10.15.15 Jeffco WNW Recall Fact Check (Part 4)

It’s time for our Jeffco Recall fact check, Part 4! As you know, there’s no shortage of topics, but this should provide a useful boost for conversations with your neighbors, family, and colleagues.

Transparency

Hiding-Money-From-the-GovernmentKen Witt, John Newkirk and Julie Williams like to claim that they’ve made board operations “more transparent” because the board meetings are now streamed—or at least the parts of the meetings that include all five board members.

The facts:

  • During their first year, WNW repeatedly declared how much they wanted to stream meetings and then repeatedly chose to meet in local high schools where streaming was impossible.
    • When those high school auditoriums filled up, sometimes an overflow room was established so attendees could at least listen to the board meeting, but after a while they stopped doing that too. That’s not transparent.
    • WNW didn’t stream the meeting in which former Superintendent Cindy Stevenson announced she would be leaving the district even earlier than her intended resignation date—which means you have to look at audience videos to see Lesley Dahlkemper and Jill Fellman asking WNW about the transition plan and not getting a response. Yep, more closed-door conversations taking place between WNW while Dahlkemper and Fellman were shut out.
  • The streaming has been spotty for a lot of Jeffco taxpayers who’ve tried to use it—sometimes refusing to stream, sometimes streaming only for mere seconds before seizing up, then streaming 5 more seconds seizing up again, etc.
  • Play-by-play tweets from district staff have disappeared, so there’s no information for the times when the streaming goes down or doesn’t have sound, as was the case recently.
  • Even Witt’s little media stunt last week was behind closed doors — literally. Only invited press were allowed in. That alone speaks volumes, doesn’t it?

And let’s not forget the Colorado Open Records Act (CORA) violations.

Colorado Ethics Watch called out WNW for violating the CORA requirement that the district have a written policy regarding email retention, which they pointed out was in violation of a 1996 CORA amendment that mandates the board “adopt a policy for retaining, archiving and destroying emails and other digital records.”

The school board’s refusal to adopt an email retention policy in the face of such clear mandatory language in a state statute is a flagrant, and apparently willful, violation of CORA.”

— Ethics Watch Senior Counsel Peg Perl in a July 29, 2015 letter to Jeffco Schools

Also check out this story from Colorado FOIC, and Nic Garcia’s Chalkbeat stories, in which he documents missing emails that were not provided in response to his CORA request, and where he documents board attorney Brad Miller advising the board to simply delete emails.

We’re talking about broken laws — again. If someone tells you WNW increased transparency because they stream meetings, ask them about the deleted emails and the board lawyer hired behind closed doors who advised them to write a policy stating that emails could be immediately deleted and therefore not subject to CORA requests.

We’ve mentioned violations of Colorado’s sunshine laws before, but here’s Chalkbeat reporter Nic Garcia explaining Colorado open meetings laws and “spoke: meetings in case you missed it:

The state’s open meeting law allows board members to discuss the school district’s business one-on-one.

However, it forbids three elected officials or a quorum, whichever is greater, from meeting without proper notification.

Further, transparency activists and case law from around the country suggest it is illegal for elected officials, like school board members, to work around the law by coordinating “spoke” meetings.

A “spoke” meeting, also known as a “walking quorum,” is when one elected official meets with other members of the board on the same subject to coordinate a vote or policy stance.

One example of a “spoke” meeting is Witt contacted Newkirk and Williams and told them to interview Brad Miller and the other board lawyer candidate long before he told Dahlkemper and Fellman and you the public. Newkirk said he interviewed Miller during a convention that took place Dec. 5 through 8 — a week before the regular board meeting. Dahlkemper and Fellman weren’t told until Dec. 10. The agenda item itself wasn’t added until the 10th.

Bottom line: WNW aren’t transparent and never have been.

One of the largest issues around this recall is not necessarily what’s been done, but how it’s been done.

— Nic Garcia in an interview with Ryan Warner on CPR’s Colorado Matters

EXACTLY.

The way issues have been pushed through without careful planning, without conversation and without collaboration is unacceptable.

Do you want last-minute surprises + board majority who ignores portions of the CORA law + a board lawyer who advises them to simply delete their emails + a board member who advised her supporters to email her privately to skirt CORA requests + more than one violation of open meetings laws? No! That combination equals one thing: RECALL.

Here’s what you need to do:

Vote!

  1. Vote for Ali Lasell in District 3
  2. Vote for Amanda Stevens in District 4
  3. Vote YES to recall Julie Williams
  4. Vote for Brad Rupert as District 1 successor candidate
  5. Vote YES to recall John Newkirk
  6. Vote for Susan Harmon as District 2 successor candidate
  7. Vote YES to recall Ken Witt
  8. Vote forRon Mitchell as District 5 successor candidate

WALK!

Go to JeffcoUnited.org to sign up to walk this weekend. We need to get the word out to the 70 percent of Jeffco voters who do not have children in schools, and we need to remind everyone to vote!

DONATE!

It’s not too late. You can donate to any of the candidate’s individual campaigns, or to Jeffco United Forward to benefit all five.

It’s time to get out the vote! Ballots start arriving this week. You may have already received yours. When you have it, vote and return it. We can’t afford apathy this year.

Keep fighting, JeffCo!