KP LAW ene The Leader in Public Sector Law “on December 23, 2020 Darren Klin noc Mr. George Xenakis Director of Oversight and Investigations The Commonwealth of Massachusetts Office ofthe Inspector General One Ashburton Place, Room 1311 Boston, MA 02108 Rei Burlington Public Schools - Response to Inspector General Report Deer Mr. Xenakis Please accept this response on behalf of the Busington Public School District “BPS” o “School District"). As referenced several times inthe Officer of the Inspector General (“C1G") Report, fom the very beginning ofthis investigation, both the Superintendent of Schools, Eric Conti, and the Schoo! Committee have been fully eandid, cooperative, and transparent at al times. Both the School Committee and Dr. Conti are appreciative to the O1G for bringing the matters et forth in their Report tothe School District's attention, for conducting a fair and thorough investigation, and for sharing its conclusions that the violations cited were unintentional. Although there may be some disagreement ast the context of certain factual findings, both the Schcol Committee and Dr. Conti accep, respect and understand the findings and recommendations of the 1G. Through this response, the School District wil offer some further clarfiation ona few pois, ‘Additionally, the O1G Report importantly ecommends a rumber of corrective actions, sone of ‘whieh already have been adopted, and the School Distrit'sAetion Plan for implementing the remaining recommendations is included in te latter part of this response. The O1G investigation focused on two primary issues: |. 1n2015, Dr, Conti proposed and the School Committe agreed to add language to his ‘employment contract, which is a public record, providing him with “reasonable use of the district's facilities and equipment when notin conflet with student programming.” Dr. Cont requested this clause, similar toa previous arrangement he had in his previous district, o allow bim, fr example, to use fitness equipment at the high schoo! ater hours. The provision also was intended to grant him use ofthe distret’s maintenance shop outside of school houts, including the use of an auto lift to repair is ear, as well as completing a woodworking project for his home. It should also be pointed ‘ut thatthe auto Ti was initially purchased as a cost savings measue inorder to maintain large snow removal equipment and other similar types of equipment for the Schoo! District, since the School District maintains six (6) large school failtes, This contract benefit was viewed at the time by the School Committee asa reasonable and rational “employment benefit” that Dr. Conti earned based on his outstanding job performance that KP Law,P.C | Boston + Hyannis» Lenox Northampton + WorcesterKP LAW Mr. George Xenakis Director of Oversight and investigations December 23,2020, Page2 ‘would nat cost the School District addtional funds, as opposed to more adtional benefits such as an exta stipend or a ca allowance. The use of school property was limited 0 times when such property was not otherwise being used. These types ofa projects and physical workouts were relaxing diversions for Dr. Conti that he would previously regularly engage in before and after work way from the School District. Further motivation behind adding this provision o his contract was that Dr, Conti could now engage in these activities without having to leave the School District, ‘which ultimately would allow for better overall physical and emotional health and even greater increased productivity (Dr. Conti has always been extremely productiveand diligent). Dr. Conti regularly works very long hours and attends many evening meetings peraining o various School and Town business. For these projects, Dr. Conti supplied his own materials. On one gecasion, Dr. Conti used triler owned by the District to haul materials to his property in Vieginia. In none of these cases, oF inany other, di the district accrue any expenses, nor were any students or staff deprived of access to the facilites or equipment as a result, As soon as the OIG informed the School District that these practices were being investigated as potential conflicts of interest, Dr. Cont immediately Aiscontinued any use of district facilites for these purposes. 2. The OIG also investigated a decades old BPS reimbursement procedure, through ‘which employees could request reimbursement for legitimate work-related expenses, The OIG determined that while none ofthe expenses of payments Were inappropriate or unwarranted, the practice itself did not fully conform with the procedures managed by the Town and should be discontinued. In fact, BPS eliminated this practice approximately three (3) years ago with the hiring ‘ofa new School Business Manager, who helped the School District institute a series of important changes and updates to BPS financial practices to ensure full compliance and transparency. In fact, the previous aecount was permanently closed out in January of 2020 and the remaining funds were relumed tothe Town's General Fund at chat time, 1G Recommendations and School Distit Action Plan 1. The School Committee should eliminate the clause regarding the use of facilities andé ‘equipment fom all BPS employee contract. Action Plan and Response: The practice and use ofthe facilites stopped as soon a the O1G. hotified the School District about a potential violation of the Conflict of Interest laws. ‘The provision was removed from Dr. Conti's contract and two other contracts soon thereafter and twas ot included in the most recent contract that Dr, Conti signed in June, 2020, ‘Accordingly, there are no remaining contracts containing this provision. The School Committe should actively oversee the superintendent's performance, includingKP LAW Mr. George Xenakis Director of Oversight and investigations December 23, 2020 Page 3 compliance withthe terms of his coniract. In this regard, the OIG has developed a free {raining for members of public Boards and commissions. The elass covers topies essential t0 ‘good governance, including fiduciary responsibilities and effective oversight. Action Plan and Response: The School Committee understands and agrees with the O1G's recommendation in this regard and that such supervision is their respensibilty. I'should be noted tha the School Committee does actively oversee Dr. Conti's performance including ‘compliance with tems of his contact and has consistently found his performance to be excellent. The Schoo! Distict does want to point out for clarification purposes thatthe school employee who was previously given the responsibilty of overseeing Dr. Conti's use ofthe school facilities also previously served as the School Business Manager and was, therefore, largely «subordinate ofthe School Committe rather than Dr. Cont "Notwithstanding, the School Committee understands that it should be overseeing all aspects ‘of Dr. Conti's job performance. The School Committee members wilt enroll inthe training recommended by the O1G or schedule to attend a similar training by March 1, 2021, to be completed by June 30, 2021 3. The Chair ofthe School Committee should ensure tha every commitiee member completes the ‘annual state ethics training. andthe Schoo! Commitee should adopt policies thal ensure ‘employees comply with conflict-ofimerest laws. This includes: ‘4. Stricly prohibiting school employees from performing work for the superintendent or (other supervisors ~ even on a “voluntary” basis: 1b. Adopting a clear, written policy regarding the use of school resources, including equipment. In adltion to complying with the state's conflict-of meres lve, the policy should include internal controls and take into account liability risks. For instance, i should prohibit BPS emplayees from removing BPS equipment from the premises for ‘personal purposes. Action Plan and Response: As previously referenced, te practies set forth above ceased 85 soon asthe OIG brought to the School District's attention that there were potential Violations ofthe Conflict of Interest laws. As stated clearly by the O1G in the Report, any ‘Work done by employees previously with Dr. Conti on various projects was dane completely ‘oma voluntary basis. It should be noted for clartiation purposes that Dr. Conti enjoys a very collaborative relationship with employees in every type of Department inthe School District and this has been viewed by the School Committe as an aset in keeping good relationships with his staTand maintaining good morale throughout the School Distict. Dr. ‘Conti has stripped floors with custodians, frequently acts as a substitute teacher, and helps ‘out in many areas. Although the School Committee and Dr. Conti understand now theKP|LAW Me. George Xenakis Director of Oversight and Investigations December 23, 2020 Page + limitations that are necessary due to the Conflicts of Interest laws, these collaborative relationships were always well intended. The Chair of the School Committe in conjunction withthe Town Clerk already make sure that committe members complete the annual state thes training. The School Committe will review, revise, and implement all ofthe policies recommended above by the OIG by April 1, 2021 4. BPS must follow its reimbursement policy As set forth above, the Schoo! District has been doing this for approximately the pat three (3) years and will continue to do so. 5. The School Committe should work withthe superintendent and the town accountant to develop internal controls, approval processes and use guidelines for the separate ‘reimbursement account 44. As part ofthis, the Schoo! Committee should set aliml, such as $100, for the expenses that cam be reimbursed from the account ‘i. The School Committee should periodically audit the reimbursement account's balance ‘and acti, ‘Action Plan and Response: Also, asset forth above, the School District no longer uses @ Separate account. As such, the recommendations inthis regard are no longer applicable 6. BPS should work with the town and DOR's Division of Local Services ro ensure that itis properly depastting and accounting for all payments tha it receives The School District has already been doing this since the appointment of s new School Business Manager approximately three (3) years ago and will continue todo so. Conclusion Both the School Committee and Dr. Conti are grateful tothe Office ofthe Inspector General for bringing these matters to ther attention. The School Disriet reiterates that all mistakes were completely unintentional and both the School Commitee and Dr. Conti have been fully candid, cooperative and transparent throughout this investigation and fully intend to comply with all ofthe O1G's recommendations. Although Dr. Cont has accepted full responsibility and accountability, ‘whieh does not surprise anyone who Knows him personally or professional, the School Committee ‘wants to make clear tht it believes thatthe responsibility for the unintentional mistakes thtKP LAW Mr. George Xenhis Director of Oversight and Investigations December 23,2020 Page 5 ‘occured les with the School Committee rather than Dr. Conti. As always, Dr. Conti was simply ‘working hard to provide the very best education to all of the students in Burlington and at al times was acting within is authority snd the parameters that were established by the School Committe. Both the School Committee and Dr. Conti have a beter understanding now of the issues raised in the (1G report and intend on implementing all ofthe remaining recommendations atd continuing to ‘met all ofthe challenges tat lie ahead for providing the best education possible exch and every student in Burlington Please do not hesitate to contact me with any further questions. Thank you for your attention, —_ De. Erie Conti, Superintendent of Schools (via email)