in Houston, Texas
HISD may buy $10,000 monitoring software to enforce ethics rules governing E-Rate technology program
Thursday, May 06, 2010, 03:53PM CST
By Lynn Walsh

Houston ISD should buy monitoring software to enforce new E-Rate ethics rules, which could cost the district $10,000 a year, HISD's E-Rate compliance officer said Thursday at a board workshop meeting.

The software would help the Houston Independent School District monitor campaign receipts and business relationships between HISD trustees and vendors doing business with the district under the E-Rate technology program. Funding of the program, which provides discounts to schools and libraries, was frozen in 2006 after three HISD employees were accused of accepting meals and other gifts from E-Rate vendors. The district settled a lawsuit with the Federal Communications Commission earlier this year.

According to Richard Patton, HISD's E-Rate compliance officer, the compliance agreement sets out these requirements:
  • E-Rate program employees and HISD board members are not allowed to accept any gifts, meals, entertainment or anything else of value from any E-Rate vendors.
  • An HISD trustee cannot vote on HISD contracts with an E-Rate vendor if the trustee has accepted more than $500 annually in campaign contributions from the vendor or accepted more than $2,000 in business payments from the vendor.
  • HISD trustees are not allowed to communicate with E-Rate vendors during a mandatory "quiet period," beginning from the date a request for proposal is issued and through contract execution.

Patton said he got input from HISD Board President Greg Meyers in developing more stringent guidelines:

  • HISD trustees cannot accept any campaign contributions from an E-Rate vendor; if a trustee accepts any campaign contributions from an E-Rate vendor he is not allowed to vote on the contract.

  • The mandatory "quiet period" would begin 30 days before the RFP process begins and last until the contract has been executed

  • Board members are required to submit all campaign or business receipts to Patton within seven business days.

Houston ISD trustees would still be held to the $2,000 business relationship restriction and would not be allowed to accept gifts such as meals. The HISD board members are set to vote on these stricter guidelines at board meeting next Thursday.

Houston Chronicle education reporter Ericka Mellon raises this question about a loophole in the policy, and asks readers to weigh in:
"Board members could accept contributions from spouses or other relatives of e-rate vendors. That sounds like a loophole to me."
There is still confusion among trustees about the finer points of the new ethics rules on E-Rate vendors. Trustee Harvin Moore said he thought campaign treasurers would cross-check campaign contributions with an E-Rate vendor list provided by HISD, rather than HISD taking on that role.

"I think you have an obligation as your treasurer to do your due diligence, but HISD also has a requirement, and our recommendation is that we also get a list of those contributions so that we can protect HISD," Patton said. 

Patton said HISD would use the software to comb the trustees' campaign receipts for potential conflict of interest violations, then notify board members before they deposit or cash any checks. It's unclear whether the same service would be available for challengers to sitting trustees.  

Moore suggested Patton and HISD lawyers review all of HISD's conflict of interest policies so that the E-Rate ethics rules are consistent with other rules. View his full comments in the clip below.


The new E-Rate Policy for HISD trustees also means more paperwork; Patton made changes to the HISD Trustee Disclosure of Interest Form, suggesting this version.

Patton said he added a few questions; Moore joked that the form "has doubled in length."


Contact Lynn Walsh at 713-228-2850 or lynn@texaswatchdog.org. Search #HISD on Twitter to follow Lynn's updates on news from Houston ISD, and follow all her reporting on @lwalsh or @texaswatchdog.
 
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