DPS board stuffing money in their pockets

thumbnail of DPS rejection-letter

Brian Wildermuth either didn’t present my offer to the board, or he did illegally. Click to download PDF

On May 22nd, I offered to settle the lawsuit over the Sunshine Law violations of the public body, “school closing task force” on this blog and in writing to the City and the School Board.

This requires the attorney’s to take the offer to the school board. I go to board meetings, I watch the agendas. There has been no discussion of legal issues mentioned in the executive session briefings since I made the offer.

On June 2nd, I got a letter of rejection from the school boards lawyer of my settlement offer.

This means that either they illegally discussed it in executive session, of which they’ve had two meetings this week, both, “Special Meetings” and both about personnel. The meeting on Friday was just over the change of contract for board attorney Jyllian Bradshaw. This was 4 days after another special meeting- called for the budget presentation and a bunch of HR Changes- without public input, including the travesty of paying Erin Dooley less than Wyetta Hayden for a similar position.

Either Brian Wildermuth broke the law by not presenting the offer to his client, or Bradshaw and Lolli broke the law by not presenting it to the board, or someone illegally polled the board about the offer.

thumbnail of Esrati.Bills Redacted.042518

Invoices from Subashi & Wildermuth for “protecting” the school board from a violation of the Sunshine laws. Click to download PDF

In the meantime, the board has already spent $12,500+ defending themselves- and lost the first round.

thumbnail of Human Resources-Jyllian Change of contact

It cost taxpayers $625+ to have the board come in for a special meeting to vote on this.

But, those two “special meetings” this week- cost the taxpayers too. The meeting about the budget seems to be an annual thing- why the treasurer can’t have the numbers at the regularly scheduled business meeting like every other school board in Ohio is a mystery- and why they had so many personnel issues that couldn’t wait- is one thing, but to call a board meeting just to change Jyllians Bradshaws title?
REALLY?

You see, each board member collects $125 per meeting, plus mileage. So having these five idiots come in for one vote on Friday cost you $625 plus mileage:

Motion by Mohamed H Al-Hamdani, second by Karen Wick-Gagnet.
Final Resolution: Motion Carried
Yes: Mohamed H Al-Hamdani, William E Harris Jr, Sheila J Taylor, Karen Wick-Gagnet
Abstain: Robert C Walker

Why there isn’t outrage over this I don’t know. The rule of “P’s” should apply- Prior Planning Prevents Poor Performance.

And if you are wondering about the pay?

Here is the section of Ohio Revised Code on school board compensation:

(A) Each member of the educational service center governing board may be paid such compensation as the governing board provides by resolution, provided that any such compensation shall not exceed one hundred twenty-five dollars a day plus mileage both ways, at the rate per mile provided by resolution of the governing board, for attendance at any meeting of the board. No member of an educational service center governing board shall receive in compensation under this division a total amount greater than five thousand dollars per year for service on the governing board. Such

Source: Lawriter – ORC

The lawmakers had to make the change and add a cap, because of idiots like the former DPS board who were scheduling meetings almost weekly and stuffing their pockets. Normal school boards meet at most twice a month. DPS finds a way to meet almost weekly, often times hitting the cap in August- meaning all the meetings after that are unpaid.

And on June 12, they are going to meet again- to give Erin Dooley a supplemental contract to fix the last oversight- and to hire yet another expensive PhD $117,040  to oversee the office of exceptional children. Dr. Angela Nichols is coming from the Lebanon City Schools. Because, well, you can never have to many PhDs in education.

There are also some inconsistencies in the supplemental contracts- with Dr. Donetrus Hill getting a premium double supplemental for $5,200, maybe because his title is longer “Chief of Curriculum, Instruction, PD ?Math/Science”

Still no word as to who the principal will be at Belmont, although former DPS superstar principal David White just got moved in Trotwood from High School Principal to Junior high principal- and it wouldn’t surprise me if he made a return, with some kind of secondary responsibility as “head of discipline” to justify a boost in DPS pay to come closer to what he makes in Trotwood.

Both the men’s and women’s basketball coaching positions at Dunbar are still up in the air. The women’s team hasn’t been playing in summer ball, thanks to the indecision by new AD Shawna Welch. Coach Jim Cole was “coach of the year” last year- which in DPS doesn’t mean anything. He’s basically built this program from nothing to a winner in 3 years.

Of course, the question is, will the board try to vote in a review session, as has been the case forever. That’s why we have “business meetings” and there is time for public input- but, hey, that would be following the rules, and they just don’t like to do that.

And, for tomorrows meeting, the agenda does have them going into executive session to discuss legal matters… maybe they will get smart and settle, before they buy Wildermuth a new boat.

 

Esrati offers to settle case vs School Board and City on illegal school task force meetings

thumbnail of Esrati.Bills Redacted.042518

Subashi and Wildermuth have billed the Dayton Public Schools $12,500 so far for Libbie Lolli and her boards ignorance of the Sunshine Laws. Click image above to download PDF

The School Board has spent $12,500 of their money defending themselves, to claim that they are entitled to have illegal secret meetings about closing schools in Dayton. The City, using their own attorneys has probably spent about a quarter of that.

There is no question that the task force was a public body, according to the judge, the evidence, all captured on video by David Esrati, is clear, that the task force did meet in their mobile yellow meeting room at the four schools, and the board HQ. All you need to do is watch the video.

So today, I extended the following offer to settle:

Settlement of Esrati vs City of Dayton et al

Hi Brian and John,
I tried calling Brian to make this offer- however his cell phone just disconnects when I call.
To date, the schools have spent $12,500 with Mr. Wildermuth to try to defend those without a defense.
I can’t guess what the city has invested.

Before we go to the expensive part, I’m offering to settle if the parties admit guilt, and that they clearly violated the sunshine laws in the school task force case, on numerous occasions.
First on Jan 9, with the meeting that ended up being cancelled.
Second on Jan 24, when both Mims and Al Hamdani claimed they didn’t have to do this in public.
And multiple times on the day of the tour- where I count Valerie, Meadowdale Elementary and Meadowdale High School, Wogamen and the HQ building- each as a separate meeting.
Basically- each stop of the bus.
Take those 7 violations- x $500 and then the question becomes is the organization liable or the individual violators?
If we just say the City and the School board are liable- it comes to $5K plus my court filing fees ($360)
If we do it per elected member of the task force- it comes to $10K.
Still, cheaper than the $12,500 the schools have already paid Mr. Wildermuth for this case.
And, cheaper than what the schools had to pay back to OHSAA in his other case that he “won.”

The caveat is, with their acceptance of guilt, the 4 elected officials (Harris, Al-Hamdani, Walker, Mims) would be referred to the Ohio Auditors Open Government Unit for evaluation on removal from office. Seeing that I’ve yet to find a single instance of a public official being removed from office in the State of Ohio for violations of the Sunshine laws, they should have nothing to worry about.

The Sunshine laws are here to protect us all, they shouldn’t be used by lawyers to put their kids through college. There is absolute evidence that discussions did take place on the bus, questions were asked, and video and audio recording equipment were banned, as well as non-compliance with notification of this event, and evidence that School Employees willfully suggested that communications not be conducted via email to hide these proceedings from public scrutiny. You will not win this case in court, or in the court of public opinion.

I am open to a counter-offer on the settlement amounts, however, let us be clear, that the average citizen wouldn’t have the capacity to fight this case, making it unlikely that I’m going to have invested this much time and energy and money, to allow you to be the only winner (Mr. Wildermuth).
The people of Dayton deserve better.
And I don’t take on battles that I will lose.

In the meantime, the case is scheduled for court on Aug 1, 2018

The dirty on the District: DPS still can’t get it right

Apparently, without board approval, the board or Superintendent has hired Burges and Burges out of Cleveland- to do a survey of the perception of the district. This expenditure was NEVER listed for approval on any board agenda.

The survey started today. They are asking for people to respond to a 15-20 minute phone survey.

As if that wasn’t enough hocus pocus for one week- after already screwing with Valerie Elementary School- one of the few schools with a really strong parental involvement- this came through NextDoor.com

Ruskin Families: Some of you may be unaware but the Superintendent and Board are trying to terminate Ms Dearwester as Ruskin’s Principal. We are asking everyone to show their support by attending the Tuesday April 17 DPS Board meeting at 5. If you would like to speak you have to sign up by 4:45. People are wearing orange and black to show support. Please come and show your support for Our Principal!! Thank You

Ruskin is another school that has strong parental involvement. The only two left to screw with are Rivers Edge and Horace Mann. I’m sure those are up next in the grand plan to destroy the district.

Note the comment about showing up early to register- they are now requiring people to sign up at least 5 minutes before the meeting- and stipulate if it’s an agenda item or not- and limiting the number of non-agenda item speakers.

I don’t see any mention of Dearwester on the agenda, but, they are going into executive session about someone.

Other items of note- they are increasing the amount of money they are allocating to SUBASHI & WILDERMUTH:

Increase $50,000 to provide legal services to the district for various legal matters on an as needed basis for the 2017-2018 school year. Originally approved on June 2017 board agenda Board Agenda: April 17, 2018 $ 175,000.00 PR028544
Brian Wildermuth is the attorney on my case and on the Dunbar Basketball case and the Craig Jones case.
Word is from OHSAA that if the board doesn’t agree to pay OHSAA legal bills for that exercise, and fire a few people, Dunbar and or DPS may not be playing in any high school sports sponsored by the state.
thumbnail of Settlement Agreement and Release — DNK Architects

Click to download PDF

The board is also getting $1.5M from a settlement with DNK architects for a quit claim on the failures of both Wogamen and Louise Troy buildings. This is based on a contract from 2002.

Maybe Rev Harris will actually get the first vote correct on the acceptance of a resignation tomorrow. He’s failed every single one since he’s taken his seat.

DPS Chaos and the secret agenda Lolli won’t tell you about

Interim Superintendent Libby Lolli likes to show projections of declining enrollment predicted by consultants as the driving force for “rightsizing” the district.

Don’t believe a word that comes out of her mouth.

If you want to know why enrollment is dropping, and will plummet after her grand plan is implemented (if it even can be) is that the parents are tired of being shuffled around like playing cards.

I’ve said it before, the enrollment drop started when outgoing Superintendent reconfigured buildings at the last minute to create the three middle schools. Parents at high performing K-8 Schools like Horace Mann, Eastmont, Wright Brothers, Eastmont, Valerie were unhappy about having to send their kids to the three new middle schools: Wogaman, EJ Brown and Wright Brothers. Then we added 7-8 to Belmont and Meadowdale HS. Then, the next year, we went to 4 bell times- screwing with bus times for parents with multiple kids in different schools. No warning, no planning, no discussion. You could have to get kids ready at 4 different times. Hello?

Lolli obviously likes Junior High Schools- because she’s willing to gut both the Girls academy and Dayton Boys Prep- by scrapping their 7-8 as well.

The only school and parents she’s wise enough to leave alone is Stivers.

But, that’s only half the crazy-train.

Obviously, Lolli doesn’t understand how we managed to lift the deseg order- with open enrollment. Now, she’s going to start by closing Valerie Elementary- move it over to the Meadowdale elementary building, rename it Valerie, and then scrape Valerie. OK- no problem with that- except, she’s going to tell Meadowdale parents- you have to send your kids to the building closest to your home- while, not? telling that to Valerie parents? Can we say discrimination? Or, tone deaf? Take your pick.

We knew from the get-go that Valerie was a goner- it’s the oldest building in the district except for Stivers- that needs major renovation. And, closing it isn’t the end of the world, nor is the middle school plan- except that it probably guarantees losing at least another 500+ students overnight to charters or moving out of the district or vouchers.

CJ is saying THANK YOU very much.

But, the other moves- closing Jackson Center, which the district just reopened to move the Longfellow kids to, is a flat out handout to the Dayton Metro Library who just found out the people who own the former Delco site across the street aren’t giving them the land for free. $50K an acre hurt their pocketbook too much– so they’ll just move across the street to Jackson Center site- and pay to scrape the building for the district. Remember, library director Tim Kamblitsch was on the task force… now you know why.

The other plan is to move HQ from Ludlow 1 to Ludlow 2. Ostensibly, this is because Ludlow 1 needs $2m in HVAC repairs and is too costly to maintain. Sheila Taylor was almost in tears about losing the “community room” – board room, which DPS employees built with their own hands. Hint- you wouldn’t need such a big room if you didn’t keep screwing up and causing the entire community to come down to scream at you.

Moving the 150 odd people across the street will still have costs, but, don’t worry, just like Jackson Center, they’ve got someone who wants that land and parking lot behind the building… can anyone spell S-I-N-C-L-A-I-R. I can. And you can bet your last dollar that they get it for a steal. As to parking for DPS staff, don’t worry- the district owns the lot down Ludlow past 3rd Perk and the old Avenue Lounge- a block away.

And, we’ll move the 20 or so hard core troublemakers who were doing drill and fill online “learning” as an alternative to suspension, into Ludlow 2 with the HQ staff should keep things interesting. Considering Ludlow 1 implemented key card access on the elevators to the upper floors- for security, how wise is it to bring our most troubled kids into the HQ?

Speakers at the meeting tonight all got to talk as long as they want, except me. Rev Harris thought he’d try to infringe on my 1st Amendment rights and interrupt me and called for my removal. Director of Security Richard Wright made a show of coming out to do Harris’s dirty work, but as a former Dayton Police Officer who knows the law, and knows my record on winning lawsuits, didn’t take it past belly bumping. Kudos go to new School Board Member Jocelyn Rhynard for stepping up and saying she’d like to hear me out, and that I should have the right to speak. A teacher told me that Al-Hamdani also said something to that effect, but I didn’t hear him. Rhynard scores points. McManus, who should know better just sat there like a stupid caricature from central casting as a stuffed suit. Very disappointed in the man who wanted to be president and is vp.

Standing in the back of the room was Brian Wildermuth, the board lawyer who is managing my case and billing them out the wazoo. He was probably there to meet with them in Executive session to discuss his loss in the former treasurer Craig Jones case. The board will have to decide to appeal, to pay Craig, or to hire him back. Wildermuth will tell them to appeal so he can keep milking his cash cow.

Lolli making a presentation on rightsizing the Dayton Public Schools District with input from the illegal task force

Lolli tells everyone that the Task Force weighed in on the issue

Judge Skelton set a hearing in my case for Thursday at 3pm. The only two issues to be addressed will be is the task force a public body that had input and did they have a secret meeting. Considering Lolli put up slides including the task forces input, the first issue is now resolved. The second issue has video tape- and unlike the tape of the Dunbar Thurgood brawl, this video is crystal clear. Wait for the ruling that they violated the Sunshine laws- and then apply this rule to the issues of “Right Sizing:”

From ORC 121.22

(H) A resolution, rule, or formal action of any kind is invalid unless adopted in an open meeting of the public body. A resolution, rule, or formal action adopted in an open meeting that results from deliberations in a meeting not open to the public is invalid unless the deliberations were for a purpose specifically authorized in division (G) or (J) of this section and conducted at an executive session held in compliance with this section. A resolution, rule, or formal action adopted in an open meeting is invalid if the public body that adopted the resolution, rule, or formal action violated division (F) of this section.

Section F:

(F) Every public body, by rule, shall establish a reasonable method whereby any person may determine the time and place of all regularly scheduled meetings and the time, place, and purpose of all special meetings. A public body shall not hold a special meeting unless it gives at least twenty-four hours’ advance notice to the news media that have requested notification, except in the event of an emergency requiring immediate official action. In the event of an emergency, the member or members calling the meeting shall notify the news media that have requested notification immediately of the time, place, and purpose of the meeting.

The rule shall provide that any person, upon request and payment of a reasonable fee, may obtain reasonable advance notification of all meetings at which any specific type of public business is to be discussed. Provisions for advance notification may include, but are not limited to, mailing the agenda of meetings to all subscribers on a mailing list or mailing notices in self-addressed, stamped envelopes provided by the person.

They will fail the above tests, and the whole process will be dead in the water. And the question is if the next level penalty will be applied:

(4) A member of a public body who knowingly violates an injunction issued pursuant to division (I)(1) of this section may be removed from office by an action brought in the court of common pleas for that purpose by the prosecuting attorney or the attorney general.

It is my hope that Open Government Unit of the State Attorney General decides that the actions of the elected officials who continued to meet, despite multiple warnings, warrants their removal and Mohamed Al-Hamdani, Jeff Mims, William Harris and Robert Walker all find themselves out of office.

Time will tell.

 

 

 

Kids get punished for stupid adults: Dunbar BB forfeits playoff game and season ends

Because Dayton Public Schools doesn’t hire professionals, act professionally, follow procedure, pay attention, get the details right, etc. The Dunbar Boys Basketball team just learned that they had to forfeit their win on Monday Feb 26th in the tournament vs. Thurgood Marshall- giving Thurgood a  shot to the division II playoff game against Bishop Fenwick on Sunday March 4th at UD Arena.

Apparently the Ohio High School Athletic Association, who still is keeping a close eye on the district after the Dunbar/Belmont thrown game fiasco, got wind that players who were involved in the brawl at the Thurgood/Dunbar game a while back- weren’t punished, the school gets punished now.

Why does District Athletic Director Mark Baker still have a job? Why was it a good decision to unceremoniously remove Pete Pullen, one of the winning-est coaches in Ohio High School Basketball history to replace him with rookie Chuck Taylor?

At what point will the people who make these command decisions- the Superintendent and the Board, be held accountable?

Because this isn’t good for the kids. It’s not all about the kids. It’s just a string of failures to which there is no end in sight.

It’s time to cut losses. You now have a fireable offense to use to terminate Mark Baker’s contract. You have reason to fire Chuck Taylor. You have a reason to fire Dunbar Principal Crystal Phillips- after all, this is her second failure to implement policy. But then what? The people downtown STILL don’t seem to understand what it takes to run a school district.

In other district news, former treasurer Craig Jones won his appeal on his case against the district on wrongful termination. The thing that caught them was their failure to properly follow the Sunshine laws for notification of their impending planned action in executive session. The board hired the same lawyer as they have on my sunshine case, Brian Wildermuth of Subashi & Wildermuth. He’ll soon have another loss on his hands.

Maybe they need a better lawyer too, in addition to a Superintendent, Athletic Director, Principal at Dunbar, Basketball Coach at Dunbar…. the list goes on.