We’ve been focusing quite a bit on the superintendent of Jefferson County Public Schools the past few months. Yesterday we told you about his fancy appearance of impropriety with the Center for Applied Special Technologies.
And today there’s another.
At the April 13th meeting of the JCPS Board of Education meeting (the agenda notes and meeting minutes have mysteriously disappeared from the BOE’s website), an item was passed that apparently received very little attention and slipped right by us.
The Board agreed that JCPS would fully participate with VHS, Inc., a Massachusetts virtual high school company. The company, of course, was founded by none other than Sheldon Berman and he currently sits on the company’s Board of Directors.
What’s interesting, really, is that JCPS already has employees and departments handling virtual high school efforts. JCPS Online, JCPS Virtual Middle and High Schools. So why suddenly start working with Berman’s company, VHS, Inc.?
Here’s a link to that hidden agenda (Warning: PDF Link):
Section V – Consent Calendar and Superintendent’s Report
Subsection H – Approval of the Following Contracts
Part 2 – Contract for Full Participation Between VHS, Inc. and Jefferson County Public Schools
(Contract for participation in the Company’s Virtual High School program, including the provision of online professional development courses and VHS NetCourses for two high schools) [KRS 160.160]
(Here’s a link to KRS 160.160, which is cited on the agenda, if you’re interested.)
Unfortunately for Berman, he could be violating Kentucky law. According to KRS 156.480 (Warning: PDF Link), employees of department or school districts with decision-making authority are prohibited from supplying goods or services for which school funds are expended. And there are penalties. Fines ranging from $50 to $500 and the loss of his job.
Take a look at the code:
(2) No employee of any county or independent school district with decision-making authority over the financial position of the school district shall have any pecuniary interest, either directly or indirectly, in an amount exceeding twenty-five dollars ($25) per year, either at the time of or after his appointment to office, in supplying any goods, services, property, merchandise, or services, except personal services that are in addition to those required by contract for employment, of any nature whatsoever for which school funds are expended. If any person specified in this subsection receives, directly or indirectly, any gift, reward, or promise of reward for his influence in recommending or procuring the use of any goods, services, property, or merchandise of any kind whatsoever for which school funds are expended, he shall upon conviction be fined not less than fifty dollars ($50) nor more than five hundred dollars ($500, and his office or appointment shall without further action be vacant.
Berman may mean no harm, but there is a major appearance of impropriety here. It’s not even the first one we’ve mentioned this week and, if we have time, certainly won’t be the last.
We think Superintendent Berman should consider his actions very carefully.
12 responses so far ↓
1 Novena // Apr 23, 2009 at 4:33 pm
“Aristotle Calling on Shelly”
As I said in an earlier thread, I think Berman is burning his own ass. He does seem in violation of KY law. Why are so many Louisville educational administrators into greed beyond decent limits? Shelly is clearly no sociopath like his pal Felner, but, geez, did these guys ever hear of the Aristotelian Golden Mean of moderation?
P.S. Maybe they’re blinded by bouncy blondes and green bills.
2 wc // Apr 23, 2009 at 8:10 pm
This is getting bad–beyond perception, it’s a reality. And we had such high hopes for this guy. Yet another pathetic money and babe hungry “educator.”
3 Bruce Maples // Apr 23, 2009 at 9:59 pm
You know, there are some things that are open to interpretation, a little wiggle room, so to speak. Can we judge Jack Conway’s opinion of someone by how far he stands from them, for instance? Truly a matter open to discussion.
But using public funds that you control to purchase services from a company where you’re on the board? Sorry, Dr. B — that’s just straight up unethical, and as Jake points out, also illegal.
And then there’s the matter of the money itself. There is no mention of an amount on the agenda, but the agenda item does list “full participation” between VHS and JCPS. If you visit their site, a “fully participating” contract seems to say only two schools, as the agenda states. But without seeing the contract, we don’t know how many more JCPS schools could be added in the future.
Conflict of interest is obvious; financial risk is possibly open-ended. Not a way to run a railroad, as they say.
4 Always Amazed // Apr 23, 2009 at 11:59 pm
He knew the school board members would never catch on, they think VHS is a tape that you record TV shows on!
5 Novena // Apr 24, 2009 at 6:36 am
“Show Time in Looserville”
Maybe VHS stands for “Very Hot Show.” That violent porn-gestapo reality epic ran for five long years for Felner. It’ll likely be a shorter version, with much less violence (except to children’s education) and a briefer ending, for Shelly. Even blondes and bank robberies can get boring with too much exposure.
6 Bob // Apr 24, 2009 at 7:36 am
Berman knew exactly what he was getting away with on this one. Is it something in the Louisville education water system? Or is it that the processes for selecting and then checking on these “leaders” is way too easy to manipulate?
If the school board didn’t know what VHS stood for–didn’t know what “full participation” means and costs, then they shouldn’t have voted on the agenda item. Who do they think they are, the U.S. Congress?
But, then, we need to understand that the Supt. is hired in part to keep the board informed. Let’s see what the school board members do about this example of corruption in their own operation.
If Berman broke the law, it was the school board that facilitated it with its approval.
7 Always Amazed // Apr 24, 2009 at 10:28 am
So who’s going to tell the school board members ? The CJ hasn’t picked this or the CAST thing up. Jake, any idea if any of them have caught on to this story yet? And then if the school board let’s it all slide, then what?
Nice positive story on CJ front page on Berman today. Coincidence or planned? We can’t possibly take issue with a guy who is getting those kids at Iroquois to care about the world instead of cussing teachers out, can we?
8 jake // Apr 24, 2009 at 10:56 am
Really? You have to even ask if the Courier-Journal would cover a story like this?
Really?
Hahaha.
9 jcpshope // Apr 24, 2009 at 11:03 am
resign now. go home!
10 Always Amazed // Apr 26, 2009 at 10:09 pm
http://www.courier-journal.com/blogs/ed/blog.html
Bermn defends contract
11 Ky Senate paves the way (AGAIN) for neighborhood schools as a legal right in Jefferson County. JCPS superintendent Berman’s response is “Blah blah blah wah wah wah,” or what we JCPS parents call “The Usual Response.” « // Jan 10, 2011 at 10:50 am
[...] handsomely benefit even more of his Massachusetts buddies. Read more here at thevillevoice.com: Sheldon Berman Has Major Explaining To Do. Listen up, I’m so glad he’s history, I almost can’t stand it. After reading the [...]
12 Ky Senate paves the way (AGAIN) for neighborhood schools as a legal right in Jefferson County. JCPS superintendent Berman’s response is “Blah blah blah wah wah wah,” or what we JCPS parents call “The Usual Response.” « // Jan 10, 2011 at 10:52 am
[...] handsomely benefit even more of his Massachusetts buddies. Read more here at thevillevoice.com: Sheldon Berman Has Major Explaining To Do. Listen up, I’m so glad he’s history, I almost can’t stand it. After reading the [...]
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