Wednesday, February 2, 2011

Pitiful - more money down the tubes (or up the lawyers)

Ruling could cost DeKalb schools millions more in legal fees


DeKalb County taxpayers likely will have to pay millions of dollars more in legal fees in the school district's civil suit against a construction manager, which could include funding representation for ex-superintendent Crawford Lewis, because of a federal court ruling.

This is the latest setback for the DeKalb County School System in its $100 million civil suit against its former construction manager Heery/Mitchell.

On Tuesday, a federal judge granted the company’s request to send the case back to DeKalb County Superior Court, where it originated. In November, the school system had the case moved to federal court in an effort to circumvent DeKalb Superior Court Judge Clarence Seeliger's decision to enable Heery/Mitchell to sue 17 individuals, in addition to the school system.

As it stands, the district will have to pay for its own legal bills and provide lawyers for those 17 individuals, including Lewis, former chief operating officer Patricia Reid and members of the 2006 school board.

The school system already has spent more than $15.5 million in trial preparation for the suit. The judge's decision could cost several more million dollars, board chairman Tom Bowen said.
===

Funny, that's just about the same amount all of this redistricting is supposed to save! It's now a ZERO SUM GAME. (Well, unless you're King & Spalding)

Read the rest at the AJC if you can stand it.

42 comments:

Anonymous said...

Get ready to bend over DeKalb citizens because the winners of the DCBOC and DCBOE popularity contests are getting ready to stick it to you to cover the cost of their incompetence.

http://www.ajc.com/news/dekalb/ruling-could-cost-dekalb-825555.html

http://www.ajc.com/news/dekalb/chamber-exec-dekalb-schools-825349.html

Anonymous said...

Tom Bowen is an incapable leader of the BOE. He is not up to the task of chairing the Board of Education, and he has enabled the blatant, almost criminal waste of tens of millions of our tax dollars.

Resign Tom Bowen.

Anonymous said...

(1) is there D&O insurance to cover the costs of defense for the individuals? (2) do the individuals include Pritchett? (3) anyone wonder why and who was paid the $3 mil for the study over how much was lost by the county in all of this.. particularly when layered on top of the "study" done to close the school Kittredge now sits in..... seems like a lot for the study for damages given what was at stake ... given what's going on, I wonder if there's more to the study than meets the eye..... Just wondering.

Anonymous said...

Why is it that some Anons think that the Board Chair (who has one vote like the other 8 Board members) has more culpability that other Board members? You are aware that the additional responsibilities for the Board Chair is a chair the meetings and act as a spokesperson for the collective Board?

Anonymous said...

The funny thing to me is that I think (thought?) that DCSS had a pretty solid case against Heery.

As someone who was involved back then, I really think they were responsible for at least some of the mismanagement.

This is a big deal, because the BoE really had been counting on winning this lawsuit.

Anonymous said...

I heard that too. But when the school system's two key witnesses are indicted for fraud, that really tanked the case.

I always wondered if Heery had any role in feed the DA information.

LoQuecia from Lithonia said...

Um, me thinks Heery is gonna win this one. K & S will drag it out making dat money, but in the end the good ol citizens of Dekalb will get punked.

Anonymous said...

"Why is it that some Anons think that the Board Chair (who has one vote like the other 8 Board members) has more culpability that other Board members?"

Because the Chair is first and foremost supposed to be a LEADER! Stop always passing the buck, you apologists out there!

It is simply mind numbing that Bowen did not resign when Lewis and Pope were indicted. He is the leader of the nine people who are supposed to be the final checks and balances. Instead they were rubber stamps. Even Frankie Callaway had the presence of mind to resign during her grade changing scandal.

Tom Bowen + No Confidence

Ella Smith said...

The money spent on this case is so sad. The only people to win this case are the legal teams of both groups.

Tom Bowen is an extremely good Chairman, and he does only have 1 vote. The entire school board makes decisions. Tom Bowen runs the meetings. However, the entire school board makes the decisions as a group.

Anonymous said...

UNREAL! I agree with the previous poster regarding the "studies"! So as we layoff more teachers and cut budgets, we're paying legal fees for the 2006 BOE. Those are the folks that voted for the original "redistricting" plan.

Like we have said time and time again. Until we get rid of the entire cancer, we're going to keep getting sick. It's time to say so long to everyone at the Palace. DCSS needs a total palace cleansing!

Anonymous said...

Hey, a DeKalb School Watch newspaper story!!

Sorry for the long link, go to the DeKalb Neighbor newspaper site


http://mid.nn.marietta.new.adqic.com/stories/internet-connection,167790?content_source=&category_id=1,2,6,8,9&search_filter=&event_mode=&event_ts_from=&list_type=&order_by=&order_sort=&content_class=&sub_type=stories&town_id=&page=

Anonymous said...

Here it is. Why isn't our hero Cere mentioned?!


Community blogs, where residents are finding a way to connect, advocate for neighborhood causes and share information abound in DeKalb and its cities.

The Neighbor goes behind the screens to profile three of the area’s most popular bloggers.

Kim Gokce

www.communityradar.com or www.crosskeysfoundation.org.

As founder of Community Radar and the Cross Keys Foundation, and a frequent contributor to the DeKalb County School Watch blog, Brookhaven resident Kim Gokce is all over DeKalb’s blogosphere.

Gokce said he founded the Community Radar website, which provides news on community issues and events, in 2002 as a way to connect DeKalb neighborhoods.

“Community Radar was born out of my frustration with the lack of communication between neighborhood associations. If you’re lucky, there’s one person in your neighborhood who tries to keep in touch with the outside world. The opportunity was to connect those people together,” he said. “People talk about the Internet as isolating people. From what I’ve seen, it brings people with common interests together. It’s just a tool. It doesn’t change the human need for community.”

In his work at the Cross Keys Foundation, Gokce has started a blog, a Twitter account, a Facebook page and a YouTube channel.

“Once I became aware of the situation with Brookhaven’s only high school, and what I would call a ‘gap in advocacy,’ I wanted to do something,” he said. “Since I don’t have wads of cash, I wanted to apply my knowledge of technology and social media.”

“If people understand the value of these young people, they’re going to rally behind them. Through blogging, we’re able to tell people the real story,” he added.

Dan Magee

www.dekalbschoolwatch.blogspot.com

With thousands of hits per day, the DeKalb County School Watch blog is one of DeKalb’s most popular.

Contributor Dan Magee said the blog was born a little over two years ago out of a desire for transparency in the county schools.

“The school system is a billion dollar enterprise and no one paid the same attention to it as the county government,” he said. “I’m a taxpayer and trying to sell my house, from what we hear from the realtors, the school system is affecting that.”

Magee said the issue of transparency played a big role in the recent elections – new board members Nancy Jester and Donna Edler campaigned in part on opening the school system up.

“I think both of them, in a small part, got elected because of the blog. I think it galvanized their support,” he said. “They got donations from the blog. That’s not the only reason, obviously, but it’s part of it.”

Magee said the blog offers the opportunity for residents to work together to connect various sources of information.

“You have parents, taxpayers and teachers posting in the same place,” he said. “People realized the rampant nepotism, the huge bureaucracy.”

“But, it’s not just about whining. People talk about best practices,” he said. “The lesson from the School Watch blog is, the more open we are, the less misinformation there is.”

Anonymous said...

Part 2:



Rick Callihan

www.dunwoodytalk.blogspot.com

With a unique blend of humor, a fondness for graphics and a passion for Dunwoody news and events, resident Rick Callihan kickstarted his blog, DunwoodyTalk, in June 2009 as a forum to discuss city issues.

“Very few people attend city council meetings, and back in 2009 the media coverage of the council meetings was not very revealing,” he said. “It presented only one viewpoint with very little investigation.”

With increased media coverage of Dunwoody, Callihan said he has backed off slightly from reporting city council happenings, but still posts on sensitive topics such as redistricting and sees value in continuing to blog.

“People like to laugh and they like to look at pictures,” he said.

“The blog’s role is to not only keep residents in the loop of proposed changes in city laws and ordinances, but to also give insight on local issues,” he added. “A fun part of the blog is giving my reviews of local eateries like Village Burger and Mellow Mushroom — both get A ratings from me. Some issues raised on the blog were then brought up and discussed at council meetings.”

Callihan occasionally hosts guest-bloggers, like Chip Bagman, and said he welcomes inquiries at www.dunwoodyparent.gmail.com.

Cerebration said...

Lewis spent $3.6 million to Neilsen-Wurster/Marsh for a "study" to determine how much to countersue for (the decision: countersue for between $85-100 million). King & Spalding's bill so far -- we've heard is over $15 million. (The only "winners" in this case, IMO.)

For the best legal background on the trial, read this report

So, how is the civil case between DCSS and Heery Mitchell coming along?

And for some background on Pope and Lewis read

With leaders like these . . .

Anonymous said...

"Tom Bowen is an extremely good Chairman, and he does only have 1 vote. The entire school board makes decisions. Tom Bowen runs the meetings."


Seriously, Ella, seriously? Did you really just write that? Have you ever taken a course of effective leadership? You might be the only person in the county, other than Tom's relatives who work for the school system (which he never disclosed during his campaign) who believes Tom Bowen is doing a good job at BOE chair.

Anonymous said...

Try this link for the newspaper story:

http://mid.nn.marietta.new.adqic.com/detail.html?sub_id=167790

Cerebration said...

BTW - they asked me for an interview, but I declined. This blog belongs to the community and those inside the school system who would like a forum to have a voice. I asked Dan to represent us and he did a very nice job - thanks Dan!

Anonymous said...

Can the citizens of the county sue the board members (of that time period) who did not make appropriate financial decisions.

Honestly, this is terrifying. These are tax dollars. This money is our kids education. I really want to know what the board's position is on this? How do they justify this spending rather than directing money to the classroom. I am sickened that we are one the hook for the legal fees of people who have robbed our kids blind.

What has the board done in writing Tyson's contract to ensure that we will not be on the hook for her (or future administrative hires') legal fees in the event that their own behavior jeapardizes cases and the finances of the district? What is the BOARD doing (it is appropriately their job) to ensure that contracts are written in such a way that our money goes to our kids rather than legal fees.

Anybody know someone who wants to buy a house???

Anonymous said...

Please help me understand.I remember hearing once that the amount that the DCSS owed this construction company was $ 500,000.
Why didn't we try to settle with the company before the fees got this high. Even if one side wins, there will probably be years of appeals. What a waste, of time,effort and money.

Anonymous said...

I am anxiously waiting to find out the names of the 17 individuals that Heery/Mitchell is going to sue.

I think that SACS should withhold its decision until it is known how far up the chain that the allegations will go and what is the potential dollar liability of DCSS.

Jeffy boy was on WSB tonight trying to put on the most favorable spin.

As for businesses not settling in DeKalb County because of the school system,the equally incompetent and dysfunctional County government also shares part of the blame.

Cerebration said...

For more background, read our post made up of video announcements and news reports at the time, as well as a link to download the actual indictment. (MAY, 2010)

Superintendent Lewis, Pat Pope and others indicted

Anonymous said...

I find Bowen's attack on the judge's order disingenuous. It's going to cost taxpayer's money? The Board itself has already cost taxpayers' money because of its "legal."

They thought they could make money from a judgment or perhaps a settlement on their countersuit. But they've spent millions trying to achieve that elusive and speculative goal by paying millions to a top-shelf law firm, which will laugh its way to the bank with money that could have saved teachers' and paras' jobs.

Contrary to Bowen's attack on the judge's decision, it sounds to me like the Board was trying to delay justice by transferring to federal court, knowing damn well that the tab to K&S would skyrocket.

And the judge has now suggested that the Board was trying to do an "end around." The description of his order in the AJC sounds like it had some chastising language directed to the Board.

It seems the Board's motives for countersuing and seeking a transfer were void of any sound legal or economic judgment.

Got a feeling that this may impact SACS' investigation.

Anonymous said...

"...because of its legal strategy"

Anonymous said...

Please help me understand.I remember hearing once that the amount that the DCSS owed this construction company was $ 500,000.
Why didn't we try to settle with the company before the fees got this high.


The issue is that DCSS broke the contract because they believed that Heery wasn't doing a good job. In fact, the alleged mismanagement cost DCSS 10s of millions of dollars. DCSS was paying Heery to be the eyes on the ground and manage the project.

The change orders back in those days were unbelievable.

No Duh said...

Forget no BOE meetings minutes being posted. Next meeting is on Monday and the video of the January meeting hasn't even been posted yet. Guillory is really earning her keep.

Anonymous said...

So Bowen is the problem when Manning-Moon was district board member when this happened. Yes, Hallford, Lynn Cherry Grant, Be Be Joiner & Franzoni.

Lay off of Tyson, she inherited a "mess" and is attempting to clean up whta has been going on for years. I know she had no idea of what was being thown her way. Let's pray for her and the DeKalb Scholl System so we can provide excellent education for ALL of our students.

Cerebration said...

Scroll up and read some of the links I've posted and you will understand where we've been with this...

Anonymous said...

Ms. Tyson knew exactly what she was inheriting. She was part of the problem. Did you forget she was at the top of the organizational structure right next to her buddy Crawford. Stop acting as if she was in the dark on everything.

Anonymous said...

Anon 9:54, Tyson didn't even know one of her MIS employees, Jamal Edwards, son of former BOE'er Frances Edwards, didn't show up to work for six months. And when she found out, he wasn't fired. He should have been arrested for fraud.

Tyson was only a teacher for two years. She wasted millions as head of MIS. She is in know way qualified to be a superintendent. Her only qualification is she isn't morally corrupt like Crawford Lewis.

Anonymous said...

Ella Smith, have you lost your mind? Tom Bowen wanted Gene Walker to be BOE Vice-Chair! He supported Gene over you. Sembler Gene Walker. Six relatives working for the school system Gene Walker. Refused to resign from the DeKalb Development Authority Gene Walker. Lawsuit Gene Walker (http://www.accessnorthgeorgia.com/detail.php?n=150517
http://www.accessnorthgeorgia.com/detail.php?n=165732)

Tom Bowen has put what little reputation he has left behind Gene Walker. Tom Bowen let Crawford Lewis and Pat Pope go unchecked for year. Enough said.

Cerebration said...

The email responses to Sarah Copelin-Wood concerns about getting in trouble for meddling in the Citizen's Task Force reveal how Tom Bowen really thinks about things. (Ignore, sweep it under the rug, move on)

My preference is to not take it on at all and let it go away. It will be a bunch of he said, she said. Only thing we could do is add to the policy on citizen committees but that would just attract more attention.

No investigation and nor do I want one. Especially now that we changed the plan with the four schools and we aren't going to use the findings anyway.


Spinning a web of deceit our board reps try in vain to sweep their own debris under the rug

Anonymous said...

IMO one of the real issues with the Heery Mitchel suit (and others) that DCSS gets involved in is that DCSS does not have an independent, in-house, general counsel, looking to mitigate damages for on-going and in-coming law suits and looking over in-coming invoices for legal bills. There's no one who owes a fiducidary duty to the school system to look out for these issues unless Ron Ramsey has just inserted himself into this role....

Anonymous said...

" There's no one who owes a fiducidary duty to the school system to look out for these issues unless Ron Ramsey has just inserted himself into this role...."

But Double-Dipper Ron Ramsey is at the Gold Dome three months of the year, incudling right now, in the middle of the school year.

Anonymous said...

King and Spalding run Georgia.
They have for decades. Running up huge legal tabs for them allowed Lewis et al to show their loyalty.
Proper pay offs results in hands off when the dust settles in GA.

Anonymous said...

Before I was hired as a teacher, I was required to have a background check performed on me, as well as being fingerprinted. Every couple of years, this process is repeated so that I can remain employed as a teacher. Many professions require background checks, credit checks, and fingerprinting, particularly those that entail a "fiduciary" responsibility to the public.

So, what are the minimum requirements for serving and maintaining a seat on the BOE?

Ella Smith said...

I actually did identify Tom Bowen as one the best chairs that we have had in awhile. He does not cause any friction on the school board by being the chairman. He is someone in the middle who is able to deal professionally with situations that come up on the board. He is not rude to other board members during meetings and he also has a calm way to him which is needed to be the Chairman of the DeKalb County School Board.

I can assure you that Tom Bowen does not dislike me or Dr. Walker. This is the type of person he is. I may not agree with every decision he makes on the school board but I respect him highly as the leader of the school board that he is. He makes his decision on what he feels is best and does not take sides in the political underside of the school board. I am not crazy but realistic to the job he does running the business meetings. I do not agree with Dr. Walker either on topics but I respect him as my school board member. I get along just fine with Dr. Walker and Tom Bowen. I would not change my mind regarding Tom Bowen regardless of who he supported in the district 9 school board race. He has a right to support who he wants to support. This is not offensive to me.

I think Tom Bowen is one of our good school board members and we are lucky to have him. (IMO)

Anonymous said...

Seriously, Ella, seriously? Did you really just write that? Have you ever taken a course of effective leadership? You might be the only person in the county, other than Tom's relatives who work for the school system (which he never disclosed during his campaign) who believes Tom Bowen is doing a good job at BOE chair.

MANY PEOPLE WILL 2ND THAT. COMMENTS LIKE THIS IS WHAT SCARES PEOPLE.

Anonymous said...

Ms. Jester and Ms. Edler,

We thought you were going to post the minutes in your newsletters to your constituents.

What happened?

Anonymous said...

Ella at 7:43:
Then WHY did all the corruption happen during his leadership watch? Did he truly not know anything was going on? Your selective memory and your "take" on things is what kept me from voting for you. We don't need skewed thinking ... we need open eyes and clear thinking. This is just ludicrous.

Anonymous said...

In Tom's defense -- I don't think the corruption just took place on his watch... I think it's just become exposed on his watch and he's not handled it quite the way he should have handled it -- perhaps, I think, he's been hampered by his desire to progress politically rather than by an interest to just do the right thing. Alternatively, he's also in a district that maintains elected status through New Birth and he may be in a political corner because of New Birth connections. I don't think for a minute that the corruption just began. I think it's just hit the surface because (a) Dr. Lewis trapped himself by turning Pat Pope over to the DA and thinking that he could then call the shots with the DA because of their relationship (not thinking through the evidence there against himself) and (b) this blog has enabled everyone with tiny pieces of the big puzzle to come forward in a way that hasn't been available previously. I think it is compounded because of the economny and we are more aware of it because of the blog bringing more facts to the media that they can't ignore. But it's not new to "Tom's watch." I think Tom is in a quandry that he inherited.

Anonymous said...

Ella!! Please come back to Earth. Please re-read the email exchanges between Tom Bowen and SCW, and tell me that Tom Bowen is an ethical person? He threw away an official complaint presented to him by a committee member appointed by a BOE member. Seriously, read his e-mails to SCW, and tell me he's worthy of any respect and trust.



http://dekalbschoolwatch.blogspot.com/2010/08/spinning-web-of-deceit-our-board-reps.html

From: bowent7522@att.blackberry.net Tuesday, May 04, 2010 4:58:28 PM
Subject: Re: Your Reference To Me In Article In AJC
To: SARAH COPELIN-WOOD

I was asked the status and I said the board had not had any time to discuss it given all we had going on with the budget and other things.

My preference is to not take it on at all and let it go away. It will be a bunch of he said, she said. Only thing we could do is add to the policy on citizen committees but that would just attract more attention.

From: bowent7522@att.blackberry.net Tuesday, May 04, 2010 5:32:27 PM
Subject: Re: Fwd: Re: Your Reference To Me In Article In AJC
To: SARAH COPELIN-WOOD

No investigation and nor do I want one. Especially now that we changed the plan with the four schools and we aren't going to use the findings anyway.

Anonymous said...

Tom Bowen has been very very effective. He is exactly what this school system needs.

C'mon. Gag me. He, like most of the other Board members, are in it for themselves and their family members. Period.

He may have started out ok, but he succumbed to the pressure like most politicians do. He won't go down in history as a good ethical Board member.

How refreshing it would be to have a really transparent, for the parents, for the students, board member who has the courage to stay that way, and not feel threatened by those who have "given in" to a corrupt system in order to stay in power and line their own pockets and the pockets of their family members.

It's a sad state of affairs.