I'm sharing this letter that was sent by "Michael T. Moffett," the acting chairman of the Nampa Classical Academy.
He shares some important information. Please let me know if you have any information that confirms or contradicts the statements made here. You can reach me at vholbrook@idahopress.com
In Wednesday's paper read and watch on this blog for:
- Coverage of tonight's board meeting where apparently new board members will be selected.
- An update of the Idaho Public School Charter Commission and the questions it has posed to Nampa Classical Academy.
Dear Parents and staff of NCA,
First, I want to thank every one of you who attended our meeting Monday
night, October 19th. Nampa Classical Academy has made history in many ways
and has been looked to as an example of how to create a charter school.
Unfortunately, our previous meeting cannot be included as a good example and
is something I am not proud of. The NCA Board has let you down. We have been
entrusted to lead this Academy in achieving the "original" intent of the
Charter and Founders. For my part, I am sorry we have failed to lead.
I want to clear up something I said during Monday night's meeting. I stated
the Alliance Defense Fund's attorney said he would drop the legal case
against the State if the current board members, with the exception of myself
and Isaac, did not step down. This is not what he said. What he said was he
could not continue the case with the turmoil of the board like it is. The
board needed to agree to work together with solidarity otherwise, the risk
of losing the major plaintiff in the case was too great and would undermine
the case. He said he needed a solid board that would not blow up at any
time. With that said, I will move on.
I firmly believe the heart of the problem is a vision issue. Unfortunately,
I allowed the lawsuit to become the primary focus of the meeting. The
lawsuit is only one component of the vision issue, and it wasn't a
distraction until it was discovered the former chairmen and the service
providers for the academy were violating our agreement with the Alliance
Defense Fund. In defense of our service providers, I am sure they were not
aware of the new communication channels outlined in our agreement with our
legal counsel. I do not fault them for this. The board should have
corresponded with the service providers so expectations could be meet.
There have been a lot of posts to the PFA blog concerning what was discussed
during Monday's meeting. Some of the posts have been a little inaccurate (I
do not think intentionally) so I want to clarify what is being communicated.
What I will say, to the best of my ability, will be the facts as I perceive
them to be without unsubstantiated interpretation. Do keep in mind, I have
not been given the ability to walk on water, therefore, I might fail at my
intention of keeping just to the facts.
First, I need to define the parties I will be speaking of. Nampa Classical
Academy's Board of Directors (BOD) is self explanatory. Academica West
(Academica) is a charter school management company located in Utah. They
provide management services to charter schools in Utah. Paragon Schools
(Paragon) is Idaho's version of Academica West located in Twin Falls and
owned by the same people as Academica. Shed Development (Shed) is a
subsidiary of Academica West and owned by the same people. Shed purchases
land, designs the school facilities to meet the needs of the school and then
leases the property to the school until the school can qualify for a loan to
purchase the property. Paragon and Shed are used interchangeably. West One
is the general contractor that builds the schools Shed is involved in
developing. It is unclear who owns West One.
Below is an outline of Academica and its subsidiaries and partners
involvement with NCA: 1.March 2008 - met owners of Academica West at a
charter school workshop. 2.Summer 2008 - Shed began to look for land on
behalf of NCA. 3.Early fall 2008 - Buyer's Agreement is signed for 25 acres
just south of our current location.
4.Late fall 2008 - For unknown reasons, Buyer's Agreement deadline was
extended.
5.Early winter 2008 - NCA signs contract for an independent Owner's
Representative to assist NCA in the building process.
6.Late fall 2008 - Shed calls for urgent meeting with three board members
to get approval to purchase 17 acres, and let the Buyer's Agreement for 25
acres expire. Without board approval, the three board members agree to
Shed's idea.
7.November 2008-RFP is posted requesting a bid for education management
services.
December 2008-NCA received one bid for services. It was from Paragon
Schools. Kyle Borger was appointed chair of the committee to check
references.
8.January 2009-Borger reports to the Executive Committee that all
references check out with high scores. He moved that the contract be
approved and send it to the full board for consideration. The full board
discuss and approve the contract as written at the January Regular Board
Meeting.
9.February 2009 - Isaac Moffett steps down as Chairman of the Board to take
a fulltime position with NCA. Kyle Borger takes over as Chair.
10.March 2009 - Kyle Borger asks the BOD to buy out the Owner's
Representatives contract and allow Kyle to fill that role.
11.BOD approves the construction contract with Shed. The request to add
penalties and other protections for NCA was ignored and left out by the
board.
12.April 2009 - City of Nampa issues Shed the construction permits. The
construction may now begin. (A side note - Christian Faith Center received
their construction permits during the same meeting - that project started
right away.) We were told the portables would be ready to move into July
1st.
13.Late June 2009 - construction begins. It is clear the July 1st deadline
will not be achieved. There had been no communication as to the status of
what is going on other than we are given a new date: July 15th.
14.July 15th - portables were not ready. There had been no communication as
to the status of what was going on, other than we are given a new date:
August 1st.
15.August 1st - portables were not ready There had been no communication as
to the status of what was going on, other than we are given a new date:
August 15th.
16.August 15th - portables were not ready. There had been no communication
as to the status of what was going on other than we are given a new date:
August 25th (first day of school).
17.August 25th - portables were not ready. There had been no communication
as to the status of what is going on. Shed promised we would be able to move
in with no problems the day after Labor Day. So we postponed the first day
of school for two weeks.
18.September 4th - the last day before the first day of school. We do not
have a Permit to Occupy (this is required have in order to have people on
site.) and there was still a lot of work left to be completed. The city
building inspector agreed to issue a temporary Permit to Occupy so we could
open.
19.September 8th - first day of school.
20.Post September - work continued for weeks after the Academy opened.
21.Approximately October 1st - construction stops.
We began working with Paragon and Shed during the summer of 2008. The BOD
explained what the physical needs would be to accomplish the vision: enough
land to include the Grammar School, the Logic School, and the Rhetoric
School. The Rhetoric School was to have an auditorium, high school
regulation gymnasium and cafeteria, and the Logic and Grammar Schools were
to have a gymnasium/cafeteria each. The land would accommodate a
football/soccer field, regulation sized track, and if possible, a baseball
field.
We found 25 acres, just south of our current location. When we walked the
ground it was clear this land would allow us to place all 3 schools on one
campus, and have adequate room for the sports activities previously
mentioned. Shed began to make arrangements to purchase the property on our
behalf.
Several months later, Shed learned about the land we are currently located.
It was $20,000 an acre less than the 25 acre property that was under
contract. The argument made at the time was the cheaper land would allow for
a larger Grammar School building.
As I asked questions about this property, I became distressed. We went from
having 25 acres, to 17 acres. I wanted to know if anyone verified if all 3
buildings would fit plus our football/soccer field, track, and baseball
field. I was told it was not checked but that we should be able to. When I
reviewed the plat map, I learned Phyllis Canal was on the west side of the
property and a drain ditch on the east side. I asked how much land we would
loose due to easements. I was told we shouldn't be losing any, or if we did,
it would not be much. Then I was told that the canal and ditch may be piped.
I asked if this had been verified with the irrigation district. I was told
it hadn't. I informed Paragon that the irrigation companies don't play well,
and not to count on them cooperating (I deal with irrigation companies in my
line of work and irrigation companies don't corporate often. Typically, it
is their way and only their way. Pioneer Irrigation Company, the owner of
Phyllis Canal, is notorious for being the least cooperative). In the end,
this is what happened: •We went from purchasing 25 acres to 17 acres. •Out
of those 17 acres, only approximately 12 acres are usable due to the 50ft
canal easements. •The athletic facilities we have room for are a football
field and a 2 lane irregular shaped track.
This land issue did not set well with me. I knew it would not meet our long
term vision. I feel Shed did not perform due diligence to make sure the
property would fulfill our long-term vision. I felt like the savings of
$20,000 an acre (although a large sum of money) and a larger Grammar
building was the focus, not the long-term vision.
In April 2009, the BOD approved the contract with Shed to build and lease
the land and Grammar building. From the time the contract was approved, I
kept asking for a copy of the construction schedule and a copy of the
contract the general contractor had. No one would provide it. The former
chairman told me to let him handle it and let him do it his way. I submitted
to his authority, yet nothing changed. The project kept getting behind
schedule and no one was communicating with us as to what was going on. All
we were getting was one broken promise after another. When asked why no one
was working on Saturdays, we were told the contractor did not feel it was
needed since he felt he could accomplish the tasks without working overtime
or weekends.
Isaac and I were quite vocal about not being supplied with a construction
schedule, especially after it became clear the work was not progressing in a
manner that would allow the Academy to open on time. I work in the highway
engineering field and work a lot with construction contracts, so I know what
is normal when it comes to the basic principles of construction agreements.
There is always a construction schedule and there are always penalties in
any good contract. There are always meetings with the contractor at least
monthly to discuss the progress of the project. None of this had taken
place. Even when it became obvious there was a problem, no one acted on any
advice given to correct it. In the end, we paid the price for it. As I have
already stated, I did not feel good about the current piece of property and
that feeling has only gotten heavier. Now that we have 16 plus portables
onsite and the fence erected to keep kinds out of the canal and ditch it has
become painfully clear to me we absolutely do not have enough room to
fulfill our long term vision. Furthermore, the construction issue with the
portables was a fiasco. I have asked myself and others, if a relatively
simple project like this one was such a problem, what can we expect with a 5
million dollar, 43,000 square foot building?
Something else began to weigh heavily on my mind this summer and has
increased so much it is hard to describe. When the original BOD discussed
what the Academy would look like, the issue of teacher pay came up. From our
research with other charter schools, and particularly classical schools, our
teachers were going to be required to work harder and meet higher standards
than what might be expected at a traditional public school. We expect our
teachers and staff to be professionals and exemplify the Greater Things in
Life. We-the original BOD- wanted to show our respect for them, and
compensate them for their professionalism. One of the ways we envisioned to
do this is to pay all teachers about $10,000 more than State minimums. I am
embarrassed to say we have not lived up to that vision. There are a number
of reasons we were not able to pay the teachers and staff more; the state
cut backs are just one of these reasons. The bottom line is we are not
fulfilling the vision of paying our teachers and staff as well as we wanted.
In addition to not fulfilling our vision to pay out staff in a way that
shows we value them and respect them, I see desks and chairs in classes that
are broken, and need replacing, I see classes with chairs of incorrect size
for the students. We have classes that don't have the entire curriculum
needed because we don't have any more money to spend on curriculum.
As I think about these issues, I have to ask, are we living up to our core
values when we take on a $750,000 a year building debt that is by choice
when our teachers, and staff are under paid, we have inadequate desks and
chairs, and not enough curriculum? Why are we building a grand building only
to balance the budget on our staff and children's needs? Is this living up
to our core values? Is this fulfilling our vision? It isn't the vision the
original directors had, I assure you of this. I think our first priority
should be to take care of what we do have and once those items are where we
want them, then we build with what we have left. If it isn't enough to
build, then we save our money and wait until we do have enough. This would
be fulfilling our core value of industry and thrift, respect.
I began calling for a halt of all construction activities once the portables
were finished until we could do several things:
•Reevaluate whether or not continuing with construction was in the best
interest of the academy, i.e., in regards to the issues with teacher pay,
supplies, etc. •Affordability budget cuts. •Measures taken to keep past
construction issues from happening again.
After asking for a meeting all summer, Shed asked us to go to Utah, to tour
the schools they had built. I suggested it would not be that beneficial to
see buildings that are not ours. Furthermore, to see how nice they look had
no bearing on whether or not our building would be delivered on time
considering what we just experienced. The trip was cancelled and Shed and
Paragon decided to meet with us at the Academy on October 1st.
What we all thought was a meeting to determine what happened with the
construction and how we could move forward, turned out to be quite
different. Shed refused to discuss any of the construction issues with us.
Instead they brought vague accusations of problems the State, the general
public and stakeholders had brought to their attention. When I asked what
these problems were, as none of us were aware of these problems, they
refused to say what specifically the problems were. The accusations turned
toward Isaac and I. There were accusations about personalities, negative
talk, and the public and state disliking the two of us. Once again I asked
for specifics, and once again there were none provided. When I asked how we
were supposed to address issues neither I nor anyone else knew about, we
received no response.
It became clear to me the meeting was not about repairing relationships, but
severing relationships. I asked numerous times whether or not the intent for
driving from Utah was for salvaging the relationship with NCA or severing
it, and they would not answer. After what was probably the 6th time asking,
they stated it was their intent to sever the relationship with NCA.
Specifically, Shed/Paragon implied they intended to sever the relationship
as long as Isaac and I were involved as an employee and board member. After
the meeting, one of the owners of Shed spoke with Isaac and me in private
and stated very clearly both of us had to go if they were to continue
working with NCA. At the end of the meeting, Shed agreed to provide a list
of issues, concerns, and demands for us to consider in order for them to
continue working with us. The BOD scheduled to meet the following Thursday,
October 8th as a work group to discuss Paragon and Shed's demands, concerns,
etc.
I was surprised to learn two days before by email that the Chairman
scheduled a Special Meeting for October 8th considering the last I heard, we
were going to meet to discuss Paragon/Shed's demands and concerns.
Furthermore, I don't think the meeting was advertised according to State
Law. A Special Meeting must be posted and advertised for at least 24 hours
before the meeting. Additionally, the agenda did not meet State Law
requirements. State Law requires agendas provide adequate information to
know what will be discussed. The two items on the agenda were board member
conflict of interest and an executive session. I asked Kyle what the agenda
item was about and told him I did not think it was satisfactory. I did not
receive a response. Isaac and I did not know what the Special Meeting was
about until we were tipped off about two hours prior to the meeting. By
Kyle's own admission, he advertised the meeting in such a way as to limit
the number of people in attendance as much as possible. Kyle was also told
by our legal counsel not to have the meeting because it would hurt the case
we have with the State. Kyle did not tell the other board members about the
legal counsel's advice and conducted the meeting anyway.
After roll call, the Chairman very briefly explained there was a conflict of
interest involving Isaac and I but did not elaborate. Kyle asked me to
resign and I declined. Kyle immediately asked for a motion to be made to
remove me from the board. The motion was made by former Treasurer Kris
Wilson and seconded by Mitch Miller. Each board member and ad-hoc members
with the exception of Isaac took turns saying why they thought I should
resign or be removed from the board. What they stated was no different from
what they said during the board meeting last Monday, October 19th. There
were statements referring to "personality conflicts" and "conflict of
interest" and keeping the board from functioning. I asked for specifics and
I was met with silence.
After the board spoke and I rebutted their comments. The Chairman attempted
to call for the vote; however, the audience spoke up and requested to make
comments. When they arrived at the meeting, most everyone signed up to
speak. The Chairman stated he was not going to allow for public comment.
That did not set well with the audience. After being chastised, Kyle
relented. Each person who signed up spoke to the issue at hand. With one or
two exceptions, the audience expressed their displeasure with the board's
actions. When the audience was finished, Kyle apologized to the board
members for putting them in that situation and stated he was not going to
ask them to vote. Kyle asked for the motion to be rescinded. Mitch rescinded
his second to the motion and Kris hesitantly rescinded the motion.
Immediately after the motion was rescinded, Kyle called for an Executive
Session. I was asked not to attend as it pertained to Isaac (the first I
knew of the topic). As stated during the October 19th meeting, the intent
was to fire Isaac during the Executive Session. However, Kyle said, "Since
that did not work out (referring to me), I guess we will need to wait on
Isaac for a while."
From the meeting on October 8th to the board meeting on the 19th, there were
numerous emails among the board members conspiring to regroup and try to
remove me from the board again. In addition, there was a reference to
Paragon's involvement and the State preparing to make a move. True to the
email, within days, the State began their investigation of NCA.
Kyle resigned Sunday morning, October 11th, Kris Sunday afternoon, and Corey
Freeman, resigned Sunday evening. The remaining board continued to conspire
to remove me from the board a second time and 30 minutes prior to the board
meeting on the 19th of October, they asked me to resign again and if I did
not, I would have three accusations brought against me. One accusation was
the previous conflict of interest issue. Another was Headmaster did not
believe he had the authority to run the Academy like he wants. The other
accusation was they believed I could not separate myself from Isaac,
allowing him to go unchecked. I did not ask to be acting Chairman; it was
their actions that put me in that position and I had only been in that
position for 6 days. Therefore, I told them I had not had an opportunity to
allow or disallow Isaac to do anything.
I told the remaining board members I would not resign and asked for
additional information as to the exact charges against me. I received none.
For those of you who attended the board meeting, their vagueness was no
different. They made it clear this was not over. I expect to endure these
vague charges again.
I have copies of emails from board members demonstrating their clear
malicious conspiracy to remove me from the board. There is an email that
connects Paragon to this take over. According to two board members, there is
a letter that Paragon drafted to send to parents for the purpose of turning
support away from Isaac and I. There is an email that states the Public
Charter School Commission (PCSC) will make their move now that Kyle is gone.
Within days of the October 8th meeting, the PCSC began their investigation
of NCA. Headmaster Bush as assured me we are in compliance with everything
they are looking at, but the level of information they looking for indicates
it is unlikely a staff member or a parent is communicating with the PCSC. In
other words, it appears someone close to us trying to undermine us. As I
said, we are in compliance, but now we have to spend hours and days
gathering information to prove we are in compliance in addition to running
the Academy.
Additionally, Kyle uninstalled many programs from the Academy's Chairman's
computer and deleted all of the Academy data files from the computer. I took
the computer to an IT firm to attempt to recover the files, but many of them
became corrupted through the recovery process. Furthermore, an email I have
suggest Paragon/Shed may be considering a lawsuit. I don't know if it is a
suit against the Academy, the BOD, or Isaac and I. I suspect it would be
against Isaac and I.
I hope I have answered many of your questions and no doubt created a few
more. I will be as transparent as possible as we move forward. I will try to
write a weekly or bi-monthly update. However, it may take a couple of weeks
to start. My number one priority is to keep the Academy operating and all of
my time will be spent accomplishing that task. I am in the process of
putting together a team of individuals that is as dedicated to the original
intent as I am. We will stand and fight for what is right and good. Just as
the 300 Spartan warriors stood at Thermopylae and our founding fathers stood
against the tyrannical British crown and our grandfathers stood for what is
right and good during the other struggles in our Nation's history, so will
we.
Comments:
Managing Editor Vickie Holbrook comments on newspaper issues, explains our decision-making processes or passes on insight, background or insider information that doesn't make it into print.
Even more importantly, it gives you, our readers and Web visitors, a chance to ask questions and offer feedback in an open forum.
Vickie has worked at the Idaho Press-Tribune for 30 years, starting as a reporter. She was named editor in 1996.
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