Breaking: New Superintendent and Board of Education Usher in New Era of Transparency

 April Fools

~~~

Today, the Maryland Open Meetings Compliance Board issued an official opinion that found the Montgomery County Board of Education violated the Maryland Open Meetings Act during a Closed Session on September 26, 2024, when they discussed the acquisition of diesel school buses for $13.9 million dollars. 

This blog reported on this presumed violation on January 9, 2025, along with other irregularities in the procurement.   

Same old, same old at the Montgomery County Board of Education.  

We will have more on this, including how not only did the Board of Education violate the Open Meetings Act, but how they spent thousands of dollars in outside legal time to defend their violation in multiple responses to the original Complaint I filed on January 9, 2025.  

For now, here is today's Opinion: 

19 OMCB Opinions 070 Montgomery County Board of Education VIOLATED Open Meetings Act by Parents' Coalition of Montgomery County, Maryland on Scribd

An MCPS spokesperson did not answer questions about Navarro’s compensation or her start date. [Navarro already refusing to answer questions about her position.]

Superintendent McKnight hires Nancy Navarro as senior adviser for external affairs at MCPS

...Janis Sartucci a member of the Montgomery County Parents Coalition, an advocacy and MCPS watchdog group, said that the hiring was “shocking” and brings into question the priorities of the school system.

Members of the MCCPTA did not immediately respond to MoCo360’s request for comment.

“We’ve seen other superintendents … that would bring in consultants, advisers, mentors and to be honest, we always have the same question: Why are those positions more important than classroom teachers? Is that what it means to fund an education system?” Sartucci said.

She continued that some teachers don’t have enough resources to buy classroom supplies.

“I think a lot of the public, the voters might think when they fund education, they’re funding classrooms and teachers and school buildings. Yet the reality we see is we’re funding administrators, consultants, mentors. And I think that’s where we need transparency.”

At this time, it is unclear how much Navarro will be paid in this new position. An MCPS spokesperson did not answer questions about Navarro’s compensation or her start date.

Sartucci added that another concern was that it appeared to her that McKnight hired Navarro without bringing the hire to the Board of Education. MoCo360 inquired about this concern with an MCPS spokesperson, but they did not immediately respond on Wednesday evening and Monday morning by email.

“We prefer to see as much transparency as possible so the public can be involved and make their own decisions on what is in the best interest of the school system and what the voters of Montgomery County want,” she added.

A blog post on the Parents’ Coalition’s website has also compiled a list of past issues the group has documented while Navarro was a school board member and County Council member. Some issues include not allowing a student to enroll at MCPS, violations of Open Meetings Act and closing special education programs.

MoCo360 was unable to reach members of the school board by phone and left a message with the board’s office secretary. When reached for comment, Navarro directed questions to MCPS spokesperson Chris Cram.

Cram did not answer questions about Navarro’s employment on Monday and on Wednesday evening...

Nancy Navarro hired as MCPS' senior advisor for external affairs | MoCo360

Exclusive Video: Board of Ed and Annapolis Delegation Discuss Construction, Solar Panels, Interrupted Education, Equity and More

Today, the Montgomery County Board of Education met with some members of the Annapolis Delegation. The Agenda for this meeting is at this link.

The Board of Education does not video tape this meeting and does not record minutes for this meeting.  These meetings are open meetings under the Maryland Open Meetings Act and the public is welcome to attend and record these meetings.  

This video tape represents the last 40 minutes of today's meeting.  The video includes the end of the formal presentation, and the question and answer session.  

These are very interesting discussions.  Unfortunately, the Board of Education does not make these discussions available to the public.  In fact, as you will see in this video, the Student Member of the Board went so far as to stand in front of the camera as some sort of juvenile attempt to disrupt the recording of this meeting. The Montgomery County Board of Education is still hostile to the concept of Open Meetings.

BOE Will Not Post Off-Camera Breakfast with Council. Council Posts Mtg, But No Agenda

Tuesday, October 20, 2015 
9:45 BREAKFAST MEETING
with Board of Education (6th floor Council Conference Room)

 http://www.montgomerycountymd.gov/council/resources/files/agenda/col/current_agenda.pdf

This is an OPEN meeting.  The public is welcome to attend and observe this meeting of the Board of Education and the County Council.  

Board of Education Violates Open Meetings Act. Again. And Again. And Again. And Again...

The Montgomery County Board of Education has been cited for another violation of the Maryland Open Meetings Act.

Previous violations here (2009), here (2009), here (2011), here (2011), here (2011), and here (2011).

The Maryland Open Meetings Compliance Board provides a free, online training program for board members and members of the public.  How many of the Montgomery County Board of Education members have taken this online training?

On January 5, 2015, the Maryland Open Meetings Compliance Board issued an Opinion citing the Montgomery County Board of Education for another violation of the Maryland Open Meetings Act.

   2015 January Montgomery County Board of Education by Parents' Coalition of Montgomery County, Maryland

Exclusive: County Council Agenda for Today, Mon. Jan. 12, 2015

It seems odd, doesn't it, that you have to come to a parent group's site to find out what the Montgomery County Council is doing as a public body this afternoon?  But, that's where we are folks!

Credit: Zopeuse

The Montgomery County Council did not put up the Meeting Notice or Agenda for today's Council Retreat at the Rockville Library.

The meeting is being held off-site, off camera, and there is no meeting notice on the Council website today.   If the retreat was purely social, the Council would not have had to notice the meeting.  However, as the just obtained (12:53 PM) Agenda shows, this is a business meeting and the public is entitled to attend and observe the deliberations and decisions of this public body this afternoon.

Head on over to the Rockville Library this afternoon and ask the front desk where the County Council is hiding.  There are meeting rooms upstairs, accessible by the interior elevator. Here's what the Montgomery County Council will be discussing.

 

   Montgomery County Council Retreat Agenda by Parents' Coalition of Montgomery County, Maryland

TODAY at 1 PM: County Council Off-Site, Off-Camera, No Agenda Meeting

Happy 2015!

It's a new year with a new County Council President and new Councilmembers!  We can now see how this session of the Council is going to roll.

Credit Zopeuse

Today the Montgomery County Council is meeting at 1 PM at the Rockville Library. 

They are meeting off-site, off-camera and there is NO AGENDA and NO LOCATION shown on their public website.  In fact, today the Council's public website doesn't even reference this meeting.  The Parents' Coalition just happened to have caught the reference to the meeting on an earlier agenda calendar of upcoming meetings.  Now that reference has been deleted from the Council website.

Any guesses at to what they will be doing at the Rockville Library today?  Better yet, want to take some guesses about how much "work" they are going to do behind closed doors this year since the Maryland Open Meetings Act is clearly not a priority for this Council's session!

Cell tower committee violated Open Meetings Act

The Prince George’s County Telecommunications Transmission Facility Coordinating Committee violated the Open Meetings Act by not taking meeting minutes during a meeting in July, according to an opinion by the Maryland Open Meetings Compliance Board.

The Board’s decision came in response to a complaint filed by a civic advocate who opposes cell phone towers on school grounds...

Joshua Starr and Casey Anderson are meeting on a regular basis

Who knew? 

How does this work? Casey Anderson is one member of a public body, yet he is having meetings with the public schools' Superintendent to discuss collaboration and issues? 

Let's hope no one is trying to circumvent the Maryland Open Meetings Act.

See bottom of Page 2 of this November 17, 2014, memorandum from Superintendent Joshua Starr to the Board of Education.

http://www.boarddocs.com/mabe/mcpsmd/Board.nsf/files/9QYEVB7B5EA6/$file/141117%20Res%20Hearings%20Qs%20141112%20141113.pdf

"It may be the most effective watchdog model in the nation."

...The Watchdogs anti-corruption toolbox features an “exposure” website, insistence on freedom of information, pro se lawsuits, public comment at open meetings, earned media, and motivating hundreds of local citizens to attend board meetings. It may be the most effective watchdog model in the nation...

...In Ford-Iroquois County, the health department was disbanded after the Watchdogs pushed an investigation into an alleged $4 million federal flood grant fraud, public credit cards used for private beer and gasoline purchases, and substantial gift card employee compensation which circumvented payroll taxes...

...They even recently exposed a superintendent – a candidate running for the state house – who racked up $5,000 on the school credit card at fast food restaurants...

...The Watchdogs live by Dillon’s Rule – a principle from a famous 1868 case that says government only has the power granted by law. As the Watchdogs argue, in the absence of a legal basis, government power is limited. Public bodies are asked to prove that public funds, property or credit are only being used only for public purposes (Article 8 Section 1 of Illinois Constitution). Trusting government to act in the public’s interest isn’t good enough. They require proof and verification...

 http://www.forbes.com/sites/adamandrzejewski/2014/11/05/sick-of-politics-more-than-100-illinois-public-officials-fled-their-positions-rather-than-face-these-watchdogs/2/

Public Body Arrested for Denying Public Comment in violation of Open Meetings Act

...Clark County Sheriff Jerry Parsley personally responded to the scene that night, because he knew it was a heated situation. He told the BGA that Kraft handled the citizen's arrest responsibly, and the board was definitely in violation of the Open Meetings Act by not allowing the public to speak.

"It's not that they should have. They're mandated to," Parsley said. "The people need to have their voice. It's not a dictatorship. It's a democracy."...

Source: http://www.nbcchicago.com/investigations/Entire-Park-District-Board-Placed-Under-Citizens-Arrest-264660331.html#ixzz3JFMJAuTj
Follow us: @nbcchicago on Twitter | nbcchicago on Facebook

City Paper: Karl’s In Charge: Audits Question Bills from Attorney General Candidate’s Law Firm #mocoboe #creditcards #venable

The Montgomery County Board of Education's credit card reviewer in the news: 

...But maybe no one is better positioned to enjoy the new office than Karl Racine, who’s taken a leave of absence from white-shoe law firm Venable to run for the job...

...He’s also loaned or given his campaign $450,000 since the race began, giving him a $40,000 cash advantage over his nearest rival as of Oct. 10...

...While Racine ran the firm, according to the audits, Venable overbilled its clients—including the District—by hundreds of thousands of dollars...

...In 2011, an inspector general looked into whether Venable’s billing to the Treasury Department could be substantiated. Venable submitted bills that were with “vague and inadequate” work descriptions, according to the report, as well as expenses that weren’t allowed under the terms of the contract.
When the inspector general audited $1,027,049 worth of payments to Venable, it questioned $676,840 worth of payments—which amounted to two-thirds of the audited fees. The investigation found many expenses, according to the report, that should have had more documentation...

 ...Venable employees weren’t just remunerated with cash. The audit also found them inappropriately billing for 28 lunch and dinner orders, for a total of $1,737.70 in meals. District taxpayers picked up the check...

 http://www.washingtoncitypaper.com/blogs/looselips/2014/10/22/karls-in-charge-audits-question-bills-from-attorney-general-candidates-law-firm/

Exclusive: BOE Produces Memo Previously Withheld from Public

After the Parents' Coalition filed an Open Meetings Act complaint with the Maryland Open Meetings Act Compliance Board the Montgomery County Board of Education (BOE) finally made public the memorandum from Board President Phil Kauffman that established the credit card committee.

Note that the BOE did not produce this memorandum in their initial response to the Open Meetings Act Compliance Board.

The BOE did not produce this memorandum until July 16th, five days after the Parents' Coalition alerted the Open Meetings Act Compliance Board to its existence. 

The memorandum, shown below in SCRIBD, from BOE President Phil Kauffman states that the backroom, no public allowed credit card committee was initially established just because Mr. Kauffman decided it was time to review the policy. 

The memorandum makes no mention of the fact that members of the Parents' Coalition had picked up over 300 pages of Board member credit card bills and expense reports just two days earlier on April 23, 2014. 

----------------------------------------------------------------------
From: KMKoger@Venable.com
To: opengov@oag.state.md.us; AMacNeille@oag.state.md.us
CC: -------SMWilliams@Venable.com; KMKoger@Venable.com
Date: Wed, 16 Jul 2014 10:45:44 -0400
Subject: RE: Open Meetings Act Complaint (MCPS) - response to Venable LLP

Ms. MacNeille:

Attached please find a copy of the April 25, 2014 Memorandum referenced by Ms. Wilson in her July 11, 2014 letter.  As noted in the Memorandum, Board of Education President Philip Kauffman created the ad hoc committee to review the processes and guidelines relating to Board of Education expenditures as set forth in the Board of Education’s Handbook.  In reviewing such processes and guidelines, the ad hoc committee is carrying out an administrative function and is not developing new policies for Board of Education expenditures as suggested by Ms. Wilson.  As noted in my letter of July 3, 2014, the Open Meetings Act also did not apply to the gathering of the ad hoc committee because such gathering did not involve a quorum of the Board of Education and the ad hoc committee is not a public body that is subject to the Open Meetings Act.   Please do not hesitate to contact me should you have any questions.

Kristin M. Koger, Esq. | Venable LLP
t 301.217.5643 | f 301.217.5617
One Church Street, Fifth Floor, Rockville, MD 20850

  April 25, 2014 Memorandum by Parents' Coalition of Montgomery County, Maryland

BOE Withholds Memo from Open Meetings Act Compliance Board

Open Meetings Act

This is the reply to the Board of Education's response to the Open Meetings Act complaint filed regarding the conduct of the Board of Education's credit card committee. 

July 11, 2014

Ann MacNeille

Assistant Attorney General

Counsel, Open Meetings Compliance Board

200 St. Paul Place

Baltimore, MD 21202

Re: Open Meetings Act Complaint - Montgomery County Public Schools Board of Education

Dear Ms. MacNeille,

I am following up on the complaint I filed with your office on May 31, 2014 over an apparent

violation of the Maryland Open Meetings Act by the Montgomery County Board of Education. After

receiving a reply from the Board of Education on July 5 I am seeking to offer a clarification regarding the work of the ad hoc committee that allegedly first met out of the public view on May 6.

According to the Montgomery County Public Information Officer, Dana Tofig, the ad hoc

committee was created by a memorandum dated April 25, 2014, from Board of Education President Phil Kauffman. It is a major omission on the part of the Board of Education that the April 25th memorandum was not included in the Board's response to the Open Meeting Act Compliance Board. The memorandum is not publicly available on the Board of Education website. That document is needed to fully understand how this committee was created and the purpose of the committee. The failure of the Board of Education to produce this memorandum hampers the ability of the Open Meetings Compliance Board to render an accurate opinion in this matter.

The Board of Education's response speaks to a "gathering" as if somehow by re-naming a

meeting of Board of Education members the Open Meeting Act can be ignored. The ad hoc committee

has been meeting to conduct Board business and refine Board policy. The minutes show that the Board

members have discussed the use, misuse and abuse of school system credit cards. The Board members

have been meeting to formulate Board policy for use of school system credit cards going forward.

The Board of Education notes that the Montgomery County Public Schools general counsel has

participated in this committee. It is important to note that the Montgomery County Public School

general counsel is not the general counsel for the Board of Education. The Board of Education has their

own, separate legal counsel. The presence of the school system's general counsel would seem to

indicate that this committee will be reviewing the credit card policy of not only the Board of Education, but of the entire school system.

The ad hoc committee created by Board of Education President Phil Kauffman:

1. is engaged in an advisory function as it discusses the development of new policy for Board expenditures
2. it discusses a matter that is of great concern to the public
3. is scheduled to report and make its recommendations to the full Board of Education at a meeting on July 28

The actions of the Board of Education have so far demonstrated a clear intention to circumvent

the Open Meetings Act. The expectation from the public is that matters such as board expense policies

would be discussed publicly. I am submitting a copy of a Washington Post Editorial that I believe reflects the mood of the public on this issue.

The initial action to exclude the public was criticized by many Montgomery County elected

officials and attracted the attention of the State Prosecutor who is currently conducting a criminal

investigation into Board of Education expenditures.

Thank you for your attention in this matter.

Sincerely,

Danuta Wilson

Attachments (5)

Cc:Kristin M. Koger

BOE Response to Open Meetings Act Complaint

On May 31, 2014, a member of the Parents' Coalition filed an Open Meetings Act Complaint regarding the secret meetings of the Board of Education credit card committee. 

Below is the response from the Board of Education to this complaint.

Note that the Board used the Venable LLP law firm to write this response to the Open Meetings Act Compliance Board. That is the same law firm that later stated "outside counsel did not uncover evidence of intentional action to improperly use credit cards for personal expenses."

In the Board of Education's response they contend that the credit card committee is not subject to the Maryland Open Meetings Act requirements.  Yet, the Board of Education notes in the final paragraph of this response that meetings of the credit card committee have now been opened up to the public. 

  BOE Response by Parents' Coalition of Montgomery County, Maryland

NBC4: Montgomery Co. School Board Terminates Government-Issued Credit Cards

Montgomery County Public Schools Board of Education has voted to get rid of its own government-issued credit cards, after a large and embarrassing spending spree by its members.
Last month, News4 I-Team reported the school board's part-time members – who earn about $18,500 per year -- spent thousands of dollars of taxpayer money on pricey meals and hotel rooms.
Christopher Barclay, a school board member, charged more than 100 meals to taxpayers since 2010.
During a meeting Monday evening, Barclay apologized for repeatedly using the credit card to purchase dozens of meals at restaurants near district headquarters. Records show he also used the money for a hotel room and room service at the Washington Hilton.

"I am very conscious of the toll this has taken on the institution and my colleagues... and for that I am very sorry," Barclay said.

Records show multiple board members, including the board of education president, partook in a $500 dinner in Ocean City, funded by taxpayers...

 http://www.nbcwashington.com/news/local/Montgomery-Co-School-Board-Terminates-Government-Issued-Credit-Cards-268975311.html

July 3rd BOE Press Conference on Credit Cards

After the July 3, 2014, "not a committee" meeting on the use of MCPS credit cards by Board of Education members a press conference was held outside of the BOE conference room. Here is the first part of the Parents' Coalition video of this press conference.

BOE Finally Posts Agenda for Thurs. July 3rd Credit Card Meeting

Phil Kauffman waves his MCPS credit card in
Lyda Astrove's face. 

The Montgomery County Board of Education has finally released an Agenda for the "not a committee" meeting on July 3, 2014.  

The "not a committee" meeting will discuss new forms and new regulations for Board of Education expense accounts.  

No one will fill out the new forms and no one will abide by the new regulations, but the meeting will make the public "think" that the Board of Education is taking action on the current revelation that Board members misuse and abuse MCPS credit cards.  The forms and regulations that have been in place haven't been followed, why should anyone fill out new forms or follow new regulations?

Remember, this issue was originally exposed over 5 years ago and in 2010 board member, now board president, Phil Kauffman assured the public that "controls were put in place." 

The "controls" didn't work and nothing in tomorrow's agenda will do anything to change the pattern of spending that is ingrained in Montgomery County Board of Education members.

No Agenda for July 3rd BOE Credit Card Committee Meeting

The Board of Education committee that isn't a real committee is meeting again this week.  There is no agenda posted for the meeting.  

Maybe it's a planning meeting for a July 4th BOE barbecue? We know these Board members won't want to discuss the pending criminal investigation of their use of MCPS credit cards. 

Thursday, July 03

Ad Hoc Committee for Review of Board Processes and Guidelines on Board Expenditures Meeting 

BOE Off Camera Two Days this Week!

The Montgomery County Board of Education is going to hold two all day meetings off camera this week! 

There is no Agenda posted for this two day event.  

Why should the public know what is going to be discussed and voted on?

Why should the public be able to use modern technology to observe their Board of Education in session? Cameras? Video? Webcams? Vine? Not this week!

Anyway, the cameras would probably be able to see the daily breakfast and lunch buffets and the BOE doesn't want that right now!

Wed, June 25 09:00 AM Board Retreat, Auditorium

Thu, June 26 09:00 AM Board Retreat, Room 127