Showing posts with label Eric Cowan. Show all posts
Showing posts with label Eric Cowan. Show all posts

Thursday, September 19, 2013

Waiting for a Superintendent - no excuses reformers always excuse themselves

"... lack of accountability has corroded public respect"

There is a full court press now on to prevent the Dallas ISD Board of Trustees from holding Superintendent Mike Miles accountable for the damage he has done to Dallas ISD and himself - self-inflicted damage.

No excuses reformers are often ready to excuse themselves. The rules don't apply to them. Wrongdoing is merely swept under the rug and covered up.

Some Trustees are being pushed to ignore their governance responsibility to hold the Superintendent accountable for the numerous serious issues raised in recent internal and external investigations.  

Yet, no other Dallas ISD employee would be allowed to obstruct or interfere with an ongoing internal investigation of their conduct or contact important witnesses and remain a staff member.

No other employee would be allowed to publicly damage the Superintendent of Schools or Board of Trustees by plotting and carrying out 'a plan' to disparage the Board - "to assist Smelker with the drafting of a resignation letter that was negative toward the Board in order to generate positive publicity for the Superintendent Miles and negative publicity for the Board."  - using district resources and the help of other district employees. (footnote 31 - page 46)

No other employee would be allowed to refuse to be interviewed or cooperate with an internal investigation when that employee is the subject of the internal investigation.

No other employee who is the subject of an internal investigation would be allowed to read everyone else's notarized statements.

No other employee who is the subject of an internal investigation would be allowed to take over all evidence and have internal legal staff copy and review it all for the purpose of discovering if there is anything that will stick.

No other employee would be allowed to set their own terms and escape serious consequences for 'troubling' violations of district standards of conduct.

No other employee would be allowed by Superintendent Mike Miles to simply pass on through and reset their own button.

In fact ...
  • no excuse would be accepted. 
  • no pass would be given.
  • no button would be reset. 
  • no second chance would be considered without serious consequences.
But then most employees don't have ... 
  • political connections.
  • an overreaching Mayor unethically meddling in the affairs of an Independent School District and trying to interfere with the authority of an elected school board. (There is no Mayor in the Texas Education Code - only Trustees.)
  • plutocrats and wealthy sponsors and patrons protecting them.
  • newspaper editorial writers making excuses and blaming others.
Former U.S. Attorney Paul Coggins stated:
"This outside investigation would never have taken place if Superintendent Miles had followed the advice given him by at least three District officials to allow the underlying OPR (Office of Professional Responsibility) investigation to go forward."
In other words, it was not necessary for Trustees to spend up to $100,000.00 on an external investigation. Superintendent Mike Miles simply needed to "follow the advice given him by at least three District officials."  

The suspended OPR Final Report also mentioned problems with staff attorneys carrying out the orders of Superintendent Mike Miles:
Don Smith-OPR Director-page 36 - "I also requested that the direct intimation of Dallas ISD General Counsel's Office and attorneys be excluded from any action in the personal investigation of the Superintendent, as this legal service is a benefit not available to other employees in the District regardless of position or title during an OPR investigation.I stated that this is a misuse of District resources and a means of intimidation to OPR employees doing their job."
Attorney Paul Coggins also stated:
"... for a target of an investigation to suspend the investigation raises troubling issues, and any damages to Superintendent Miles' standing with the Board, the District or the community at large were self-inflicted." (p.5) (Also "... troubling documents" that had a "troubling appearance" ... p. 26)
footnote 16 - page 28 - "(Justin) Coppedge provided a statement to OPR that, on June 14, Superintendent Miles explained his decision to pull the RFP from the agenda stating "there is a political nature to the district that has to be considered and there is nothing wrong with approving vendors who have influence in the community ... According to Board policy, political influence is not one of the factors that can be considered in awarding a contract (CH (LEGAL) ... (Rebecca) Rodriguez had a similar recollection, but Superintendent Miles denied making this statement."
Superintendent Mike Miles owns total responsibility for the "troubling issues" raised by his inexcusable refusal to take very good legal and professional advice to simply follow established internal investigation procedures.

Instead, Superintendent Mike Miles followed his path of fear and intimidation, and demanded that staff follow his orders to interfere with an ongoing internal investigation.

No one made Superintendent Mike Miles reject very good advice. 

There is no shared responsibility for his own flawed conduct. 

He alone is responsible.

The Coggins external investigation found that there is "good cause" for dismissal of Superintendent Mike Miles.

The clear duty of  elected Trustees is to protect Dallas ISD from further harm and damage "for the good of the district."
17 We watched and watched, wore our eyes out looking for help. And nothing. We mounted our lookouts and looked for the help that never showed up.

Would Mike Miles tolerate a subordinate who conspired to undermine him? - 9-10-13

Saturday, July 20, 2013

Dallas ISD OPR Report alleges Superintendent Mike Miles obstructed investigation


The Office of Professional Responsibility Report started with the complaint of former Chief of Communications, Rebecca Rodriguez.
"Superintendent of Schools, Floyd Mike Miles used 'undue influence' by pulling an agenda item from the June13, 2013 monthly Board Briefing. Ms. Rodriguez stated her concern was the agenda item was pulled because the vendor who was awarded the contract per Request For Proposal TH-204031 was not Mike Miles' favored vendor."
At some point the Office of Professional Responsibility appears to have added an additional item alleging obstruction of the investigation by Superintendent Floyd Mike Miles.

 Alleged Obstruction of OPR Investigation
  • Contacting Potential Witnesses to Discuss Case Facts and Allegations
  • Suspending the Investigation and Taking Custody of All Investigative Files
The Office of Professional Responsibility (OPR) report states on page 35:
On June 26, 2013 in a phone call from Mike Miles to Donald Smith, Mike Miles stated he had two concerns ...
"The first concern was talking about suspending the OPR report by going to Board of Trustee (BOT) president Eric Cowan. The Superintendent stated the BOT does not direct you and that "going to the BOT was bad form." The Superintendent stated that this was the second time doing it (reference to May 17th meeting concerning the merger of Internal Audit and OPR."
"The second concern stated by the Superintendent was "the manner in which OPR was conducting investigations." The Superintendent stated that DeeDee (the Superintendent's executive administrative assistant) was called in by OPR and the Superintendent stated, "I do not want that done." Cannot have a secretary called into an investigation as this is "not appropriate as she sees my coming and goings." Superintendent continued saying this is "overreach and not appropriate." He said maybe if criminal, yes." The Superintendent said that oversight of OPR "you need to see how I am going to run OPR." "No checks and balances on OPR." The Superintendent continued saying, " We need OPR from the beginning I have said no big brother and divisive to group." "Overreach of OPR not just because of this case." "Very disappointed must be on same page." "Chain of decision making - I (meaning Superintendent) am clear on organization chart." "You need to follow my guidance." He then stated that BOT Eric Cowan had spoken to him today at approximately 8:00am and stated the investigation was in "suspense for now" this will allow attorneys Jack Elrod and Lisa Ray to "look at it and read it.
"The Superintendent then directed me to give them (Elrod and Ray) all documents to read. The Superintendent then asked do you have any questions. I responded, "No sir." Superintendent then cautioned me to inform him if I call a BOT member other than for "Casual conversation." Superintendent then asked if I understood and I stated "yes."
 "At 8:55 I informed the superintendent that BOT Eric had requested a copy of the draft OPR report. The Superintendent responded, "Give to Jack for attorney client privilege." I explained to the superintendent that this was the first time OPR had ever given any documents to legal services while an investigation was in progress. The Superintendent stated that he and legal would interpret CAA (Local)."
Page 36 - "Because of the superintendent's second phone call I called Board President Cowan and stated that my independence in this investigation was very questionable from hereon as the Superintendent had already placed a tacit limitation on the investigation by requiring that the investigation be conducted in a discreet manner.  I asked for outside independent legal counsel work with OPR along with OPR's current attorney Robert Luna, P.C. I also requested that the direct intimation of Dallas ISD  General Counsel's Office and attorneys be excluded from any action in the personal investigation of the Superintendent as this legal service is a benefit not available to any other employee in the District regardless of position or title during an OPR investigation. I stated that this is a misuse of District resources and a means of intimation to OPR employees doing their job. I recommended that Board President Cowan call attorney Robert Luna for guidance. Cowan said he could and would get back with me."
 Referral to Outside Agency

"At the direction of the Dallas Independent School Board's President, Eric Cowan, the OPR investigation of Mike Miles will be referred to outside legal counsel for further investigation."

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This is the first time I have heard of the Office of Professional Responsibility alleging that an investigation has been obstructed by a Superintendent and further accusing the Dallas ISD General Counsel's Office and attorneys of intimidating OPR employees doing their job.

The OPR investigation had developed a significant  amount of information.

The report appears below.

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