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ARCHIVE 2003 JUMBOTRON BELOW
Community Update # 4
How much money is the Jumbotron generating?*
*
Jumbotron expenses and
revenues
Action Sports Media
file
Action Sports Media -
Termination and Release Agreement dated July 27, 2004
Will future proceeds go to serve all students?**
**
Revenue Generating
Task Force Handout - page 39 - September 13, 2004 board meeting
From: S Bushart
Sent: Monday, February 06, 2006 12:29 PM
Subject: Eanes Community Update #4
Dear Eanes friends:
Most of us understood that Eanes
taxpayers purchased the Jumbotron scoreboard with close to $500,000 of bond
money--which was fine with most of us because we were told that advertising
income generated by the Jumbotron would benefit Eanes education. We were told
that the Jumbotron would pay for itself in just a few years and that revenue
could support teacher salaries. Most of us assumed that the proceeds from this
advertising revenue would be deposited in the general fund account for
distribution of goods and services to benefit all of our students at every grade
level.
Unfortunately, we have no way
of verifying this because many of these records have not been made public.
Despite the Internal Revenue
Service requirement for all 501(c)3 organizations that "all records, books, and
annual reports of the financial activity of the corporation shall be kept at the
registered office or principal office of the corporation in this state for at
least three years after the closing of each fiscal year and shall be available
to the public for inspection and copying there during normal business
hours," the Westlake CHAPS Club has refused to open its books to the public.
Why?
Eanes responded to a recent
request for jumbotron revenues with a letter stating that there were no
responsive documents.
What are they hiding? What
don't they want the public to see or to find out about? Is there something
amiss?
Eanes parents and
taxpayers
have the right to know what the total costs have been for the Jumbotron,
including initial purchase, insurance, operating costs and expenses to cover
vandalism and the additional security required. After all, we paid for the Jumbotron. We also have the right to know how much revenue has been generated
by the Jumbotron and how much total revenue has been deposited to the general
fund. More questions:
Has Eanes ISD turned the Jumbotron advertising revenue
over to the non-profit Westlake Chaps Club?
Does the advertising revenue from
the Jumbotron currently benefit only Westlake H.S. athletics?
Wishing all the best for our
children, our parents, our teachers and our taxpayers,
Susan Bushart
From:
S Bushart
Sent: Friday, March 24, 2006 9:03 PM
To: sbushart
Subject: Eanes ISD
Community Update #11
March 24, 2006
Dear Eanes Friends,
According to Eanes ISD School Board Policy
GE (Local), school booster clubs are required to submit yearly financial
statements to the district. Also, University Interscholastic League (UIL)
booster club guidelines direct school districts to maintain records of
athletic booster club financial transactions.
In summary, together with other members of
our community I have unsuccessfully attempted to access these records on at
least ten separate occasions--over the past two and a half years.
HISTORY OF REQUESTS:
2003
- August 13, 2003 request
for Westlake Chap Club ("Chap Club") financial statements for past five years.
- No responsive documents provided by EISD.
2004
- March 22, 2004 request
for documents reflecting Chap Club income and expenditures from 2002-03 academic
year through date of request.
- No response.
- When Eanes ISD failed to provide any
response to this request for public information, I sought assistance from the
Office of the Attorney General in obtaining compliance with the Texas Public
Information Act. On September 14, 2004 (6 months after the request was
submitted) Nola Wellman certified to the Office of the Attorney General that no
documents responsive to the request have been located.*
2005
- June 4, 2005 request
submitted to Chap Club President for copies of checks from the organization's
account distributed between the dates January 1, 2002 and June 4, 2005.
- Access to records denied.
- Received a letter from Chap Club legal
counsel dated August 24, 2005 (two-plus months after request was submitted)
denying access to the requested records.** If the Chap Club benefits from
public property and/or funds (ex. Jumbotron, parking spaces, advertising
signs) the corporation may be subject to the Texas Public Information Act.
- June 12, 2005 request
submitted to Eanes ISD for the identity of the Eanes ISD employee designated to
sponsor, coach, or direct the activities of the Chap Club.
- No responsive documents per July 1, 2005
EISD email.***
- July
1, 2005 letter sent to Nola Wellman and Board of Trustees expressing
concern that the district is failing to comply with Eanes Board Policy GE
(Local).
- No response.***
2006
- January 29, 2006 request
submitted to Chap Club President requesting access to Chap Club financial
records ****
- No response.
- February 20, 2006
request re-submitted to Chap Club President citing the legal requirements to do
so pursuant to The Texas Nonprofit Corporation Act.****
- February 22, 2006
response generated by Chap Club legal counsel's offer to provide access to Chap
Club financial records in accordance with The Texas Nonprofit Corporation
Act.****
- February 27, 2006 request
to Chap Club legal counsel requesting appointment to view Chap Club financial
records.****
- No response.
- March 13, 2006 request to
Chap Club legal counsel reiterating request for an appointment to view Chap Club
financial records with a copy to Chap Club President.****
- No response.
Questions for consideration:
- Why isn't the Chap Club in compliance with
Eanes ISD Board Policy GE (Local) in their failure to provide yearly financial
audits to the district?
- Why won't the superintendent and/or Board
of Trustees respond to my requests for the identification of the school employee
designated to sponsor, coach or direct the activities of the Chap Club?
- Failure to comply with The Texas Nonprofit
Corporation Act is a Class B misdemeanor, so why hasn't the President of the
Chap Club provided access to the organization's financial record
- Why isn't Eanes ISD complying with the UIL
athletic booster club guideline that states, "Periodic financial statements
itemizing all receipts and expenditures should be made to the general club
membership and on file at the school."
I encourage the Westlake Chap Club to
provide easy access to all records relating to the
organization's financial transactions by posting the information on their
website
http://www.chapclub.org Eanes ISD has provided a link to the Westlake
Chaps Club on the district's web page
http://www1.eanes.k12.tx.us/athletics
Wishing all the best for our students, our
parents, our teachers and our taxpayers,
Susan Bushart
_____________________________________________
* See attachment
March 22 Chaps Club request and OAG certification
** See attachment June
4 Chaps Club request and response from legal counsel
*** See attachment July
1 letter (noncompliance Board Policy GE Local)
**** See attachment
January 29 Chap Club request and response from legal counsel
Eanes ISD Board Policy GE (Local)
http://www.tasb.org/policy/pol/private/227909/pol.cfm?DisplayPage=GE(LOCAL).html&QueryText=BOOSTER%20CLUB
UIL Booster Club Guidelines 2005-06
http://www.uil.utexas.edu/policy/booster_clubs.html
From:
S Bushart
Sent: Thursday, March 30, 2006 4:13 PM
To: sbushart
Subject: Eanes ISD Community Update #15
March 30, 2006
Dear Eanes Friends,
This week I've sent you three updates
illustrating my attempts to access contracts, proposals,
requests, and/or agreements, between the Eanes Independent School District and
the Westlake Chap Club and/or Westlake Chap Club Inc. related to advertising
income generated by the stadium signs, parking spaces and radio broadcasting.
As mentioned in Eanes ISD Community Update #4, I have also asked for
information relating to advertising income generated by the Jumbotron.
Another Eanes taxpayer requesting similar
documentation received a response from the EISD Records Management Coordinator
on January 11, 2006 indicating that there were no documents held by the district
reflecting advertising revenue from the stadium signs, gymnasium signs,
jumbotron and/or radio broadcasting.* A letter was sent to our superintendent,
Nola Wellman on March 23, memorializing the numerous unsuccessful attempts to
access these financial records. This communication presented several questions
and disturbing conclusions.**
Nola Wellman has not responded.
The quest for this information was expanded
to an internet search. You can imagine my surprise to discover answers to some
of these questions in an article published on the financial website
Bloomberg.com. The article mentions Westlake Chap Club President Bill Orr and
states:
"Orr, president of Westlake High's Chaps
Booster Club, says his best fund-raiser included a golf tournament and auction
that offered a guitar from the rock band the Eagles and Elvis Presley records.
It raised $68,000. The club raised another $80,000 selling corporate-sponsorship
space on the electronic scoreboard. A donation of at least $1,000 delivers a
reserved parking spot at 12,000-seat Chaparral Stadium on game days. There were
50 sold this year." ***
Although this article claims the Westlake
Chap Club raised $80,000 selling corporate-sponsorship space on the electronic
scoreboard (Jumbotron), a document submitted to EISD by the Westlake Chap Club
indicates only $52,416.68 was raised.**** Of that amount, the Eanes Independent
School District received only $18,203.24 income. I don't have information
clarifying what accounting fund EISD deposited the revenue into.
Questions for consideration:
-Why did EISD state on January 11, 2006 that
the district had no documents relating to Jumbotron advertising income when they
in fact had the Chap Club statement dated August 16, 2005?
- Why did EISD expend public education
dollars on legal fees attempting to withhold documents relating to the Jumbotron
contracts, proposals, agreements and income associated with the Westlake Chap
Club.
- Why won't EISD and/or the Westlake Chap
Club provide access to the agreement referenced in the August 16, 2005
statement?****
- Why didn't EISD provide any documents
reflecting board consideration and/or vote relating to agreements with the
Westlake Chap Club's association with the Jumbotron?
- Why is there a difference of approximately
$28,000.00 in claimed Jumbotron revenue between the internet article and
financial accounting provided to our district?
-
Why is the Westlake Chap Club willing to
discuss the organization's finances with reporters, yet unwilling to share the
substantiating documentation with our taxpayers?
Once again I encourage both the Eanes
Independent School District and the Westlake Chap Club to provide easy
access on their websites to information relating to the income and
expenditures of public education funds allowing for clear understanding of our
district's policies and spending priorities.
Wishing all the best for our students, our
parents, our teachers and our taxpayers,
Susan Bushart
Questions relating to the revenue
generated by the Jumbotron can be directed to:
Nola Wellman Superintendent
nwellman@eanes.k12.tx.us
Susan Pulis Assistant Superintendent
Business Affairs
spulis@eanes.k12.tx.us
EISD Board of Trustees
trustees@eanes.k12.tx.us
Westlake Chap Club Board of Directors
(Co-Presidents) Liz Ann and Bill Orr
sharyorr@yahoo.com ;
billorr@orrholdings.com
__________________________________________________
* See attachment EISD
response to ORR #1228
** See attachment letter to
Nola Wellman
*** Orr, president
of Westlake High's Chaps Booster Club, says his best fund-raiser included a golf
tournament and auction that offered a guitar from the rock band the Eagles and
Elvis Presley records. It raised $68,000. The club raised another $80,000
selling corporate-sponsorship space on the electronic scoreboard. A donation of
at least $1,000 delivers a reserved parking spot at 12,000-seat Chaparral
Stadium on game days. There were 50 sold this year.
The club recently raised $200,000 to buy equipment for the
school's 4,000-square-foot (372-square-meter) weight room.
Link to article here http://www.bloomberg.com/apps/news?pid=10000103&sid=aaqG21AIhLvM&refer=us#
**** See
attachment Chap Club Jumbotron collections
From:
S Bushart [mailto:sbushart@austin.rr.com]
Sent: Wednesday, April 19,
2006 8:12 PM
To: susan bushart
Subject: Eanes ISD
Community Update #17
On July 15, 2005 I submitted an open
records request to the Eanes Independent School District (attached)*.
The district provided 40 pages of documents responsive to my request.
Recently I had the opportunity to access
financial documents held and provided by the Westlake Chap Club. I
viewed documents relating to financial contributions from the Westlake
Chap Club to the Eanes Independent School District. These items were
responsive to my July 15, 2005 request to Eanes ISD, but for whatever
reason were not included in the 40 pages released by the district on
August 1, 2005.
Documents that I reviewed held by the Westlake Chap Club, Inc. on March
31, 2006 and April 3, 2006 that were responsive to this request and not
provided by Eanes ISD are:
- letter to Nola Wellman dated 9/21/04
with check #1839 payable to EISD for the amount
$14,000.
This check was deposited in the WHS Activity Account
and recommended for use by Mr. Poole for football videos.
- documents held by EISD Athletic Director
Derek Long reflecting requests to Westlake Chap Club Inc. for purchase
of audio visual and/or computer equipment at the cost of
$27,715.04.
(Paid for with check #2025 on 6/9/05)
- documents held by EISD Athletic Director
Derek Long reflecting requests to Westlake Chap Club Inc. for purchase
of laptop computer to administer and maintain athletic website, assist
in athletic director office for administrative uses for events,
meets etc. (Paid for with check #1845 on 9/24/04)
- documents reflecting donation of
$4,517.14
from Westlake Chap Club Inc. to EISD for Tech Theater (Paid with
check #1874 on 11/7/04)
- documents reflecting donation of
$2,240.40
from Westlake Chap Club Inc. and received by EISD employee Lisa
Schlimgen on 8/30/04 (Paid for with check #1810 dated 8/25/04)
- documents reflecting donation of
$53,000.00
from Westlake Chap Club Inc. and received by EISD employee Lisa
Schlimgen on 5/23//05 (Paid for with check #2011 dated 5/15/05) for
coaches stipends
-
documents
reflecting donation of
$18,850.00
from Westlake Chap Club Inc. and received by EISD employee Lisa
Schlimgen on 5/23/05 (Paid for with check #2012 dated 5/15/05)
- documents reflecting donation of Sony
video equipment from Westlake Chap Club Inc. to EISD costing
$8,750.00
(Paid for with check #1999 dated 4/27/05)
- letter to Nola Wellman dated 9/24/04
with a donation from Westlake Chap Club Inc. of
$1,652.00
recommending that the funds be used by the volleyball program
- documents reflecting donation of
Binswanger Glass products and/or services from Westlake Chap Club Inc.
valued at
$3,924.13
(Paid for with check
#2027 dated 6/9/05)
- letter to Nola Wellman dated 8/20/04
with Westlake Chap Club Inc. donation of $$1,075.00
and recommendation that the funds be used for the athletic program (Paid
for with check #1087 dated 8/16/04) This check
was received by EISD employee Lisa Schlimgen on 8/30/04.
- letter to Nola Wellman dated 8/26/04
with Westlake Chap Club Inc. donation of
$2,240.50
recommending that the money be used by the Westlake High School football
team.
- documents reflecting direct payment of
$1,500.00 from
Westlake Chap Club Inc. to
EISD employee Lisa Schlimgen (Paid for with check #2008 dated 5/10/05)
- documents reflection direct payment of
$1,500.00
from Westlake Chap Club Inc. to EISD employee Lisa Schlimgen (Paid for
with check #1842 dated 9/24/04)
Questions for consideration:
- Why didn't Eanes ISD provide all
documents responsive to this request?
- How can our community access
accountability for the district' failure to comply with Texas Government
Code Chapter 552 Texas Public Information Act?
- Why is the Westlake Chap Club
providing monetary compensation with checks written directly to Eanes
ISD employees? Is this appropriate or legal? I've posed these questions
to Eanes ISD administration but they haven't
responded. **
- How does our district monitor the
financial activities of the Westlake Chap Club as they directly relate
to our public facilities and employees?
- Who is legally responsible for the
decisions made regarding requests, receipt, and/or expenditures of these
funds...the athletic director's assistant,principal, superintendent,
board of trustees..?
I continue to encourage both the Westlake
Chap Club and the Eanes Independent School District to publicly post on
their websites the details of all financial transactions providing
easy access to this information for our
taxpayers.
Wishing all the best for our students, our
parents, our teachers and our taxpayers,
EANES ISD CONTACT INFORMATION:
* (see
attachment)
TPIA Chap Club
**
(
see attachment) direct pay
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From:
S Bushart
Sent: Friday, June 02, 2006
To: sbushart@austin.rr.com
Subject: Eanes ISD Community Update #19
June 2, 2006
Dear Eanes Friends,
Today I've chosen to provide a follow-up to
Eanes ISD Community Update #17 attached below.
On April 9, 2006 I sent a letter to
Superintendent Nola Wellman expressing my concerns about the public documents
exempted from disclosure described below, and asked to meet with her informally
to seek clarification and resolution of this problem. She didn't respond
........ so ,still seeking answers and hoping for corrective action I formalized
my inquiry by filing a public complaint as directed in Eanes Board Policy GF
LOCAL. I clearly listed the documentation withheld by Eanes ISD. The documents
withheld related to the transactions described below. All donations were dated
within the timeframe of my request; July 1, 2004 - July 1, 2005.*
The complaint worked its way through Level
I, Level II and on May 31, 2006 the Eanes Board of Trustees considered the
complaint at Level III. Their decision was unanimous.......no evidence of
wrong doing !!!
Money, products and services were donated
by the Chaps Club, checks were cashed by Eanes ISD and yet our district
administrators have asserted their lack of any record relating to these
transactions is not problematic.
Questions for consideration:
- Should taxpayers be satisfied with this apparent lack of fiscal accounting?
- If you donated $53,000.00,
wouldn't you want that donation recorded by the recipient and the money easily
accounted for?
- Who in our school district is responsible
for the integrity of our district's finances?
I encourage our district administrators and
board of trustees, to seriously reconsider all
concerns presented relating to fiscal accountability. Taxpayers vote, and the
Eanes taxpayers spoke volumes when they voted "NO" on a recent bond proposal.
Wishing all the best for our students, our
parents, our teachers and our taxpayers,
Susan Bushart
ATTACHMENT:
April 18, 2006
Dear Eanes Friends,
On July 15, 2005 I submitted an open records
request to the Eanes Independent School District (attached)*. The district
provided 40 pages of documents responsive to my request.
Recently I had the opportunity to access
financial documents held and provided by the Westlake Chap Club. I viewed
documents relating to financial contributions from the Westlake Chap Club to the
Eanes Independent School District. These items were responsive to my July 15,
2005 request to Eanes ISD, but for whatever reason were not included in the 40
pages released by the district on August 1, 2005.
Documents that I reviewed held
by the Westlake Chap Club, Inc. on March 31, 2006 and April 3, 2006 that were
responsive to this request and not provided by Eanes ISD are:
- letter to Nola Wellman dated 9/21/04 with
check#1839 payable to EISD for the amount $14,000. This
check was deposited in the WHS Activity Account and recommended for use by Mr.
Poole for football videos.
- documents held by EISD Athletic Director
Derek Long reflecting requests to Westlake Chap Club Inc. for purchase of audio
visual and/or computer equipment at the cost of $27,715.04.
(Paid for with check #2025 on 6/9/05)
- documents held by EISD Athletic Director
Derek Long reflecting requests to Westlake Chap Club Inc. for purchase of laptop
computer to administer and maintain athletic website, assist in athletic
director office for administrative uses for events, meets etc. (Paid for
with check #1845 on 9/24/04)
- documents reflecting donation of
$4,517.14
from Westlake Chap Club Inc. to EISD for Tech Theater (Paid for with check #1874
on 11/7/04)
- documents reflecting donation of
$2,240.40
from Westlake Chap Club Inc. and received by EISD employee Lisa Schlimgen on
8/30/04 (Paid for with check #1810 dated 8/25/04)
- documents reflecting donation of
$53,000.00
from Westlake Chap Club Inc. and received by EISD employee Lisa Schlimgen on
5/23//05 (Paid for with check #2011 dated 5/15/05) for
coaches stipends
- documents
reflecting donation of $18,850.00
from Westlake Chap Club Inc. and received by EISD employee Lisa Schlimgen on
5/23/05 (Paid for with check #2012 dated 5/15/05)
- documents reflecting donation of Sony
video equipment from Westlake Chap Club Inc. to EISD costing
$8,750.00
(Paid for with check #1999 dated 4/27/05)
- letter to Nola Wellman dated 9/24/04 with
a donation from Westlake Chap Club Inc. of $1,652.00
recommending that the funds be used by the volleyball program
- documents reflecting donation of
Binswanger Glass products and/or services from Westlake Chap Club Inc. valued at
$3,924.13 (Paid for with check #2027 dated
6/9/05)
- letter to Nola Wellman dated 8/20/04 with
Westlake Chap Club Inc. donation of $$1,075.00
and recommendation that the funds be used for the athletic program (Paid for
with check #1087 dated 8/16/04) This check was received by
EISD employee Lisa Schlimgen on 8/30/04.
- letter to Nola Wellman dated 8/26/04 with
Westlake Chap Club Inc. donation of $2,240.50
recommending that the money be used by the Westlake High School football team.
- documents reflecting direct payment of
$1,500.00 from
Westlake Chap Club Inc. to
EISD employee Lisa Schlimgen (Paid for with check #2008 dated 5/10/05)
- documents reflection direct payment of
$1,500.00
from Westlake Chap Club Inc. to EISD employee Lisa Schlimgen (Paid for with
check #1842 dated 9/24/04)
Questions for consideration:
- Why didn't Eanes ISD provide all
documents responsive to this request?
- How can our community access
accountability for the district' failure to comply with Texas Government Code
Chapter 552 Texas Public Information Act?
- Why is the Westlake Chap Club
providing monetary compensation with checks written directly to Eanes ISD
employees? Is this appropriate or legal? I've posed these questions to Eanes
ISD administration but they haven't responded. **
- How does our district monitor the
financial activities of the Westlake Chap Club as they directly relate to our
public facilities and employees?
- Who is legally responsible for the
decisions made regarding requests, receipt, and/or expenditures of these
funds...the athletic director's assistant,principal, superintendent, board of
trustees..?
I continue to encourage both the Westlake
Chap Club and the Eanes Independent School District to publicly post on their
websites the details of all financial transactions providing easy
access to this information for our taxpayers.
Wishing all the best for our students, our
parents, our teachers and our taxpayers,
Susan Bushart
EANES ISD CONTACT INFORMATION:
Dale Whitaker, Director of Communications:
dwhitake@eanes.k12.tx.us phone: (512) 732-9002
Nola Wellman, Superintendent:
nwellman@eanes.k12.tx.us phone: (512) 732-9001 fax: (512) 732-9005
Board of Trustees:
trustees@eanes.k12.tx.us
* (see attachment) TPIA Chap
Club
** ( see attachment) direct pay
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