Dallas ISD trustees approve audit on hiring practices and moving expenses
The Administrative Services Agreement between Dallas ISD and Floyd Mike Miles-Administrator was signed on April 26, 2012. It covers a two month period from April 27-June 30, 2012 prior to the July 1, 2012 beginning date of Mike Miles employment as Superintendent.
The final Interim Internal Auditor's Report was approved at a Called Board Meeting scheduled for January 10, 2013 at 5:00 P.M. (8-1) This important meeting started almost an hour late because it was set at the very end of the regular monthly Board briefing that begins at 11:30 A.M. It would have been better to schedule the meeting on a date that was not already full.
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The final Interim Internal Auditor's report deleted all references to the Administrative Services Agreement and the contractual obligations of Administrator Mike Miles to Dallas ISD under that Agreement.
How can an Audit Report review the actions of Administrator Mike Miles without referring to the only Agreement that was in effect during the period covered by the Audit Report?
The answer given by the Interim Internal Auditor's Final Report - Board President Lew Blackburn "explained things"
Mike Miles was not the Superintendent of Dallas ISD from April 27, 2012 - June 30, 2012.
Yet, he was "directing" Interim Superintendent Alan King with no contractual authority to do so under the Administrative Services Agreement prior to officially becoming the Superintendent on July 1, 2012.
The final Interim Internal Auditor's Report states in the Executive Summary:
The implementation of these directives conducted by Alan King constituted his approval as Interim Superintendent of Schools. In corroboration of both Alan King's and Mike Miles' actions, as explained by the Board President, it was the expectation and intention of the Board that Superintendent Miles start preparing for the 2013 school year during the period of his Professional Service Contract.
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Board President Lew Blackburn explained the Board's "expectation and intention" that the "Superintendent Miles start preparing for the 2013 school year."
What does that statement mean? The statement is vague enough to mean nothing and vague enough to mean anything. It means whatever you imagine it to mean.
There is no such statement or anything close to it in the Administrative Services Agreement with Independent Contractor Floyd Mike Miles.
The Administrative Services Agreement states that the Administrator was
The Interim Superintendent could not approve "directives" from the Administrator Mike Miles that were not authorized by the specific terms of the Administrative Services Agreement.
The Interim Superintendent was required to follow and enforce all policies and "contractual agreements" approved by the Board.
The Administrator Mike Miles could not "order the Interim Superintendent" to take actions that violated the terms of the Administrative Services Agreement made by the Board of Trustees.
The Interim Superintendent reported to the Board --not to Independent Contractor/Administrator Mike Miles.
What is a "Directive?"
Dictionary definition - an authoritative instruction or direction; specific order.
If Interim Superintendent Alan King thought or was told by the Board President, Administrator Mike Miles, Attorneys or others that he must comply with directives from Administrator Mike Miles, this would be "undue influence."
The original draft report of the Internal Auditor stated:
An arrangement giving outside Independent Contractor Mike Miles authority to issue "Directives" to the Superintendent and staff appears to violate Section 11.201 0f the Texas Education Code.
This was initially described by the Interim Internal Auditor as "undue influence" --until the Board's undocumented 'expectations and intentions' were explained by Board President Lew Blackburn.
Were those 'expectations and intentions' in writing as required by the Administrative Services Agreement with Floyd Mike Miles? No.
The Board President never disclosed anything about this private meeting to the Board. The private meeting was mentioned for the first time by the Interim Internal Auditor, LaNita Ray, at the January 10, 2013 Called Board Meeting.
Why did the Board President get involved in the Interim Internal Auditor's Investigation of District management without informing the Board?
The administration was to respond to the audit report - not the Board President.
Was this a violation of the Board President's authority as stated in Board Policy BBE (LEGAL)?
Did the Interim Internal Auditor, LaNita Ray, feel pressured in this meeting with the Board President, Superintendent Mike Miles, and two attorneys - Sonya Hoskins and Jack Elrod?
I don't know but I do wonder about the inherent climate of potential intimidation of a District employee attempting to complete a very important assignment with integrity.
There are nine elected Trustees of Dallas ISD - each representing over 100,000 citizens and taxpayers.
Yet, prior to the final report of the Interim Internal Auditor presented at the January 10, 2013 Called Board Meeting, Board President Lew Blackburn withheld important information about a private meeting with the Interim Internal Auditor, LaNita Ray and others, at which he acted on behalf of the Board without ever informing the Board or obtaining specific Board authorization to do so.
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Board Policy BBE (LEGAL)
The Board may act only by majority vote of the members present at a meeting held in compliance with Government Code Chapter 551, at which a quorum of the Board is present and voting. Unless
authorized by the Board, a member of the Board may not, individually, act on behalf of the Board. - Education Code 11.051(a)(1)
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Board Policy BBE (LOCAL)
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Board Policy (BDAA (LOCAL)
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----------------------------------------------------------------------------------------------------------------------------The Administrative Services Agreement between Dallas ISD and Floyd Mike Miles-Administrator was signed on April 26, 2012. It covers a two month period from April 27-June 30, 2012 prior to the July 1, 2012 beginning date of Mike Miles employment as Superintendent.
The final Interim Internal Auditor's Report was approved at a Called Board Meeting scheduled for January 10, 2013 at 5:00 P.M. (8-1) This important meeting started almost an hour late because it was set at the very end of the regular monthly Board briefing that begins at 11:30 A.M. It would have been better to schedule the meeting on a date that was not already full.
**********************************************************************************************
The final Interim Internal Auditor's report deleted all references to the Administrative Services Agreement and the contractual obligations of Administrator Mike Miles to Dallas ISD under that Agreement.
How can an Audit Report review the actions of Administrator Mike Miles without referring to the only Agreement that was in effect during the period covered by the Audit Report?
The answer given by the Interim Internal Auditor's Final Report - Board President Lew Blackburn "explained things"
Mike Miles was not the Superintendent of Dallas ISD from April 27, 2012 - June 30, 2012.
Yet, he was "directing" Interim Superintendent Alan King with no contractual authority to do so under the Administrative Services Agreement prior to officially becoming the Superintendent on July 1, 2012.
The final Interim Internal Auditor's Report states in the Executive Summary:
- "This audit report focused on the events that transpired when Floyd Mike Miles was an Administrator under a Professional Service Contract (PO# 450228) from April 27, 2012, through June 30, 2012. During this period, the issuance of eighteen (18) Employment Offer Letters started the chain of events that in some cases were inconsistent with normal procedures and processes established by the departments of Accounts Payable, Human Capital Development and Purchasing." ***********************************************************************************************
- 1. "During the initial reorganization Miles verbally offered jobs to all hires and then directed me to send offer letters. Sometimes he gave specific salary and others were given pay with established ranges." (My Comment - there is nothing in the Administrative Services Contract giving such authority to Administrator Mike Miles over the Interim Superintendent of Dallas ISD.)
- 2. "Miles negotiated each moving allowance and told us what to include in the offer letters" (My Comment: There is nothing in the Administrative Services Contract giving such authority to Administrator Mike Miles over the Interim Superintendent of Dallas ISD. .)
- 3. "Miles reviewed and approved salary ranges for key staff (My Comment: There is nothing in the Administrative Services Contract giving such authority to Administrator Mike Miles over the Interim Superintendent of Dallas ISD.)
- 4. "Miles directed us to send offer letters to three people in Colorado when there were no established jobs. This led to our dismissal of the Staff Development Department. Miles then directed us to rescind two of these offers, and posted the jobs, then hired the two back." (My Comment: There is nothing in the Administrative Services Contract giving such authority to Administrator Mike Miles over the Interim Superintendent of Dallas ISD.)
The implementation of these directives conducted by Alan King constituted his approval as Interim Superintendent of Schools. In corroboration of both Alan King's and Mike Miles' actions, as explained by the Board President, it was the expectation and intention of the Board that Superintendent Miles start preparing for the 2013 school year during the period of his Professional Service Contract.
***********************************************************************************************
Board President Lew Blackburn explained the Board's "expectation and intention" that the "Superintendent Miles start preparing for the 2013 school year."
What does that statement mean? The statement is vague enough to mean nothing and vague enough to mean anything. It means whatever you imagine it to mean.
There is no such statement or anything close to it in the Administrative Services Agreement with Independent Contractor Floyd Mike Miles.
The Administrative Services Agreement states that the Administrator was
- "to procure and assemble information as requested by District's Board of Trustees."
- "to perform only the administrative services specifically set forth in this Agreement."
The Interim Superintendent could not approve "directives" from the Administrator Mike Miles that were not authorized by the specific terms of the Administrative Services Agreement.
The Interim Superintendent was required to follow and enforce all policies and "contractual agreements" approved by the Board.
The Administrator Mike Miles could not "order the Interim Superintendent" to take actions that violated the terms of the Administrative Services Agreement made by the Board of Trustees.
The Interim Superintendent reported to the Board --not to Independent Contractor/Administrator Mike Miles.
What is a "Directive?"
Dictionary definition - an authoritative instruction or direction; specific order.
If Interim Superintendent Alan King thought or was told by the Board President, Administrator Mike Miles, Attorneys or others that he must comply with directives from Administrator Mike Miles, this would be "undue influence."
The original draft report of the Internal Auditor stated:
- Internal Audit's review reveals that rules were violated and that undue influence prevailed throughout the business process prior to and subsequent to the transition phase of Superintendent Miles. This started the chain of events that disrupted established control procedures in the District's normal business operations.
- Section 11.201. Superintendents. (a) The Superintendent is the education leader and the chief executive officer of the school district.
- Section 11.201 (d) the duties of the Superintendent include: (5) managing the day-to-day operations of the district as its administrative manager
An arrangement giving outside Independent Contractor Mike Miles authority to issue "Directives" to the Superintendent and staff appears to violate Section 11.201 0f the Texas Education Code.
This was initially described by the Interim Internal Auditor as "undue influence" --until the Board's undocumented 'expectations and intentions' were explained by Board President Lew Blackburn.
Were those 'expectations and intentions' in writing as required by the Administrative Services Agreement with Floyd Mike Miles? No.
- "This Agreement embodies the entire agreement" and "may not be changed except by an agreement in writing signed by both Parties."
The Board President never disclosed anything about this private meeting to the Board. The private meeting was mentioned for the first time by the Interim Internal Auditor, LaNita Ray, at the January 10, 2013 Called Board Meeting.
Why did the Board President get involved in the Interim Internal Auditor's Investigation of District management without informing the Board?
The administration was to respond to the audit report - not the Board President.
Was this a violation of the Board President's authority as stated in Board Policy BBE (LEGAL)?
Did the Interim Internal Auditor, LaNita Ray, feel pressured in this meeting with the Board President, Superintendent Mike Miles, and two attorneys - Sonya Hoskins and Jack Elrod?
I don't know but I do wonder about the inherent climate of potential intimidation of a District employee attempting to complete a very important assignment with integrity.
There are nine elected Trustees of Dallas ISD - each representing over 100,000 citizens and taxpayers.
Yet, prior to the final report of the Interim Internal Auditor presented at the January 10, 2013 Called Board Meeting, Board President Lew Blackburn withheld important information about a private meeting with the Interim Internal Auditor, LaNita Ray and others, at which he acted on behalf of the Board without ever informing the Board or obtaining specific Board authorization to do so.
Board Policy BBE (LEGAL)
The Board may act only by majority vote of the members present at a meeting held in compliance with Government Code Chapter 551, at which a quorum of the Board is present and voting. Unless
authorized by the Board, a member of the Board may not, individually, act on behalf of the Board. - Education Code 11.051(a)(1)
Board Policy BBE (LOCAL)
The
corporate Board has final authority to determine and
interpret the policies that govern the schools … Official
Board action shall be taken only in meetings that comply with the Open
Meetings Act.
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DUTIES AND REQUIREMENTS OF BOARD OFFICERS -President
14.
Upon Board
deliberation on issues of Board concern and after arrival at an official
statement,
serve as the official spokesperson for the Board to the
media and the public.
ADMINISTRATIVE SERVICES AGREEMENT - April 27, 2012 - June 30, 2012 - Floyd Mike Miles-Administrator
- District hereby retains Administrator to perform the administrative services specifically set forth in this Agreement
- District hereby retains Administrator to perform the administrative services specifically set forth in this Agreement
- this Agreement may be amended in writing from time to time
- the purpose of this Administrator Agreement is
to provide administrative services to Dallas Independent School
District’s Board of Trustees and Dallas Independent School District
during the period of April 27, 2012 until June 30, 2012 - Administrator has contractual obligations to District to procure and assemble information as requested by District’s Board of Trustees
- an independent contractor relationship, not an employment relationship
- Administrator shall render services hereunder at such times and places as shall be mutually agreed by District and Administrator
- Entire Agreement. This Agreement embodies the entire agreement
- This Agreement may not be changed except by an agreement in writing
- This Agreement shall remain in effect through June 30, 2012
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DALLAS
INDEPENDENT SCHOOL DISTRICT
ADMINISTRATIVE SERVICES
AGREEMENT
DALLAS
INDEPENDENT SCHOOL DISTRICT
AND
F.
MIKE MILES
This
Agreement is made this 26th day of April, 2012, by and between Dallas
Independent School District (“District”), and Floyd Mike Miles
(the “Administrator”).
WHEREAS,
the Administrator will provide administrative services to District in
the areas of administration and operation;
WHEREAS,
District desires that the Administrator provide administrative
services to District in areas of administration and operations; and
WHEREAS,
the Administrator desires to provide such administrative services to
District under the terms and conditions of this Agreement;
NOW
THEREFORE, in consideration of the mutual promises contained in this
Agreement and other good and valuable consideration, the receipt and
sufficiency of which is hereby acknowledged, the Parties agree as
follows:
1.
Administrative
Services:
2. Compensation
and reimbursement:
In
consideration of the services to be provided by Administrator to
District hereunder, District shall pay to Administrator $1,000.00 per
day for administrative services as specifically described herein. In
addition, the District shall reimburse Administrator for reasonable
travel and other expenses approved and incurred by Administrator in
connection with performing the Services, in accordance with Board
Policy DEE Local and DEE Regulation. District agrees to pay the
actual and incidental costs incurred by Administrator for travel.
Such costs can include, but not limited to, airline tickets, hotel
accommodations, meals, rental car and other expenses incurred in the
performance of business of District. To obtain reimbursement,
Administrator shall submit to the President of the Board, or his or
her designee, an invoice describing services rendered and expenses
incurred under this Agreement. Administrator shall comply with all
policies, procedures and documentation requirements in accordance
with District’s Board Policies and establish procedures, which
shall be subject to review by District’s independent auditors.
District shall pay Administrator invoiced amounts within fifteen (15)
days after the date of invoice.
3.
Independent
contractor status:
The
Parties agree that this Agreement creates an independent contractor
relationship, not an employment relationship. The Administrator
acknowledges and agrees that District will not provide the
Administrator with any employee benefits, including without
limitation
any
social security, unemployment, medical, or pension payments, and that
income tax withholding is Administrator’s responsibility. In
addition, the Parties acknowledge that neither party has, or shall be
deemed to have, the authority to bind the other party.
4.
Indemnification:
Notwithstanding
any other term of this Agreement, Administrator shall indemnify,
defend and hold harmless District, its trustees, officers,
administrators, staff, employees, students and agents and their
respective successors, heirs and assigns (the “Indemnitees”),
against any claim, liability, cost, damage, deficiency, loss, expense
or obligation of any kind or nature (including without limitation
reasonable attorneys’ fees and other costs and expenses of
litigation) incurred by or imposed upon the Indemnitees or any one of
them in connection with any claims, suits, actions, demands or
judgments arising out of this Agreement (including, but not limited
to, actions in the form of tort or strict liability).
5.
Intellectual
Property:
Administrator
understands and acknowledges that District will be providing access
to proprietary and valuable information that Administrator might
otherwise not receive. In addition, Administrator also understand
that should Administrator, in the course of providing Services,
invent or participate in inventing modifications or improvements to
District technology, District reasonably seeks to secure such
improvements for its own use and practice.
6.
Confidential
Information:
(i)
was at the time of disclosure to Administrator part of the public
domain by publication or otherwise; or
(ii)
became part of the public domain after disclosure to Administrator
by publication or otherwise, except by breach of this Agreement; or
(iii)
was already properly and lawfully in Administrator’s possession at
the time it was received from District; or
(iv)
was or is lawfully received by Administrator from a third party who
was under no obligation of confidentiality with respect thereto; or
(v)
was or is independently developed by Administrator without reference
to District Confidential Information; or
(vi)
is required to be disclosed by law, regulation or judicial or
administrative process.
7.
Term:
8.
Miscellaneous
Terms and Provisions:
(a)
Notices.
All notices under this Agreement shall be sent to the following:
To
Dallas Independent School District:
|
Dr.
Lew Blackburn
President
Dallas Independent School District Board of Trustees
3700
Ross Avenue
Dallas,
TX 75204
|
To
Administrator:
|
Floyd
Mike Miles
2575
Heathrow Drive
Colorado
Springs, CO 86920
|
All
notices shall be effective when provided to Administrator by United
States mail, private tracked courier delivery, or confirmed receipt
facsimile, and shall be deemed delivered as of the date of personal
service by such courier or facsimile, or as of the date of deposit of
such written notice in the United States mail.
(b) Legal
validity.
This Agreement shall be governed by and construed in accordance with
the laws of the State of Texas. If any portion or provision of this
Agreement is held unconstitutional, invalid, or unenforceable by any
court of competent jurisdiction, the remainder of the Agreement will
be considered severable, will not be affected, and will remain in
full force and effect. The language of all parts of this Agreement
shall be construed as a whole, according to its fair meaning, and not
strictly for or against either party. The Parties agree that any
disputes shall be resolved or adjudicated in courts of Dallas County,
Texas.
(c)
Entire
Agreement.
This Agreement embodies the entire agreement between District and
Administrator and the Parties acknowledge that there have been no
inducements, promises, terms, conditions, or obligations made or
entered into by either party other than those contained herein. This
Agreement supersedes all prior Agreements between the Parties. This
Agreement may not be changed except by an agreement in writing signed
by the Parties.
- Legal Representation and Understanding. Each party has had the opportunity to consult with counsel prior to executing this Agreement. Further, each party has cooperated in the drafting and preparation of this Agreement. Hence, in any construction to be made of this Agreement, the same shall not be construed against any party. Each party has read this Agreement, understands the content of the document, and has executed it voluntarily.
IN
WITNESS THEREOF, the parties have hereto signed and sealed this
Agreement as of the day and year set forth above.
DALLAS
INDEPENDENT
SCHOOL
DISTRICT
ATTEST:
By:
_____________________________ By: _____________________________
Bruce
Parrott, Secretary Lew Blackburn, Ph.D., President
Board
of Trustees Board of Trustees
Date:
________________________ 3700 Ross Avenue
Dallas,
Texas 75204
Date:
________________________
ADMINISTRATOR
_____________________________
Floyd
Mike Miles
2575
Heathrow Drive
Colorado
Springs, CO 86920
Date:
________________________
Approved
as to Legal Form:
_____________________________________
Sonya
D. Hoskins, Esq.
Special
Counsel to Board of Trustees
Date:
________________________________
