicest person) is also worth more than the teachers and staff who are responsible for educating our children. Both Gately and Ferrara have been with the school for less than 4 years yet make more than most teachers? We mention Greg and Bob (who we were just informed has a 'Konnection' but we must admit, at least works) a bit back but isn't it interesting that Mike and Win-Jan (the two employees who maintain the lower schools) who have both been at the school for many years, are tireless in their efforts, and can always been seen WORKING, are not listed any where on the list? These two are at the school every morning and every afternoon (unlike Greg who drives up just ahead of the buses for appearance sake) plus some weekends, yet are not making anywhere near what our other two friends make? Seems like a little preferential treatment going on here. Greg was also slotted as 'Nurse' yet by our accounts, all the nurses positions are full and, let's not forget, he isn't truly AT the school all that much. BUT, speaking of nurses, isn't it also sad that the school nurse who has been there for YEARS, Ms. Tilton, didn't make that list (and apparently with all the fixing of the lottery that occurs, they couldn't fix it so her child could get in - really?)? Ever visit her office? Grand Central Station is the first thought yet she makes less than Danielle Ferrara? Hmm, the employees in the business office seem to work at a much slower pace than any of the nurses, and responsible for a LOT more.Oh, that's right, they all seem to have a 'Konnection' to either Genetti, Howard, or Kinnon. Funny how that works, isn't it?

We mentioned in our earlier post the fact that Mr. Giles & Mr. Bauer (any relation to politician Bauer?)  is in fact making more than many HS teachers, classroom teachers, and Special Education teachers. It was pointed out to us that it may be as a result of after school coaching or duties and we do concede that they both probably earn stipends for taking on various responsibilities. We then realized that Ms. Goggin was not mentioned on the list and we know that she does quiet a bit of after-school coaching and was a major player in the Booster club (the amazing haunted house that the kids put on the past few years, coat drive, etc). We find it interesting that she has not managed to gain a spot on the list. Then again, while many of the sporting accomplishments are given attention, little has ever been said about the extraordinary efforts of the faculty and students involved the Booster Club. One would hope that Ms. Goggin (and those other teachers and staff members that are committed) received at the very least the same (if not greater) 'stipend' that Kathy Kinnon receives for her role as swim teach secretary.We would be interested in hearing what others are paid as 'stipends' and if they are, in fact, equal to or greater than that of Kathy Kinnon. On that same note, one must question what Lee Kinnon is being paid for his role as swim coach as we find it interesting that he has not been listed.

While we do not claim to know every 'Konnection' that exists within the school payroll, we know enough to conclude that many of the individuals that have made 'the list' have only done so as a result of their 'Konnections' and good graces of their friends and family members. We know for certain that Kathy and Greg Kinnon are not held to the same standards or expectations as other employees, especially since it seems like neither of them are present during the school day and much of what they should be responsible for has been dumped onto others. We also can see that many of the individuals Neil Kinnon has 'appointed' are paid far more than the majority of those responsible for the most, educating our children. We must also question how these individuals are evaluated during performance evaluations. For example, Chris Finn is a long-time, childhood friend of Neil Kinnons and many would agree that the behavior at the school has been declining since his appointment yet he remains one of the highest paid employees. We can be assured that Dr. McCleary has little say in Chris Finn's evaluations and pay raises which would lead us to believe that the Board of Trustees assumes that responsibility. One would hope that Neil Kinnon would excuse himself from these discussions but we would imagine not. AND, since the school has refused to release Executive Session minutes as required, we would have no way of knowing. We could go on with our disgust and disappointment at how we believe funds are being abused and misappropriated at our school but we feel the point has been made: it is time for Neil Kinnon and his merry band of thieves to step down as it is clear that many Conflict of Issues and Code of Conduct laws have been not merely broken but totally disregarded. Anyone interested in taking a guess at just how many of the individuals listed are somehow 'Konnected' to Neil Kinnon and/or his friends, family members, or associates?

In closing, in true UnOfficialMVRCS form, this posting will be emailed to the DESE, State Ethics, Secretary of State, Attorney General, and our numerous media contacts.

Our Comments, Questions, & Issues with the Globe's Articles.

Here are some thoughts and feedback on the Boston Globe Article and the ‘Top 50 Salaries of MVRCS’. We are wondering if these figures are all inclusive (or do some employees receive two checks or additional funds for additional responsibilities and/or job titles). We also wonder if MVRCS finally released ALL of their payroll records as required by law or if this was the only way to make amends with the reporter and/or Globe. We question much of this information, specifically the payroll data and have commented as questions or issues appeared. The black portion is material taken directly from the articles and our comments and responses are in red.

Others in the top 50 earners were two relatives of Malden City Councilor Neil Kinnon, who serves as chairman of the school’s board of trustees, an unpaid position. Neil Kinnon’s brother Greg earned $53,656 in 2009 for his work as facilities manager and nurse. Kathy Kinnon, Neil Kinnon’s sister-in-law, earned $84,658 as special education director, an increase of about 9 percent over 2008, when she earned $77,187.

Sad that Greg apparently makes more than the facility guys that are always there. Would love to know what Greg does with his days. Greg Kinnon is a nurse? Licensed? How often does he fill in for one of the nurses, once a year? Is this salary inclusive of his ‘nurse’ position? Interesting how he is mentioned yet the lower school nurse who has been there for years isn’t mentioned here (AND his daughter was ‘selected’ yet the nurse’s son wasn’t. Interesting how that happened.

What exactly is Kathy Kinnon doing these days? She doesn’t attend meetings or return phone calls, it seems as Mrs. Libby has taken over the lion’s share of her responsibilities. She is the swim team secretary and her husband (who isn’t listed) is one of the coaches. Notice how he wasn’t mentioned anywhere in the ad? I thought the 2008 Annual Report mentioned 5% pay increases – must be different for her.

School officials said Kathy Kinnon’s salary for 2009 included a $1,000 “stay bonus,’’ similar to the pay raises mandated by general public schools in their stepladder approach to determining salaries; a one-time salary increase to ensure Kinnon’s compensation remained competitive with the charter school’s sending districts; and a $3,000 stipend for serving as administrative secretary to the school’s swim team.
A ‘stay bonus’ – cause she might leave??? The comment ‘similar to the pay raises mandated by general public schools in their stepladder approach to determining salaries’ – are all employees entitled to the same raises? It seems like some people made more in 2008 than in 2009. The individuals with her title in the sending districts have more students and work a hell of lot harder, you can be sure.

She is the swim team secretary and her husband (who isn’t listed) is one of the coaches. Notice how he wasn’t mentioned anywhere in the ad? I also wonder if she gets paid additional funds if she conducts a portion of the professional development to the staff.

As a matter of policy, the school director from time to time approves market adjustments to staff salaries to ensure the charter school remains competitive. The school also pays staff stay bonuses and stipends for coaching or overseeing other extracurricular activities, Veilleux said.

Staff bonuses = hush money for teachers to turn their heads to some of the less desirable behaviors (hence why the teachers are NOT permitted to ‘talk’ to parents, and now someone said something about them not being able to go to functions outside of school where students/parents will be.

Of the 328 Massachusetts school districts surveyed in fiscal 2008, only 12 paid their teachers an average salary that was lower than the average salary Mystic Valley paid its top-earning teachers in 2009. Malden’s public school system — not including the charter school — ranked 14th in the statewide report, with an average teacher salary of $73,547.

Only 12 paid their teachers less than these figures (again would love to see if what they gave to the Globe adds up to what they’ve reported to the IRS and/or DESE) because Neil Kinnon thinks that a monkey could teach children. Yet…(see below)

Mystic Valley teacher pay below state average; staff youth, experience cited - The Boston Globe

In today's Boston Globe - Article by Brenda Buoute and Top 50 Ssalaries @ MVRCS

Mystic Valley teacher pay below state average; staff youth, experience cited - The Boston Globe

Top 50 Salaries at MVRCS - The Boston Globe

Mystic Valley lags state pay norm

Director says pay still competitive

By Brenda J. Buote Globe Correspondent / October 24, 2010

At Mystic Valley Regional Charter School in Malden, only three employees earned six-figure salaries last year, and most staff members earned less than half of school director Joseph McCleary’s $166,332 paycheck, according to records released to the Globe.

The average salary for teachers who were among the top 50 earners in 2009 was $50,853, well below the statewide average of $64,166 earned by public school teachers for the 2007-2008 school year, the last year for which Massachusetts figures are available.

Mystic Valley administrators topped the pay list, including assistant director Chris Finn, who earned $113,001 in 2009, and business manager Richard Veilleux, $106,650. McCleary’s 2009 earnings included compensation for moving from Maryland in 2007 to lead the charter school, which has about 1,400 students from Malden, Medford, Melrose, Everett, Stoneham, and Wakefield.

Others in the top 50 earners were two relatives of Malden City Councilor Neil Kinnon, who serves as chairman of the school’s board of trustees, an unpaid position. Neil Kinnon’s brother Greg earned $53,656 in 2009 for his work as facilities manager and nurse. Kathy Kinnon, Neil Kinnon’s sister-in-law, earned $84,658 as special education director, an increase of about 9 percent over 2008, when she earned $77,187.

School officials said Kathy Kinnon’s salary for 2009 included a $1,000 “stay bonus,’’ similar to the pay raises mandated by general public schools in their stepladder approach to determining salaries; a one-time salary increase to ensure Kinnon’s compensation remained competitive with the charter school’s sending districts; and a $3,000 stipend for serving as administrative secretary to the school’s swim team.

And They Say They Have Done Nothing Wrong....

Opponents of this blog have continued to insist upon the fact that the school has done nothing wrong and that this site is filled with lies, hatred towards the school and Neil Kinnon, along with other such statements. We must stress (AGAIN) that we do not hate the school nor do we wish to see harm come to it. We do however want wrongs to be corrected and the school to move forward in a much more positive, legally bound, and as a highly regarded school. One way we have come up with to demonstrate the basis for our accusations, statements, and general opinions is to provide a few specific examples that CAN be confirmed through court records, DESE records, and other indisputable documents. It is disturbing to us that not only has Mr. Kinnon attempted to silence both the Malden Firefighters and ourselves, he has also led the school into practicing equally as upsetting practices that are questionable in nature and intent. In our quest to verify our information we have come up with a number of incidents that speak volumes in demonstrating this.

Welcome to the UN-Offical MVRCS Blog

As a group of parents from MVRCS we’ve grown concerned at what we’ve been reading (and hearing) as a result of the recent Boston Globe articles. After having being able to confirm enough of the information to make us want to explore things further, we've created this blog. The two things many of us do know is that 1. some students do exceptionally well there and the school has done some remarkable things, and 2. the school does not encourage parents questioning or challenging them without repercussions or consequences. This has resulted in many of us just accepting, rather than challenging, the questionable actions and often wrongdoings, of the school administration. In light of that, our hope is that this blog will act as a communication tool for our school that welcomes (and encourages) the sharing of your comments, concerns, and experiences.

As a response to Brenda Buotes article (that can be found here Globe Article by Brenda Buote ) and Rick Veilleux’s response (Rick Veilleux's Reponse), many readers have used the Boston.com forum as an outlet (which can be found under the 'User Comments' link below each story). We have followed these discussions carefully and come to the conclusion that action must be taken to ensure the success of our school. Our intent and purpose is not to destroy the school but rather to ensure that it is being managed and conducted according to the laws of the charter and public law. Should the Department of Elementary and Secondary Education (DESE) take issue with these, violations, they have the right to revoke the charter. We want to avoid this at all cost and need your help to do so.

We have constructed a list of our major concerns and issues that we have either personal knowledge of or have learned about as a result of the exhaustive list of reader responses to the article Globe and schools response. While we do question the accuracy and view point of portions of the postings, we must also question the identity, motives, and intent of others. We ask that if you take the time to read these postings you do so with an open mind and with objectivity. Unlike the current Administration of MVRCS, we welcome your experiences, insight, concerns and comments. In the interest of fairness and to ensure the integrity of material, we ask that you NOT use your true identity (out of fear of repercussions), student names or identities, and remain polite and professional at all times. Should you wish to contact us, you may email us at Our Email. Welcome!