LT: Aug 16th , Policies were Pathetic and Poorly Practiced!

I am glad that Julian took the time to do this wrap-up and bring attention to the MANY, MANY leadership failures that led to this debacle. I am equally glad that as part of its decision, the BOE is choosing to make many policy changes to tighten up what most certainly was the most slip-shod leadership in the state.
Maria

Updated: 8/16/2008 11:52:02 PM
School board missteps were many

By Julian Emerson
Leader-Telegram staff
A list of policy recommendations by the Eau Claire school board in the wake of former Superintendent Bill Klaus' contract controversy reveals just how far district officials had strayed from following their own rules and state law.

They didn't negotiate Klaus' contracts in accordance with state statute. They didn't review his contracts before approving them. They didn't garner legal oversight of Klaus' contracts. And they failed to ensure his contracts were maintained by the personnel department, instead allowing Klaus to directly change his employment terms.

Violations of district policy and state law surfaced during Eau Claire police and school board investigations of Klaus' attempt to access his retirement stipend at age 53 while still an employee instead of age 55 upon his retirement. Many of those offenses ran afoul of commonly held governmental practices.

"There were some things we found out that left us scratching our heads," said Ken Faanes, elected to the board in April 2007, two months after the board approved Klaus' contract that has spurred controversy about his retirement stipend.

"Some of what was going on certainly wasn't the way to conduct business in an organization like this," he said.

Last week, the board announced a suspension of Klaus without pay until next June 15. It was the conclusion of a nearly four-month investigation of the matter. The district will pay Klaus' health insurance during his suspension, and he will be eligible to begin receiving retirement stipend payments after reaching age 55 in July.

As part of its action against Klaus, the board shortened his previously negotiated contract. The board lopped two years off the agreement that had extended to June 30, 2012, saying that contract was not in conformance with state law.

Klaus, who left the superintendent's position last summer to become Northstar Middle School principal, had been on paid administrative leave since April 30.

Many irregularities
The list of policies school board members plan to evaluate and change if needed reads like a list of commonly accepted rules for governing. The problem was district officials didn't always adhere to those regulations.

For instance, one directive stipulates that board members review administrator contracts before approving them.

District officials ran afoul of their regulations in other ways. Among them was a failure to limit Klaus' contracts to three-year terms as required by state law and ensuring the superintendent's contract is overseen by the personnel department and not the superintendent himself.

Of the many irregularities associated with Klaus' contract, among the most puzzling is that Klaus often had more than one contract covering the same years during portions of his nine-year superintendent tenure.

For example, in 2003 the school board approved a deal for Klaus that extended his contract through 2006. The following year, the board renegotiated a two-year deal for Klaus from 2004 to 2006, a negotiation pattern repeated throughout Klaus' time as superintendent.

Board members did not have an explanation for the numerous contracts - 15 during Klaus' time as superintendent - but they may have been the result of updates to Klaus' contract such as salary adjustments or contract extensions. The board's new directives call for each administrator having just one contract for any given time period.

"Various operational procedures changed and evolved over the years, and there was not specific documentation as to why the modifications transpired," board President Carol Craig said when asked to explain Klaus' multiple contracts and other policy questions.

Additional revisions
Updates to district policies extend beyond Klaus' contract. They also include ensuring the accurate portrayal of board meetings via meeting minutes, the recording of board members' votes and the identification of people taking meeting minutes.

Among other changes to board policy is a procedure providing protection to whistle-blowers who report wrongdoing by district officials or employees. Board members learned last fall of alterations to Klaus' contract allowing the payment of his stipend earlier than allowed in previous contracts but refused to answer repeated questions about the matter.

The policy update also references the district's violations of the state open records law concerning Klaus' contract.

The Leader-Telegram filed a series of records requests with the district last winter and spring in an attempt to learn about alterations to Klaus' contract, but then-school board President Michael O'Brien advised district officials against releasing most of that information.

That decision was subsequently reversed by Kirk Strang, the attorney representing the district during its investigation of the Klaus matter. Strang advised district officials that the information the newspaper sought was public and should be released. The Leader-Telegram has received some but not all of those documents.

Board members said previous district administrators notified them of the Leader-Telegram's requests at some point after they were filed but didn't provide an update on the status of how that information was being handled. Board members will now be advised of all public records requests in a more timely manner.

Controversy about Klaus' contract surfaced in April after revelations that he directed Carol Olson - the former board president and no longer a board member at the time - to sign and backdate a document allowing Klaus to begin receiving his stipend last August.

Several board members said the board never discussed granting Klaus his retirement stipend at age 53, and board meeting minutes don't show the board approved that action. Other former board members argue the board approved Klaus receiving his stipend early.

Klaus didn't receive that money after the board in October determined he couldn't access it until age 55. He said he requested the money early to ensure it went to his family in case he died before retirement.

Starting over
Revelations of a widespread failure to follow procedures by administrators and board members regarding Klaus' contract have prompted questions about whether those oversights extend to other district operations. Board members said they will examine other administrator contracts to make sure they're in compliance with district and state policies.

So who is responsible for the failure to follow district policy regarding Klaus' contract? Some people blame former longtime board members and Klaus backers Olson, O'Brien and JoAnne Evans, and current member Mary Kneer. Others blame administrators for the debacle, saying they're responsible for advising the board about proper policy.

The aftermath of the contract controversy has immediate and long-term impacts. Besides Klaus' suspension, Personnel Director Jim Kling resigned last month for his role in attempting to help Klaus receive his stipend early. Board members have expressed frustration with other administrators for failing to notify the board about the contract controversy last summer. And Klaus' attorney, Thomas Guelzow, said he plans to file a lawsuit contesting Klaus' suspension.

The situation has given the district a black eye that could make garnering approval of future school referendums an uphill battle. Board members and new Superintendent Ron Heilmann hope the policy revisions mark one step toward regaining public trust.

"That's not going to happen overnight," board member Mike Bollinger said of winning back public support. "It's going to take time, and it's going to take the public seeing us operate in an effective manner."

Emerson can be reached at 830-5911, 800-236-7077 or julian.emerson@ecpc.com.