|
By Olin Ericksen
Staff Writer
May 31 -- City Council members said Wednesday they
are prepared to release more than half a million dollars in
important school funding if the District revises its policy
on controversial "gag" agreements used with a former
finance officer and parents with children in special education.
Less than a week after three council members blocked some
$530,000 in additional annual funding for local schools, the
same council members said they are considering sponsoring
a motion that if adopted by the School Board would automatically
release the funds.
"We are trying to come up with a motion that we can
get behind," said Council member Bob Holbrook, who with
Bobby Shriver and Herb Katz voted to withhold the increased
funding under a 2004 agreement with the District.
Last year, the multi-million dollar contract -- called a
master-use facilities agreement -- gave the public greater
access to school facilities in exchange for $6.5 million in
City funding for the District, which currently faces an $11
million long-term budget deficit.
The six council members who voted last week were divided
on whether to release the additional funds, and Council member
Kevin McKeown cannot vote because he is under contract with
the District.
In addition to revising how the district applies confidentiality
agreements in general, council members who blocked the funding
said specific conditions must also be met before funding is
increased.
Holbrook Wednesday repeated calls to allow former CFO Winston
Braham to speak about finances during his tenure without concerns
of voiding an $189,000 departure agreement with the District.
Although an independent audit was conducted and Braham said
he has no new information to add about district finances,
some Council members have said they are concerned that confidentiality
clauses in Braham’s settlement agreement cloud the transparency
of District finances.
While the District amended a confidentiality clause on May
7 to allow Braham to speak with council, a separate and standard
"non-disparagement" clause in the settlement was
not amended or lifted before last week's important vote.
Braham said he felt he could not talk about district finances
unless the non-disparagement clause was changed or lifted.
District Superintendent Dianne Talarico said before the vote
that the District had no plans of changing it.
Although the eight-month-old episode began with criticisms
of the clauses in Braham’s agreement, some council members
have widened the discussion by including similar “confidentiality”
agreements with parents of special education children, who
testified last week.
Shriver and Katz are reportedly siding with Holbrook and
calling for changes in the confidentiality agreements that
limit parents' rights to speak openly about services received
by their children enrolled in special education programs.
While in favor of continuing mediation processes commonly
used in the State when parents of children enrolled in special
education programs have grievances, Holbrook believes the
confidentiality agreements -- which are not commonly used
in other districts (see story) -- should be amended, but not
entirely eliminated.
"These people are my constituents," said Holbrook.
"I've talked with parents who are absolutely frightened
because they worry that if they speak, they are in danger
of losing the education of their children."
Katz, whose own sons were special education students, expressed
similar concerns at last Thursday’s council meeting.
"No parent should live in fear, and no student should
live in fear for any reason," said Katz.
School Board President Kathy Wisnicki declined to comment
on the council members’ possible motion.
"Because I haven't seen the specifics of what they are
proposing and the board has yet to meet, I am reluctant to
comment," Wisnicki said
"With regards to confidentiality agreements, we need
to take it on a case by case basis," she said. "With
regards to special education students and parents, there are
privacy issues...inherent in each situation.
"What is good for one child may not be good for another."
Under the terms of the five-year “Master Facility Use
Agreement with Santa Monica-Malibu Unified School District,”
the City agreed to boost the $6.5 million in annual funds
with a yearly inflation increase and a separate augmentation
to be determined by the City and District’s budget outlook.
This fiscal year’s inflation increase has been calculated
at $220,000 with the augmentation determined to be $530,000.
The District will still receive the base payment and the inflation
increase.
| 
