BOE Member Shebra Evans Should Recuse Herself from Discussions of "In the Matter of AUTOFLEX FLEET, INC" After Endorsement from Plaintiff's Attorney

Litigation involving the MCPS electric school bus procurement is currently before the Montgomery County Board of Education. The Parents' Coalition made the Appellate Court Order of March 5, 2024, public.  

AutoFlex Fleet, Inc. has been represented by Ryan Spiegel in this litigation.  

Attorney Ryan Spiegel is also Delegate Ryan Spiegel and he recently endorsed Board of Education member Shebra Evans for re-election in November.  

Shebra Evans should now recuse herself of any further discussions of the AutoFlex Fleet litigation as it now appears that she has a personal connection with the plaintiff's attorney.  

BREAKING: MD Appellate Court Orders MoCo Board of Ed to Review $168M Electric School Bus Contract Award

The Appellate Court of Maryland has issued an Order vacating the Judgment of the Montgomery County Circuit Court In the Matter of AutoFlex Fleet, Inc. 

This Order (shown below) mandates that the matter must be returned to the Montgomery County Board of Education for an administrative review of the augmented evidentiary record with regard to the award of the $168 million dollar contract to HET MCPS, LLC for MCPS electric school buses.  

The Court said, "...the Contract must be reviewed in light of the adjudicated facts supporting the convictions of these DOT directors who were integrally involved in managing MCPS' bidding process, evaluating responding proposals, and awarding the Contract to an affiliate of the vendor they were exploiting." (Page 60 of Opinion below)

This litigation began with a protest filed by a losing bidder on this contract.  

AutoFlex Fleet, Inc. filed a written protest of the decision to award the Contract to HET MCPS, LLC on December 16, 2020.  

On March 5, 2024, the Appellate Court of Maryland released a 64 page opinion (shown below) detailing the matter and their decision. 

This litigation has gone from the initial protest by a losing bidder to MCPS (protest denied) 🠞 Montgomery County Board of Education (appeal denied) 🠞 Maryland State Board of Education (appeal denied) 🠞 Montgomery County Circuit Court (appeal denied) 🠞Maryland Appellate Court (Order issued) 🠞 then mandated back to 🠞 Montgomery County Circuit Court 🠞 Maryland State Board of Education 🠞 Montgomery County Board of Education.

Why has the Contract Award protest been sent back to the Montgomery County Board of Education for review?  

The very short answer is because 2 of the 3 (or 4) MCPS employees who reviewed the initial bids for the MCPS electric school bus contract have since been convicted of crimes including felony theft and misdemeanor misconduct in office in relation to a scheme to divert MCPS funds to an off the books account held by a subcontractor on the HET MCPS, LLC (Highland Electric) electric school bus proposal.  

HET MCPS, LLC was the winning bidder of the $168M MCPS electric school bus contract.  

AutoFlex Fleet, LLC wants the facts surrounding the criminal convictions of MCPS Department of Transportation (DOT) Director (Watkins) and Assistant (Ewald) to be reviewed in connection with their protest of the award of this contract.  

The Appellate Court of Maryland agrees with them that these criminal convictions should be part of the review of the awarding of the $168M MCPS electric school bus contract and so the matter goes back to the Board of Education for review with these criminal convictions in the record.  

Note:  There's a whole lot of legal fees being generated to pay for the Board of Education's defense of this litigation, with more to come.  The continued failure of the Board of Education to exert any oversight over MCPS continues to divert education funding away from classrooms to outside legal fees.   

539S2022 Mandate by Parents' Coalition of Montg...

539s22 in the Matter of Aut... by Parents' Coalition of Montg...

As City of Gaithersburg Takes $1.5M +/- "Gift" from MoCo Board of Education, Who Sits on City Ethics Commission But a MoCo Board of Ed. member. #Ethics

The City of Gaithersburg has cut a deal with the Montgomery County Board of Education to allow the Board of Education to build an elementary school on a public City park that serves 5 communities.  

The Board of Education had put forth that the land was being given over at no cost, but the actual contract reveals that the Board of Education will be spending over $1.5 million dollars +/- to pay the City of Gaithersburg what can only be described as gifts since the contract does not detail the actual cost of these items. The gifts to the City are to be paid for by the Board of Education and will include an artificial turf football field (and costs for the future replacement of that field), bleachers, lighting and a tot lot.  

Clearly, the land is not being handed over to the Board of Education at "no cost."  But what is the exact cost to the Board of Education and the MCPS Operating Budget? That number can only be estimated as no exact cost was included in the contract.  

If any any point in time there are ever allegations of unethical actions by the City of Gaithersburg elected leaders or their staff, any such complaint would go before the City of Gaithersburg Ethics Commission. 

Montgomery County Board of Education member Rebecca Smondrowski is a member of the City of Gaithersburg Ethics Commission. 

From Board member Smondrowki's online MCPS bio:  

Mrs. Smondrowski was reappointed as a Commissioner for the City of Gaithersburg Ethics Commission in January 2015.

https://www.montgomeryschoolsmd.org/boe/members/district2.aspx

It’s a one-woman show against Mobilitie’s rights of way crusade #SilverSpring #Maryland

Mobilitie might have met the one woman in America who has the best chance with the FCC to have the agency bridle, what she describes as, the distributed antenna system (DAS) provider’s desire to “run roughshod over local communities” as it attempts to reduce rights of way fees that they say will impede future 5G growth.

But Mobilitie has the support of CTIA, and the influential trade group believes that there are onerous approval processes in many communities that could prevent the U.S. from enjoying the full benefits of new wireless technology due to fewer small cells being deployed, and they agree that high fees to use utility poles are a clear obstruction.

On Dec. 22, 2016, the FCC said it was seeking comments regarding streamlining its wireless siting policies, an effort by the Wireless Telecommunications Bureau (WTB) that stems, in part, from a petition for a declaratory ruling filed by Mobilitie, LLC titled: “Promoting Broadband for All Americans by prohibiting Excessive Charges for Access to Public Rights of Way (PROW).

Maryland resident stands out amongst commenters
 
Thirty-two commenters have responded to date with ten being posted Tuesday, nine of them extolling the need to limit wireless siting due to WiFi and cell tower RF concerns, one oxymoronically suggesting that the U.S. would be better off if it cut its wireless umbilical cord and returned to Ethernet cables.

But tucked in-between the commenters who don’t address the WTB’s interest in how to best build out a timely 5G network is correspondence from Silver Springs, Md. resident Sue Present who said that Mobilitie was trafficking in hyperbole and belonged to a wireless industry cabal of “conniving, gluttonous bullies.”

At their initial read, a WTB staffer could possibly pass off Present’s opening salvo as the rantings of a NIMBY protester concerned about RF wafting underneath their tinfoil chapeau.
Fortunately for Present, they’ll read further...

http://wirelessestimator.com/articles/2017/its-a-one-woman-show-against-mobilities-rights-of-way-crusade/

City of Gaithersburg Cited by State Ethics Commission for Failure to Comply with State Ethics Law

   Public Notice Gaithersburg by Parents' Coalition of Montgomery County, Maryland on Scribd

BOE Member on City of Gaithersburg Ethics Commission. Hearing on 1st Complaint in 35 Years on Thursday.

The Gaithersburg Ethics Commission plans to meet behind closed doors on Thursday to review a complaint filed that alleges a violation of the city’s ethics ordinance.
Gaithersburg City Attorney Lynn Board said it’s the first ethics complaint on record, going back as far as 35 years.

Board would not disclose any information about the complaint, except that the city is bringing in outside counsel, Elissa Levan of Funk and Bolton, for the meeting.

Levan said she would be advising the Commission about establishing rules of procedure in open session. According to the agenda for the meeting, the Commission is then expected to call for a closed session to review the complaint.

The Ethics Commission is comprised of four members: Steven Blivess (an alternate member), Ian Kessler, Sally Marchessault (the chair), and Rebecca Smondrowski. The members are city residents and cannot be city employees. They are appointed by the mayor with the approval of the city council for three-year terms. Two members of the Commission constitute a quorum.
The city’s Ethics Code applies to all city employees, all elected officials, as well as officials appointed to some boards and commissions.

According to the Ethics Commission’s rules of procedures, a complaint must be filed in writing and signed under oath alleging a specific violation of a provision of the Ethics Code. The complaint must be filed within one year of the alleged violation.

Notice of the Jan. 5th Ethics Commission meeting and executive session has been posted on the city’s website, here. You can find more about the city’s Ethics Code online, here.

http://www.mymcmedia.org/ethics-complaint-filed-at-gaithersburg-city-hall/