Superintendent’s Conduct Fails to Meet Local and State Ethics Policy Standards

Media reports confirmed that New Hanover County School Superintendent Dr. Tim Markley was having an affair with a subordinate.  The reports also brought up concerns over questionable raises given to the same employee while working under Markley. Markley’s conduct as reported falls woefully short of local and state ethics policy standards.

New Hanover County School Employee Code of Ethics Policy 6082 is very clear. It requires all employees to “exercise the highest ethical standards at all times.”  NHCS Policy 6082 also requires professional employees to follow the standards of professional conduct listed in the “Code of Ethics for North Carolina Educators.”

The Code of Ethics for NC Educators states “The educator shall serve as a positive role model for students, parents, and the community.” It goes on to say since they are entrusted with the care of children employees must “demonstrate a high standard of personal character and conduct.”

NHCS Policy 6082 states “...Failure to follow the standards shall subject the employee to investigation and possible disciplinary action by the administration, the Board of Education and/or the State Board of Education, up to and including dismissal.”

According to Policy 6082, violations of the New Hanover County Schools should have consequences, but there appear to be none whatsoever for Superintendent Markley. Once again the public sees school policies enforced very strictly when it comes to teachers, parents or students and not at all when it comes the hierarchy of the current administration.  Apparently, when it comes to our local school system, it’s good to have friends in high places.

New Hanover School Policy 6082 Employee Code Of Ethics 

The Code of Ethics for North Carolina Educators

Media reports confirmed superintendents affair with subordinate

This is the beginning of a follow up to an earlier report by WWAY  where it was confirmed  that New Hanover County School Superintendent Dr. Tim Markley was having an affair with someone directly under his supervision.  According to the report, there was not only an affair, but also a nearly $5000 raise while working under Markley which bumped her pay up to $75000 a year. Yet another very serious issue with school leadership that seemed to drop of the radar.  Additional reports on this issue will follow.     

Original Report by WWAY: 
WILMINGTON, NC (WWAY) -- Tonight in an ONLY ON 3 investigation, we uncover a relationship between the superintendent of New Hanover County Schools and an employee he directly supervised....
Read the complete story here:

http://www.wwaytv3.com/2013/10/29/only-3-investigation-new-hanover-co-school-superintendent-exposes-lack-of-house-dating-ru#comments

School Board Chairman Hayes request to keep emails confidential appears to violate law

This is a reboot of a Wilmington Star News article. This article is important as it is part of what many see as a trend to keep controversial issues regarding the school system out of the public eye. Fortunately, in this case, a fellow board member called Hayes out on his request to keep the information from the public, and with an “oopsie-daisy” from Hayes, the email is made public.

Wilmington Star News

By Pressley Baird

…..On Dec. 30, board Chairman Don Hayes emailed all other board members about how much funding the school board should contribute to put law enforcement officers in every school in the county. The subject line for Hayes' initial email was "CONFIDENTIAL – DO NOT FORWARD." In the body of the email, he wrote: "Please do not forward this email."

But according to state law, written information exchanged between elected government officials that relates to government business is public record…..

Board member Derrick Hickey was the only one to question the need for discussing the issue confidentially. "I am not comfortable keeping things confidential solely because they are controversial," he wrote in an email to Hayes….

Read the complete Star News story here: 

http://www.starnewsonline.com/article/20130102/ARTICLES/130109962/0/search

Superintendent's email to UNCW mischaracterized school board; should have been more professional

A Star News letter to the editor from a UNCW Professor criticized the NHCS Board of Education. In response, New Hanover County School Superintendent Dr. Tim Markley fired an email to UNCW stating, “I have a school board that is very irate about the email below. So irate they are considering not signing the PD agreement that Summer presented yesterday.” There’s just one problem. The NHCS Board of Education had not been taken a position on the professors email, nor had they discussed not signing the PD agreement.... 

Email jeopardizes relationship between UNCW and NHC Schools

By: WECT Staff

WILMINGTON, NC (WECT) ......Board member Lisa Estep took issue with Superintendent Markley reaching out to UNCW on behalf of the board. “I have an issue with presenting the entire board as being prepared not to sign the agreement. First, no one consulted me to ask my opinion on the letter, nor did I offer one; second, at no time did I indicate I was not going to vote for the PD agreement over one rogue letter from one professor,” Estep explained in an email. “Instead of sending an email characterizing the board as 'irate', would it not have been more professional to initiate a discussion first with ALL board members to make sure we were on the same page and then with UNCW?”.....

Read the rest of the story here:

http://www.wect.com/story/28543435/email-jeopardizes-relationship-between-uncw-and-nhc-schools-supt-says

Superintendent Markley says Ashley Principal Jackson Norvel doesn't have to talk to anyone about anything

Complaints from teachers, parents and students continue about conditions at Ashley High School.  In a local media report, Superintendent Dr. Tim Markley said Ashley Principal Jackson Norvel doesn't have to talk to anyone about anything.... 

Some Teachers Unhappy With Ashley High School

Submitted by Chris BrownWILMINGTON, NC (WWAY)-- As a student at Ashley High School, Eason Saffo has concerns.“I don't think they're being treated fairly by the administration,” Saffo said. They are teachers and he took his concerns to the school board Tuesday. Apparently teachers are concerned too. The numbers for teacher satisfaction at Ashley High School are so low parents are calling them downright startling.....
Read the rest of the story here:http://www.wwaytv3.com/2014/07/01/some-teachers-unhappy-with-ashley-high-school

New Hanover County School 2014 Election Eve Call Promoting School Bond is Posted

This is the 2014 election eve call from New Hanover County Schools promoting the school bond. It is narrated by New Hanover County Board of Education Chairman Don Hayes who was up for reelection and on the ballot the next day.

The Ashley Exodus

There have been many articles about the change in leadership at Ashley High School, none of which have been positive. The 2014 Teachers Working Conditions Survey shows a dismal performance score for the new leadership. Teachers and staff have left at an alarming rate. According to parents, students, and teachers, the problems at Ashley are not being addressed. We'll chronicle those issues here. 

Ashley High School leadership under fire

Submitted by Chris Brown WILMINGTON, NC (WWAY)-- The level of dissatisfaction from teachers at Ashley High School in Wilmington is growing.WWAY recently told you about the initial, and dismal results of those teacher satisfaction surveys......Their concerns stem from what appears to be a lack of school leadership.

Read the rest of the story here:
http://www.wwaytv3.com/2014/07/07/ashley-high-school-leadership-under-fire

School board members should have been told of plan to increase contract cost

The controversy continues surrounding the New Hanover County School systems Athletic Field Maintenance Contract. An email from school staff notes that before the contract was signed, there was already a plan in place to potentially increase the contract cost to the school system at a later date. School board members were not aware of this potential future expense when they agreed to the contract.

The school systems specification required a costly reel type mower which the company that was awarded the contract did not own. According to an email, school staff came up with a plan that would have allowed the contractor to come back after the fact and raise their price to the school system to help cover the cost of the reel mower. 

New Hanover County School General Counsel Bullard wrote in an email on August 27^th “the plan is to see if the rotary mowers Trugreen uses are sufficient and if not, we can ask them to quote a price upgrade to a reel mower and we can evaluate the price increase at that time.” Logistically, since there were only 3 business days between the date of General Counsel’s email and the day the contract was first signed, any price increase would have happened after the contract was signed. 

In a specially called meeting on January 20th, staff were specifically asked about the plan to increase the cost. In a recording of that meeting, staff can be heard struggling to explain the plan discussed in Bullard's email.

Board of Education members should have been made aware of the plan and the associated additional cost so they could better evaluate the overall cost to the school system. The consideration of additional cost could have affected how and to who the contract was ultimately awarded.

It should be noted that the company that lost the bid included the cost for the reel mower in their quote to the school system.

See a copy of NHCS General Counsel's email here 

Listen to the January 20th meeting here 

Superintendent dismisses reported policy violations as a difference of opinion

An email sent by New Hanover County School General Counsel Wayne Bullard revealed that a costly part of the schools specification was waived for one particular company during a recent bidding process for a school contract. That company was ultimately awarded the contract.

During a special meeting on the issue on January 20^th it was brought to the attention of school officials, including Superintendent Dr. Tim Markley who was in attendance, that the bidding process violated a number of schools policies. Cited were New Hanover County Purchasing Policy 4610 and Ethics Standards of Conduct Policy 6082 which call for "fair and open competition....impartial treatment.... equal opportunity to all,"  and states that when dealing with suppliers employees “must exhibit the highest standards of honesty, integrity, and fairness.”

Attorneys and others that have reviewed the related documents agree school policies were violated in the process. In spite of the evidence that was presented, New Hanover County School Superintendent Dr. Markley dismissed the reported violations as a difference of opinion. 


 A recording of the entire meeting, including Dr Markely's remarks, can be heard here

Email from New Hanover County School attorney at center of controversy

In a recent school bid, one of the bidders claimed foul play during the process. A document discovered during a public records request showed those claims were well founded.

According to an email sent by New Hanover County School General Council Wayne Bullard on August 27^th, NHCS waived a costly part of their specification for one particular bidder, giving that bidder a significant price advantage in the bidding process. That bidder was then awarded the contract. This type of favoritism in the bidding process is generally considered unlawful and is in direct violation New Hanover County Schools purchasing and ethics policy.

NHCS Policy 4610 states the Purchasing Director shall “Encourage fair and open competition….provide honest, courteous and impartial treatment; and equal opportunity to all interested and qualified suppliers.”  NHCS Policy 6082, the Employee Code of Ethics and Standards of Conduct, states that when dealing with vendors, employees “must exhibit the highest standards of honesty, integrity, and fairness.” Changing specifications to benefit one particular bidder violates these purchasing and ethics policies.

See a copy of Bullard's email here

Public records request investigating purchasing irregularities remains incomplete after 6 months

A public records request submitted to the New Hanover County Public Schools remains incomplete after 6 months.  The school system’s attorney, Wayne Bullard, whose email is now at the center of the controversy, is also in charge of completing the associated public records request.

A public records request was submitted by Dejeweski Landscaping September 11, 2014 after concerns arose regarding bidding irregularities for a contract with New Hanover County Schools. When partial information was released, an email from New Hanover County Schools General Counsel Wayne Bullard was discovered that confirmed Dejewski’s concerns had merit. The email from Bullard revealed part of the contracts specification was waived for the other bidder and that bidder was then awarded the contract.

Dejewski’s public records request, which was very specific in nature, has remained unfinished. At a special New Hanover County School meeting on January 20^th, 2015, Bullard was again asked when the public records request would be complete. Bullard’s response was “Within a reasonable time.”

North Carolina General Statute 132 requires government entities to provide copies of public records “as promptly as possible,” but stops short of giving a specific time frame for completion. Without a court order compelling Bullard to complete the public records request, Bullard can withhold the balance of related documents indefinitely.  

Click here to listen to a heated discussion on this issue which includes General Counsel Wayne Bullard and Superintendent Dr Tim Markley. The discussion begins at the 4-1/2 minute mark. 

See public records request here

School board chairman’s dual role seen as conflict of interest

It was recently discovered NHCS Board of Education Chairman Don Hayes was on the Board of Directors for the corporation Young Women Leading Inc., a proposed all girl charter school. According to reports, the corporation will seek to use New Hanover County Schools' resources, such as the their school buses, for the operation of the proposed all girl school. Using those school resources would come at a cost, and that cost would have to be negotiated with the Board of Education. Since Hayes is a member of the Board of Education, it is generally considered inappropriate for him to also sit on the Board of Directors for a corporation while that corporation is seeking to negotiate contracts with the school system. Hayes' dual role would be considered a conflict of interest.

School board chairman did not disclose position with proposed charter school to fellow board members

In an interview with WECT, New Hanover County Board of Education member Lisa Estep expressed concerns about a proposed charter school's claims that New Hanover County's school bus system would be used to transport students. While charter schools can contract with school systems to use their buses, Estep said school board members were not aware of any negotiations on the issue.  The assumption was that someone was negotiating a significant use of school system resources without the knowledge of school board members. The WECT article states that according to “school leaders” only general conversations have taken place.

A visit to the charter school’s website, youngwomenleading.org , showed that Estep’s concerns had merit. What Estep apparently didn't know at the time of the interview, and what was not told to WECT by “school leadership," was that New Hanover County School Board Chairman Don Hayes is on the Board of Directors of the proposed school. According to officials, Hayes had not disclosed his involvement with the charter school to board members.

Young Women Leading Board of Directors Webpage Capture

School board members wonder who is negotiating with proposed charter school

Introduction: A proposed charter school reports that it will be using school resources, such as buses, for its operations. According to reports, board of education members have not discussed and have no agreement with the school. Board members express concern about negotiations for the use of scarce school resources that appear to be going on without their knowledge.  

WECT Story 

School Board member wants all to be involved in charter school discussion

As discussions move forward surrounding a new charter school applying to be in New Hanover County, School Board member Lisa Estep said she hopes all school board members are involved in all conversations and discussions especially when it comes to using county school resources….

Read the rest of the story here:

http://www.wect.com/story/27967190/school-board-member-wants-all-to-be-involved-in-charter-school-discussion

Posted on WECT.com : Jan 28, 2015 7:14 PM EST

Recording of New Hanover County School special meeting released

At the January 7^th New Hanover County Board of Education meeting, board member Janice Cavenaugh called for a special meeting to address concerns that were raised regarding purchasing and ethics policy violations during a recent bidding process. A recording of the special meeting which took place on January 20th has been uploaded to Youtube. Mrs. Cavenaugh requested the media attend the meeting. Contrary to Cavenaugh’s request, New Hanover County School General Council Wayne Bullard stated in an email that the media was not permitted to attend.

The recording reveals disagreements amongst leadership about school procedures; a lack of knowledge on school policies; refusal to answer a number of questions, and verbal gymnastics to answer others. Heated discussions involving School Board Chairman Don Hayes and General Council Wayne Bullard can be heard on several occasions. 

School officials at the meeting were Dr. Tim Markley Superintendent, Board Chairman Don Hayes, General Counsel Wayne Bullard, and Bill Hance Assistant Superintendent for Planning and Operations.

Where did NHCS Watchdogs come from?

The cliff notes version….it was developed out of necessity and a sincere concern for the well-being of our school system. No one media outlet covers all the issues raised regarding our local school system. But when you look at all the articles regarding school system leadership, particularly in the last 24-36 months, you find a disturbing trend, a trend not found with other local governing bodies.

We see article after article where school policies and state laws are skirted by school leadership, and in some cases, simply ignored. We see very serious issues raised by parents that go unresolved and fall to the wayside. We see article after article on issues like these and there seems to be no accountability whatsoever.

In frank conversations with the media, you’ll find they can’t report all they know on many of these issues out of fear of retaliation. If they tick off the wrong people, they will not get the interview next time. How many times do we see controversial stories end with “according to school officials”? That’s the media’s kind way of letting those involved off the hook. 

Our goal is to promote positive change for our school system by pushing for individual accountability and transparency. We’ll reboot local news stories over the last year or two to remind you of what has been going on, as well as provide a significant amount of new content provided by parents, teachers and others. If you’re concerned about our schools, please sign up to receive notification of new post via email. Thanks for visiting our blog and please tell your friends about us!   

School's landscaping bid process causes turbulence

A longtime landscaping contractor says the New Hanover County Schools unfairly manipulated a bid process to shift the work to someone else last fall...
Star News Article Published January 31, 2015

http://www.starnewsonline.com/article/20150131/ARTICLES/150139960/0/search