Superintendents Contract Renewed By Narrow Margin

New Hanover County School Superintendent Tim Markley's contract was narrowly renewed at Junes Board of Education meeting. A vote of 4 to 3 kept Markley as superintendent. Chairman Don Hayes, Vice Chair Jeanette Nichols,  Janice Cavenaugh, and Ed Higgins voted in favor of renewing Markley's contract for another two years.

According to media reports, Markley has been involved in a number of troubling issues during his tenure. Board member concerns about Markley were reflected in a mediocre appraisal by the school board in 2014.  Markley's 2015 appraisal showed slight improvement.  

  

Ashley Working Conditons Survey Results Skewed by Teacher Exodus

The newest Teacher Working Conditions Survey results were just released. Local media outlets were quick to report that teacher working conditions at Ashley High School were improving, but are they really? What do the results really show?

You have to hand it to the school systems public relations department. They do a great job.  They tell the media the message they want to get out, and the media types up a story accordingly.  The media reports on the newest Teachers Working Conditions Survey at Ashley are no different.

Superintendent Dr. Tim Markley even warned in a press release “it is imperative that viewers keep in mind that this is just one piece of data about each school.” His warning should be headed. The slightly improved results at Ashley are misleading at best. One very important factor that directly affected the survey results is not even mentioned in media reports.

What better way to improve your schools score than for teachers that were speaking out about deteriorating conditions at the school to leave. The exodus of teachers from Ashley High School undoubtedly had the biggest impact on the new Teachers Working Conditions Survey. A large percentage of disgruntled teaches left Ashley since principal Jackson Norvell took over. It has been reported nearly 40 employees have moved on since mid last year.  Not only did a lot of experienced teacher leave, but new teachers were brought in. Those new teachers were much less likely to complain about Norvell.

Concerns over retaliation likely kept some teachers from filling out the survey. While the survey was supposed to be anonymous, school officials were made aware that some Ashley teachers were concerned their identity might be compromised in the process. 

A 2014 North Carolina Teachers Working Conditions Survey showed that under Norvell working conditions at the school had plummeted. In emails to WWAY  teachers wrote "It has been the worst year at Ashley ever this year. Our principal is a bully and is retaliatory," Another described the school under Jackson's leadership as "A scary place to work."  In a report at Fox Wilmington, Ashley teachers said Principal Norvell has consistently punished those who spoke up in the school and that teachers are in fear for their jobs.  

Have things really changed that much? Just three weeks ago Ashley teacher Jennifer Sugerik spoke out publicly at a New Hanover County School Board of Education Meeting about the circumstances at the school. She also had letters in hand from other Ashley teachers that addressed the poor working conditions at the school. This type of action is unprecedented, but demonstrates how desperate many Ashley teachers still are for a change in leadership at their school.

NHCS Releases Teacher Working Conditions Survey Results

From the NHCS website posted 5/4/15:

NHCS Releases Teacher Working Conditions Survey Results

New Hanover County Schools recently surveyed teachers regarding working conditions. The 2015 NHCS Teacher Working Conditions Survey, based on the bi-annual North Carolina Teacher Working Conditions Survey, captures the voices of NHCS teachers. NHCS considers the survey results valuable insight from teachers and so decided to administer the survey on an annual basis. To view survey results, including data from the past three years, click the following link: http://www.nhcs.net/twcsurvey.htm.

"When viewing the survey results from the schools, it is imperative that viewers keep in mind that this is just one piece of data about each school. Additionally, what is happening at the state level is also reflected in teacher responses," said Superintendent Dr. Tim Markley. "Feedback from this survey will continue to help guide efforts to strengthen teaching and learning conditions in our schools."

http://www.nhcs.net/publicrelations/NewsReleases/twcsurvey00.htm

Time for a New Superintendent: Markley off Mark

It’s good to see there are those in the public paying attention to the problems with our school systems leadership. A local letter to the editor hits the mark and calls for a new superintendent. Our county does deserve better.  Removing Dr. Markley would be easier said than done as Markley has strong political allies in Board of Education Chairman Don Hayes and New Hanover County School General Counsel Wayne Bullard. Media reports have shown that Hayes and Bullard provide cover for Markley when needed, and Markley doesn’t hesitate to return the favor.  

Published in the Star News 5/18/2015:

Markley off mark

It's time for superintendent of New Hanover County schools Tim Markley's annual evaluation. After a fiasco, which included ... the reassigning of the superintendent's secretary, which uncovered her disproportionate high salary, and the school board's sudden adoption of a fraternization policy, Markley didn't seek an extension of his contract in 2014. Unfortunately, this year may be different ...

The personal qualities of a superintendent of schools ... are of extreme importance. I'm pleased one school board member upholds those values and gave Markley a C- last year.

Markley has two years remaining on his contract, and I urge the board not to extend it further. We can attract a more suitable, well-educated and experienced leader for our schools who can serve as an exemplary role model for our administrators, teachers and students. 

Annette Justice, Wilmington

http://www.starnewsonline.com/article/20150517/ARTICLES/150519737/1187/letters?Title=Letters-to-the-Editor-May-18-2015

Lack of Contract Oversight Endangers Students Health

New Hanover County School Contract 218-17-15 is for Athletic Field Weed and Pest Control Maintenance. Contract specification 2.3 requires the use of an enclosed boom sprayer. The contract states "Liquid herbicides and insecticide shall be applied using a sprayer with enclosed boom." According to the contract, the use of an enclosed boom sprayer is not an option, it's mandatory.  

The school systems specification was updated this past year when experts from North Carolina State University recommended adding the enclosed boom sprayer to the school systems specification. Enclosed boom sprayers are used to minimize the release of hazardous chemicals into the environment and limit human exposure (including operators and bystanders) to those chemicals.

School documents and witness accounts indicate the contractor is not using the required equipment. A lack of proper oversight and failure to enforce contract requirements is putting the health of students and school employees at risk.

While the use of the enclosed boom sprayer is mandatory, school documents show that during the bidding process the contractor  that was awarded the bid did not list owning the required equipment. 

At a meeting on January 20th, months after the contract was signed, it was again brought to the attention of school officials that the vendor awarded the contracts did not list owning the crucial piece of equipment. School officials present 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. It does not appear officials took any actions after the meeting to ensure contract requirements were being met.  

According to witness accounts, the contractor Trugreen Landcare was at Laney in March applying chemicals to the field by hand sprayer method rather than the specified enclosed boom sprayer. This picture confirms that account and shows Trugreen at Laney High Schools hand spraying chemicals on one of the fields. This would be a violation of contract 218-17-15.

The potential health risk for students from the lack of oversight creates a significant liability for the school system. With the given information, a parent or employee could easily make a case for negligence against the school system.  Cornell University defines negligence as "A failure to behave with the level of care that someone of ordinary prudence would have exercised under the same circumstances.....Negligent conduct may consist of either an act, or an omission to act when there is a duty to do so."

Once again we find top level officials being notified of very serious issues, and no action being taken.  This time the health of students is being put at risk, but will anything be done? Not likely....it will be ignored by all involved and swept under the rug like everything else. Is anyone paying attention here?

Public Record Request Incomplete After 7 months

A public records request submitted to the New Hanover County Public Schools remains incomplete after 7 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.

There is no acceptable reason for Dejewski's records request not to have been fulfilled after 7 months. This is just another very alarming situation involving the leadership of our school system that is being swept under the rug. The Board of Education, along Superintendent Tim Markley, should compel General Council Bullard to complete the records request immediately. If  Bullard refuses to do so, another administrator should be appointed to complete the task.

The General Council's actions are a direct reflection on the leadership of our school system. With that in mind, the Board of Education should 1) Demand Bullard explain why the request has not been fulfilled after 7 months and 2) Ask to see any evidence of what Bullard has done to complete the request since the meeting on January 20th when he himself acknowledged the request was not complete.

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

Superintendent's Political Activities Violate School Policy

New Hanover County School Policy 6422 on Political Activity states “School system employees shall not.....use school system equipment, supplies, mail service or other modes of communication for political affairs.”

In an article published at districtadministration.com, New Hanover County School Superintendent Dr. Tim Markley explains how he used school resources to campaign and push for the passage of the local school bond. The article, which is written by Markley, seems to be self incriminating. In the article, Markley says he used school staff and resources, including the schools parent-contact phone system and confidential email lists, to campaign and push for the passage of the bond. 

NHCS policy clearly states school system equipment, supplies, mail service or other modes of communication shall not be used for political affairs. Superintendent Markley's use of the school systems email list and parent-contact phone system for political affairs, to promote passage of the school bond, are a violation of NHCS Policy 6422.

Read the complete article at districtadministration.com here:

http://www.districtadministration.com/article/passing-school-bond-era-social-media

Superintendent Explains How He Skirted State Election Laws to Promote School Bond

North Carolina General Statute 115C-46.1 states "A local board of education shall not use public funds to endorse or oppose a referendum..."  In an article published at districtadministration.com, New Hanover County School Superintendent Dr. Tim Markley explains how he used school resources to campaign and push for the passage of the local school bond, which appears to be contrary to state law.  

The article, which is written by Markley, seems to be self incriminating. Markley writes "my staff and I were prohibited from actively campaigning for the bond." The irony is, Markley spends the rest of the article readily admitting how he used school staff and resources, including the schools parent-contact phone system and confidential email lists, to campaign and push for the passage of the school bond. He actually refers to it as a "marketing campaign" and concludes by stating the "campaign was an overwhelming victory for the district." 

Markley says that his biggest push to promote the bond was using the schools' parent contact phone system the night before the election. To get around state law, Markley is careful to point out "We never included the word “vote” in any of these approaches." Contrary to Markleys claim, the election eve call did include the word "vote."  A recording of the call can be heard here. 
 

Markley himself states he was prohibited from campaigning for the bond, then goes on to explain how he used schools resources to campaign and promote passage of the bond. Many agree the superintendents use of school resources to push for passage of the school bond violated NCGS 115c-46.1 
 

Read the complete article at districtadministration.com here:

http://www.districtadministration.com/article/passing-school-bond-era-social-media

North Carolina General Statute 115C-274 Removal of Superintendent

§ 115C-274. Removal. 

(a) Local boards of education are authorized to remove a superintendent who is guilty of immoral or disreputable conduct or who shall fail or refuse to perform the duties required of him by law. In case the State Board of Education has sufficient evidence at any time that any superintendent of schools is not capable of discharging, or is not discharging, the duties of his office as required by law or is guilty of immoral or disreputable conduct, the State Board of Education shall report this matter to the board of education employing said superintendent of schools. It shall then be the duty of that board of education to hear the evidence in the case and, if after careful investigation it shall find the charges true, it shall declare the office vacant at once and proceed to elect a successor: Provided, that such superintendent shall have the right to try his title to office in the courts of the State. 

(b) If the superintendent shall fail in the duties enumerated in G.S. 115C-276(g), 115C-276(h), 115C-276(i), or any other duties as may be assigned him, he shall be subject, after notice, to an investigation by the State Board of Education or by his board of education for failure to perform his duties. For persistent failure to perform these duties, the State Board of Education may revoke the superintendent's certificate and the superintendent may be dismissed by his board of education.

(c) The identification by the State Board of Education of more than half the schools in a local school administrative unit as low-performing under G.S. 115C-105.37 is evidence that the superintendent is unable to fulfill the duties of the office, and the State Board may appoint an interim superintendent to carry out the duties of the superintendent under G.S. 115C-105.39, may revoke the superintendent's certificate under this section, may dismiss the superintendent under G.S. 115C-105.39, or may take any combination of these actions. (1955, c. 1372, art. 5, s. 25; art. 6, s. 4; 1981, c. 423, s. 1; 1995 (Reg. Sess., 1996), c. 716, s. 6.)


http://www.ncga.state.nc.us/EnactedLegislation/Statutes/PDF/BySection/Chapter_115C/GS_115C-274.pdf

School Board Chairmans Election Eve Call Violates School Policy

New Hanover County School Policy 6422 on Political Activity states “School system employees shall not.....use school system equipment, supplies, mail service or other modes of communication for political affairs.” In spite of that policy, Superintendent Dr Tim Markley and School Board Chairman Don Hayes decided it would be a good idea to have Hayes narrate an election eve phone call supporting the school bond. The call used the schools' parent contact phone  system and phone number database.  Hayes, who was on the ballot the next day, promptly introduces himself at the beginning of the call and encourages people to vote. 

Chris Meeks, who was a candidate for the school board along with Hayes commented, "I was rather surprised they used the Chairman of the Board of Education who is up for reelection to complete the call." He goes on to say "the fact he was a candidate for office created an appearance of impropriety. It is common practice for competent leaders to avoid such circumstances."

According to the schools public relations staff, the call could have been narrated by any of a number of senior staff officials. If the intent was simply to promote the bond, another senior staff member should have narrated the call.

Those who are familiar with the relationship between Hayes and Markely argue the call served as little more than a very targeted political promotion for Hayes who was on the ballot the next day in a tightly contested reelection bid.

The school policy is very clear, School system equipment is not to be used for political affairs, and it was anyway. School resources were not only used to push the bond, but to promote School Board Chairman Don Hayes who was up for reelection. Yet again we see another very serious violation of school policy by senior leadership with no consequences.

It should be noted Hayes' call did not have the approval of Board of Education. 

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

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.

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.