AGENDA ITEM #30 Board Policy 9270 Conflict of Interest at page 367
The Board voted 6-0-1 to approve changes to Board Policy 9270 Conflict of Interest
The purpose of this conflict of interest code is to protect the District’s interests when it is contemplating entering into a transaction or arrangement that might benefit the private interest of a Board member, officer, employee, consultant or volunteer. Board members and designated employees shall annually file a Statement of Economic Interest/Form 700 in accordance with the disclosure categories specified in the District's conflict of interest code.
Board Agenda: ERROR: is listed as starting on page 367 but it actually starts on page 344
at 196:23 (3 hours 16 minutes and 23 seconds) Enrique Vassallo Attorney from Orbach, Huff, Suarez
If the matter involves a Consent Item the Board Member with a conflict does not have to leave the room.
NOTE: CUSD places everything on the Consent Calendar which means that a Trustee with a Conflict will always be able to vote on an item in violation of the intent of Conflict of interest laws. This Board meeting has 31 Items and all but 3 were on the Consent Calendar.
PUBLIC COMMENT ORAL COMMUNICATION
at 26:26 (26 minutes 27 seconds) Dawn Urbanek (Taxpayer) re: Governing by Consent Calendar:
The following is CUSD's statement regarding the purpose of the Consent Calendar:
"CONSENT CALENDAR All matters listed under the Consent Calendar are considered by the Board to be routine and will be enacted by the Board in one motion in the form listed below. There will be no discussion of these items prior to the time the Board votes on the motion unless members of the Board, staff, or the public request specific items to be discussed and/or removed from the Consent Calendar. The Superintendent and the staff recommend approval of all Consent Calendar items."
The following Items should not have been placed onto the Consent Calendar:
Agenda Item #1, 2, 3, 4, 7, 10, 11, 13, 14, 15, 16, 17, 18, 19, 20, 21, 23, 26 and 27
A concerned taxpayer would be required to pull a blue card for each of these 19 Agenda Items to express their concerns otherwise, they are passed without discussion.
at 59:55 Trustee Alpay - Confirms that Agenda Item #20 Proposed 2017-18 and 2018-19 Calendar should not have been on the Consent Calendar. It should have been a Discussion/Action Item. Agenda Item #20 was a 30 minute discussion regarding Parent Conference dates and student interventions. Two Members of the public pull this item as well - Sally White President of CUEA and Michelle Plossel-Campbell a parent.
NOTE: It should be noted that this Agenda Item is on page 344 marked as Exhibit #29 not on page 367 marked as Exhibit #30
at 192:55 Gordon Amerson, Associate Superintendent of Human Resources CUSD
3rd Reading Board Policy 9270 Conflict of Interest
This is the 3rd Reading. The second reading was Oct 26, 2016.
Changes include: including additional employees that are required to file form 700's
Upon approval of the Policy, Staff will bring a resolution to the Board which will be filed with OC Board of Supervisors will approve
There will be a Board workshop in January regarding Form 700's
at 194:22 Attorneys Orbach, Huff, Suarez
at 194:41 Trustee Reardon
Review what has changed since the second reading.
at 195:53 Enrique Vassallo of Orbach, Huff, Suarez
At the last meeting they discussed what Board members who have a potential conflict need to do.
It has been determined that there are Board members that ha financial interests which are potential conflicts
When a Board member has a financial interest- they have to Disclose the interest, recuse themselves and then leave the room while the matter is discussed.
What happens when a Board member is a member of a non-profit?
at 195:59 Superintendent Kristen Vital
We need clarification on when a Board member with a conflict needs to leave the room.
at 196:23Enrique Vassallo of Orbach, Huff, Suarez
If the matter involves a Consent Item the Board Member does not have to leave the room.
at 196:45 Trustee Reardon
Example if I live in a Mello Roos district and the Board is voting on an assessment - I as Trustee need to leave the room.
Example if there is a contract on the consent calendar that I have no financial interest in, I can stay
at 197:08 Kristen Vital
If a Trustee has a financial interest- real property interest
at 197:26 Enrique Vassallo of Orbach, Huff, Suarez
Each case has to be reviewed individually which is why the Trustee has the obligation to disclose any potential conflicts
at 197:13 Kristen Vital
If a Trustee has a financial interest- real property interest
at 198:29 Trustee Reardon Moves the Item. Trustee Hatton-Hodson 2nds the motion
Trustees Vote 6-0-1 to Approve the Changes to Board Policy 9270 Conflict of Interest.
ANOTHER POTENTIAL CONFLICT OF INTEREST FOR TRUSTEE HATTON-HODSON
at 200:50 Trustee Lynn Hatton-Hodson pulled Agenda Item #2
Out of an abundance of caution Trustee Hatton- Hodson recused herself from voting on Agenda Item #2 Purchases Orders, Commercial Warrants and Previously Approved Bids and Contracts
at 201:10 Trustee Reardon asks Trustee Hatton-Hodson to clarify the Conflict
There is a company in there that I know and their logo is on our website, There is no financial gain.
The Board passed agenda Item #2 with Lynn not voting.
There are actually two companies Trustee Hatton-Hodson has a conflict with; Flippin Group and Fagen Friedman & Fulfrost LLP - Both companies are Partners with Lynn Hatton-Hodson's company InnovateED in Systems Leadership Collaborative.
CUSD's contract with the Flippin Group and Fagen Friedman & Fulfrost LLP is actually under Agenda Item #3 which Trustee Hatton-Hodson did not recuse herself from.
Agenda Item #3 pages 57 - 139 contains contracts the CUSD is approving at the November 16, 2016 meeting.
CUSD's contract with the Flippin Group is on pages 67 - 71.
CUSD's contract with Fagen Friedman & Fulfrost LLP is on page 76.
Trustee Lynn Hatton - Hodson owns a company, InnovateEd that is in the education field and provides professional development services to the education community.
InnovateEd is part of Systems Leadership Collaborative. Systems Leadership Collaborative, is led by ACSA, Fullan, InnovateEd, The Flippen Group, and Fagen, Friedman and Fulfrost.
Trustee Hatton-Hodson failed to disclose her business interest in InnovateEd, Systems Leadership Collaborative and LCAPca on her form 700's. At the same time her business has grown from under $1 million dollars as stated on previous form 700's to its present $2.4 million because of her relationship with these firms and the EdTech companies they promote through Conferences and Professional Development Opportunities..
Trustee Hatton-Hodson is under investigation for possible Conflict of Interest
Letter to District Attorney:
Fair Political Practices Complaint:
On August 30, 2016 the Capistrano Unified School District held a Special Board meeting to discuss potential conflict of interest charges alleged against Trustee Hatton-Hodson based on a $10,000.00 payment CUSD made to ACSA/Foundation for Education for membership in Systems Leadership Collaborative.
The Board Agenda can be seen at this link: http://capousd-ca.schoolloop.com/file/1218998819331/1455438848279/7729939247661584722.pdf
The Board Audio can be heard at the following link: http://cusd.capousd.org/cusdweb/audio2016-17.html
As a Trustee, Lynn Hatton-Hodson makes decisions on curriculum and technology spending for the Capistrano Unified School District. The fact that these business relationships were not disclosed, call into question some of CUSD's decisions regarding curriculum, and technology
Capistrano Unified School District Trustee Lynn Hatton- Hodson owns a company called InnovateEd along with her partner Jay Westover.
web site: http://innovateed.com/
InnovateEd is in a partnership called LCAPca with ACSA (the Association of California School Administrators) and Progress Advisors.
web site: http://www.lcapca.com/expert-help.cfm