Who Ya Gonna Call....?

We have made it no secret that we've been in touch with the Department of Elementary and Secondary Education, the Attorney General's Office, Ethics Committee, Governor Patrick, IRS, and the Office of the Inspector General. In one of the nastier messages we received on this blog (which we posted) by someone at MVRCS, they made reference to having contact with individuals who should be concerned with the wrong-doings and/or issues at MVRCS who were not concerned with what we were saying. At the time we didn't pay much attention to their statements as we felt that SOMEONE, SOMEWHERE WOULD pay attention and be as outraged as we are. We didn't believe that the agencies and government officials could turn their back on students who required special educational services, misappropriation of funds, or blatant disregard for laws. We must say that we have since been repeatedly disappointed at the lack of actions the agencies responsible for ensuring the folks at MVRCS are following the laws and educating our children. Some insight and background on who we contacted, what was reported, and what (if anything was done).
We have made it no secret that that the Department of Elementary and Secondary Education (DESE or also known as the DOE) is willing to do very little in the way of ensuring Neil Kinnon and the Administration/Board follow the laws that govern them. Jeff Wulfson while offering to be our 'go-to' person at the DESE, has shown little interest and made little effort to address the issues we have brought to his attention. He was well aware of the open meeting violations yet did nothing to enforce the law other than pass the buck to the Attorney General's office. Mr. Wulfson actually ignored a number of our emails until we reached out to Governor Patrick for assistance. Unfortunately, Mr. Wulfson's attention and responses are limited and appear to only happen at the urging of Governor Patrick. Given that the DESE (aka DOE) is the agency mainly responsible for the oversight of our education system here in Massachusetts, not to mention their responsibility for charter school oversight, we can not stress enough how disappointed we are by his lack of concern and inaction. We feel we must also make mention of the fact that before reaching out to Mr. Wulfson, we had heard of several parents and a number of teachers reaching out the PQA (Program Quality Assurance) department of the DESE, again with no success. Our other issue and concern that the DESE would ultimately be responsible for addressing is that of the handling of the lottery and waitlist. We can not even begin to describe the amount of information that has been sent to us regarding violations of the laws that govern  entrance into charter schools. We've heard of students being re-admitted, unethical handling of the waitlist, and the newest, being able to buy a students entry into the school. It appears as though the DESE is not concerned with any of this and is therefore allowing it to continue. So, in answer to the question 'who ya gonna call' if you have an issue with MVRCS, we DON'T suggest bothering with the DESE.
We must say that of all of the agencies we made contact with, the Attorney General's office was one of the most helpful, responsive, and seems to have made a difference. While the option exists to contact them regarding a number of different issues, we chose to focus on the Open Meeting Law violations at MVRCS. We must say that since speaking to them and sharing with them our communications with MVRCS, we have seen an improvement in the handling of the Open Meetings. We still have issues pertaining to obtaining the minutes of past meetings (specifically Executive Sessions) but those are due to more of a logistical issue. Although we do believe that an issue still exists (are the meeting minutes available as required by law for both the open and executive session meetings?), we have not figured out a way of obtaining copies without revealing our identities. We are still working on this issue, do not fear. In general, we would suggest that the Attorney General is someone one might want to call for assistance and guidance. Too bad they weren't responsible for education!
An agency that we have mixed emotions on and are holding off on forming an opinion at this time is the State Ethics Committee. We have filed NUMEROUS complaints with them regarding conflict of interest issues on behalf of not only Neil Kinnon but with the City of Malden, Chris Finn, and in the hiring of family and friends by Neil Kinnon. Unfortunately while a number of these have been filed on behalf of various individuals, a fair amount have also been filed anonymously which means we have no way of knowing what action (if any) has or will be taken. We do know that no action has been taken on at least one complaint at this point but are still waiting to hear on the outcome of others.We hope that the State Ethics Committee is at the very least taking our complaints seriously and not being misled, misinformed, or misguided by the folks at MVRCS. On the up side, we have heard rumors of certain individuals lawyer shopping for firms that handle ethical complaint allegations. We shall wait and see before we decide if this agency is one that one should call.
As for Governor Patrick, we must say that our letter to him did result in a response (at the very least) from Jeff Wulfson. We would have liked for more to have come from our contacting his office but at the very least, we know that he heard us! Another one we'll be contacting in the future.
The IRS and Inspector General - these too were anonymous complaints so unfortunately we have no way of knowing if our efforts resulted in any action being taken. It also may be too soon to tell.We'll keep you posted on this agency.
In closing, we've come to the conclusion that we are not the type of group to give up easily as we will continue to bring the many issues and concerns we have regarding MVRCS to those who SHOULD be able to help correct them.

Kinnon - Mudding the MVRCS Name....?

It is a well known fact that we have numerous issues with Neil Kinnon and the dictatorship he has created for himself. At the same time we do appreciate that MVRCS would not be in existence today if it weren't for the efforts of him and the other founding members. We have been very vocal in pointing out issues we find troubling such as the numerous conflicts of interest surrounding many of his actions and decisions, the hiring and retaining of individuals solely based on their association with him (regardless of their qualifications and/or performance), his disregard and demeaning manner in which parents of the school are treated, and the treatment of the teachers and staff of the school (who are NOT part of his inner circle). We have worked (and continue to do so) towards bringing the bigger issues to the attention of the Department of Elementary and Secondary Education, State Ethics Committee, Attorney General, Inspector General, and Governor Deval Patrick. While our efforts have been solely on issues pertaining to the school, it seems as though others within the community have concerns of their own and are acting on those concerns. It is our understanding that a number of state agencies have begun investigating allegations of corruption and wrong-doing amongst Malden politicians. Included within the issues being investigated are the many back room deals that are common between Neil Kinnon and the City of Malden (such as the park deal from last spring) that are conducted outside of the laws that govern their actions. We can't be sure what the end result will be or how this will implicate or impact our school but the issue remains that if Neil Kinnon followed not only the letter of the laws but the spirit of the laws as well, MVRCS would not be in a position to be found guilty by association. We will wait with baited breath as the investigation continues and will keep everyone updated as to the status of the numerous investigations currently being conducted by various state agencies.

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

Another Agency Worth Knowing - Mass Inspector General

 From their website:
"The Massachusetts Office of the Inspector General is a state watchdog agency. The Office has a broad mandate to prevent and detect fraud, waste, and abuse in government. The Office conducts operational and management reviews, analyzes legislation and regulations, provides technical assistance, and conducts civil and criminal investigations. The Office has established a confidential toll-free hotline number -- 800-322-1323 -- and invites calls to report suspected fraud, waste, or abuse in government."

The Massachusetts Inspector General's office is responsible for conducting investigations involving fraud, waste, and abuse of funds and materials in issues regarding the use of public funds. We question, at the very least, if the salary issues related specifically to the 'Konnected' individuals at MVRCS would fall under this agency. We do know that Chris Finn in his role as Business Manager was required to take a course (which the school paid for) covering the laws of procurement that regulate the schools purchases. Since Chris Finn is no longer in that position does that require Mr. Veilleux to complete the same course? We would be interested in knowing if all of the contract work (especially the camera security system) was required to be put out for bid and if so, if the bid was conducted in accordance with the laws. We also feel that the Inspector General's office might be an agency that we want to familiarize ourselves with a bit more as the school begins the building of the Athletic Facility. Here is some basic information regarding this agency but we'll be providing more as we continue our efforts to completely understand the laws governing fraud, waste, and abuse of funds and materials. If nothing else, we do believe that overpaying family members and friends and/or the creation of positions for the same, would be considered abuse of public funds.We've included contact information (should any of you decide to contact them yourselves), a brief description of Chapter 30B (just one of the laws), and a brief history of the Inspector General's Office.

You may contact the Office by telephone, email or mail.
The Office's telephone numbers are: Office: 617-727-9140; Fax: 617-723-2334; Chapter 30B Line: 617-722-8838
The Office's email address is: MA_OIG@maoig.net

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.

Open Meeting Report Complaints - Feel Like Filing One?

We recently requested copies of the Board Meeting minutes for September and the prior 6 meetings from Rick Veilleux. Mr. Veilleux denied a portion of our request, specifically related to Executive Session minutes. We take issue with this and question the legality of his denial and the purpose behind many of the Executive Sessions themselves. We believe that in an effort to gain the attention necessary to initiate positive change within our school, the more parents that send this letter, the more likely this issue is to gain their attention. We are asking that any parent feeling comfortable doing so, file complaints. After speaking with our contact at the Attorney General’s Office, the complaint procedure includes two options which we have completed the dialogue portion of (bolded text)

The first involves filing a complaint with the Attorney General’s Office using the complaint form located here (Attorney General's Complaint Form - Open Meeting. While some information will require your personal information, we have completed the dialogue portion of the complaint if you prefer not to compose your own.

The second option involves contacting the Supervisor of Records within William Galvins Office, Secretary of the Commonwealth. For this complaint we have included pre-written letters that require little more than the inserting of personal information.

~~~~~~~Should you decide to send your own request for minutes ~~~~~~~

October 26, 2010

Mr. Rick Veilleux

Mystic Valley Regional Charter School
671 Salem Street

Malden, MA, 02148

Re: Massachusetts Public Records Request

Dear Mr. Veilleux:

This is a request under the Massachusetts Public Records Law (M. G. L. Chapter 66, Section 10).

I am requesting that I be provided a copy of the following records:

            A copy of Board of Trustees Open & Executive Meeting Minutes Jan 2010 – Sep 2010

I recognize that you do charge reasonable costs for copies, as well as for personnel time needed to comply with this request.  If you expect costs to exceed $10.00, please provide a detailed fee estimate.

As you may be aware, the Public Records Law requires you to provide me with a written response within 10 calendar days.  If you cannot comply with my request, you are statutorily required to provide an explanation in writing.

Sincerely,

Your Name
Your Address
City, State, Zip Code
Telephone Number [Optional]

~~~~~~~~~~The Complaint Process -- Attorney General's Office ~~~~~~~~~~

The complaint form for the Attorney General’s office can be found at Attorney General's Complaint Form - Open Meeting law and requests your personal information along with the following:

OPEN MEETING LAW COMPLAINT FORM

Office of the Attorney General One Ashburton Place Boston, MA 02108