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By Olin Ericksen
and Jorge Casuso
May 16 -- For six months, the School District's
former chief financial officer has kept quiet about the district’s
financial state to avoid risking his $189,000 settlement.
Now, with $750,000 in City funding possibly riding on his
testimony, Winston Braham says he'll speak, but only if the
District further loosens his agreement.
Although the school district amended a controversial confidentiality
clause this month releasing him to speak to City Council members,
Braham told The Lookout Tuesday that a second clause
in his contract prohibiting him from making “disparaging”
comments would also need to be "removed" or "lifted."
“I just figure unless they lift it, I won’t speak,”
Braham said in an exclusive interview. “The key word
is 'disparage.' Something that is true but is negative could
be viewed as disparaging.
“I don’t have to be negative to disparage. I
can just speak the truth,” he added. “It ‘s
clear that the District’s strategy is to do something
to lead the council and the public to think that Braham doesn’t
want to talk.”
Under the amended agreement, Braham said he “can only
speak on issues that occurred during my employment”
and cannot address anything that happened after his departure,
although “those things are all interconnected.
“They (District officials) added that,” Braham
said. “That was not in my agreement.”
School Board President Kathy Wisnicki said Monday she believes
Braham could speak about finances without disparaging the
District under the current amendment and without any further
changes to his settlement.
Braham clearly disagrees. “Their lifting parts of the
agreement is not adequate,” he said.
Much may be riding on the District’s decision whether
to again change Braham’s contract before the council
faces a looming vote, possibly on May 24, that would boost
school funding by $750,000, from its current $6.5 million
to $7.2 million in the upcoming fiscal year. (see
story)
Two council members, Mayor Richard Bloom and Ken Genser,
have said they would vote for the adjustment, despite their
concerns about the conditions of the settlement.
However, three other council members -- Bob Holbrook, Herb
Katz and Bobby Shriver -- have said that if Braham cannot
speak to the council about the District's fiscal conditions
during his tenure, it could impact their vote.
With Council member Kevin McKeown abstaining, because he works
as a computer consultant for the local schools, three votes
is all it could take to block the much-needed funding for
the District, which could face a possible $11 million deficit
in three years.
Shriver, the most vocal council member on the issue, said
Monday that if Braham does not speak publicly, whether under
the advice of his attorney or on his own volition, his silence
could jeopardize the additional funds.
"I'm just worried," Shriver told The Lookout.
"It seems a very difficult atmosphere to approve funding."
Genser, as well as other council members, agrees any information
Braham may have about district finances will add little, since
the District has undergone an independent audit since his
departure. Braham agrees.
“Nothing I would say is not now known,” Braham
said. “Clearly, most of the painful or negative things
are known. They have been publicized in the press.”
Many have characterized the entire episode as an internal
dispute or "personnel" issue, after Braham left
the District on unfriendly terms last fall, shortly after
he refused to certify that an increase in teachers salaries
would not place the district's finances in the red. (see
story)
Although Shriver and others have pushed for Braham to speak
in a public setting, such as at a council meeting, the Santa
Monica City Attorney's office said the matter could be heard
privately – with individual council members -- without
violating the State law on public meetings.
Braham noted that under the First Amendment, he has the right
to address the council at a public meeting.
“I can pick up my chit as a member of the public and
speak,” Braham said. “I have no intentions of
doing that. I would like this handled in a dignified, constructive
way.
“I conducted myself with integrity and decorum,”
the former CFO said. “I don’t want to make speculations
or speeches.”
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