TRUTH ON TUESDAY Edition 2

Friends and Supporters of the Albemarle Truth in Taxation Alliance,

I must  offer thanks and appreciation to each of the thirty-one different readers of last weeks report who contacted me. I have responded to each reader who called or mailed and was overwhelmed by their vast knowledge of Albemarle County and saddened by some of the accounts of waste recounted. Over time I hope to address every item brought to my attention and make every citizen of Albemarle County aware of these issues.

Reading your emails has reinforced my firm belief that ATTA members accept their share of responsibility for the financial well-being of Albemarle.   ATTA members are a self-reliant group and never look to have decisions handed to them, but in accepting that responsibility ATTA members understand, good decisions cannot be made based on tainted information.

ATTA began because an error of omission of information by county officials. Despite common rhetoric, ATTA has never called for slashing taxes or services in Albemarle County. ATTA has only sought accountability and full transparency from government so that you can base your decisions unhindered.

ATTA will continue to evaluate two simple metrics:

  • What is being said by the county?

Is it accurate?  Is it complete?  ATTA looks to informed you if something has been omitted.

  • What is being done by the county?

The most simple measure of accountability is matching word to deed.

Keith Drake often repeated to me variations of the old adage -Where there’s smoke, there’s fire.  I learned this week that many of you hold puzzle pieces showing there is a lot of smoke out there. I appreciate your help and we will work together to find and put out every fire.

James L. Stern

TRUTH ON TUESDAY Edition 2

Why 76.2 cents is not an honest starting point for the real estate tax rate discussion?

ATTA hopes to assess the details leading to nearly 10 million dollars in savings presented by County Executive, Tom Foley to the Supervisors in the afternoon session on October 5th, 2011. But there is more concern to evaluate school finances and comfort with the county budget is bolstered by the adopted zero based budgeting approach.  This requires re-justifying the departmental budget differences as part of the 2012 cycle. ATTA the document details will show how the individual departments achieved the savings, if they are repeatable, and possibly room for even more improvement.

The school budget has sometimes included phantom savings.  When a position is eliminated that never existed, it is less than truthful to say that you have cut costs. The County Executives Budget Office has demonstrated better financial reporting practices.  Confidence in those practices, along with using the past to predict the future, indicate it is more likely the school budget, not the county budget, may be problematic in the details. With limited resources ATTA will concentrate for the short term on the school funding request.

This is not to say the County Executives Budget Office, the Board of Supervisors and their Spokeswoman have always presented things in a uniform manner, without discrepancies and with full disclosure.

Issues never have two sides. That would be too simple. There often are as many points of view as the number of people involved. But there can only be one choice made, we must demand to have the complete picture, then we all can accept the challenge to work together and strive to make the best decisions.

So, before switching gears, let us finish the ATTA position on the 2012 real estate tax rate as set up by the Report from last week and note a few additional points made by readers of the last ATTA Truth on Tuesday Report.

Even though required to start budget discussions at a 76.2 cent rate, that is not the most honest starting point

The BOS makeup dictates ATTA doesn’t waste resources on the rate discussion but these facts show, not what the rate should be, but where the discussion should start.

  • An approved annual budget is still just a projection, not a guarantee. Only at the year end is the actual budget known, and there will always be differences that surface.
  • The county reported publicly the expected difference over the course of the 2011 budget is about $10 million dollars.
  • The BOS is legally bound to use best efforts in setting the tax rate so the approved and ending budgets are within reasonable tolerance. 
  • Training sessions for any Board position, even the tiniest foundation, will teach that it is not a ‘best practice’ to use the unspent funds from operational expenses for any non-operational purpose.
  • The BOS always follows the rules with regard to material changes in the budget mid-cycle, but the timing still usurps the rights of the taxpayers. Financial discussions outside the spring budget focus are often under the radar for the general public.
  • It is on record, Duane Snow and Dennis Rooker proposed a 75.2 cent real estate rate be set for 2011.
  • After the October 5th presentation of the anticipated surplus by Mr. Foley, the County Spokeswoman Lee Catlin neglects to tell the media about the $10 Million surplus, but covers the possibility of a $1 Million dollar shortfall for 2012. Look at Lee Catlin’s words from www.newsplex.com about the projected shortfall and the concerns of the County:

Despite the unwanted budget news, Catlin says things could be worse.

“We don’t find ourselves in the same situation that we have been in recent years when we’ve had a very significant [gap] to make up. We’re not there, but it’s concerning to us to have a $1 million decline,” she explained.

The county’s largest revenue source is real estate taxes. As the local and national markets continue to decline, revenues are falling with them.

So what is the sum of these facts?

This budget season will not contain any major shift in the rate, most likely settling on the 76.2 cent ‘equalized rate’. With an evenly split Board it seems the four votes required to make significant changes is nearly impossible. But with what you know you can help set the record straight as parents parade their children in front of both the School Board and the Supervisors asking to raise the tax rate because there isn’t enough money.

Any budget discussion that starts with a 74.2 cent rate or the 76.2 cent equalized rate does not start using a truthful baseline. The 74.2 cent rate was simply wrong, and clearly the 75.2 cent rate proposal was about 1.4 million dollars more so.To have a zero difference between the projections and the actual budgets would have required a rate set of 67 cents, 7.2 cents less than the rate we paid. That is just simple math and beyond dispute. This would not make each line item correct but would have eliminated the over collection of 10 million dollars unnecessarily from the people.

  • Any budget discussion that starts with a 74.2 cent rate or the 76.2 cent equalized rate does not start using a truthful baseline. The 74.2 cent rate was simply wrong, and clearly the 75.2 cent rate proposal was about 1.4 million dollars more so.
  • To have a zero difference between the projections and the actual budgets would have required a rate set of 67 cents, 7.2 cents less than the rate we paid. That is just simple math and beyond dispute. This would not make each line item correct but would have eliminated the over collection of 10 million dollars unnecessarily from the people.
  • Under our county policy of zero based budgeting the departmental budgets must be rejustified annually. 2012 budget should take the equalized rate of 76.2 cents, subtract the 7.2 cents representing the over collection of taxes, and honest discussion begins with 69 cents as the starting point.
  • No one can expect absolute perfection in budgeting, as it is only part science and especially difficult in volatile economic times. But Supervisors Snow and Rooker were heading in the wrong direction calling for a higher rate.
  • An honest starting point of 69 cents does not mean that in the end the budget would not need to be right back at 76.2 cents. But it would require the county to follow zero based budgeting and explain the 2012 budget changes from the true starting point.
  • It is not for ATTA to say why, but be aware the Boyd and Foley chose to tell the whole story while the media and our Spokeswoman decided not to tell you.  Her words when this and other quotes are looked at in full, seem to have an agenda, but you must draw your own conclusions.
  • An honest starting point of 69 cents does not mean that in the end the budget would not need to be right back at 76.2 cents. But it would require the county to follow zero based budgeting and explain the 2012 budget changes from the true starting point.
  • It is not for ATTA to say why, but be aware the Boyd and Foley chose to tell the whole story while the media and our Spokeswoman decided not to tell you.  Her words when this and other quotes are looked at in full, seem to have an agenda, but you must draw your own conclusions.


An easy view of the whole picture

You can think of this whole issue as being similar to the handling of your check book at home. If you save money on some utility bills and build up $100 in savings, you can go out and spend it or save it. If you have spent much of the past three years at the dinner table discussing tight times ahead and choose to spend the money on a new Kindle or Nook, then you might be subjected to a few choice words from your spouse if you need to raid the savings account to cover day to day expenses. We have cut capital spending budgets drastically in Albemarle County, that does not change what is the right thing to do. Moving operational spending to optional spending does not fit in with the cries of continued economic hardship.

A quick look at the other part of the equation

All who mailed felt a new library in Crozet is needed, but of much smaller proportions.  Details from ATTA members are worth noting. I do not know if this boondoggle can be stopped but ATTA will now put the library project front and center on the watch list.

ATTA has not verified all the information provided by readers, but they are an informed and intelligent group,and when the same details come from multiple readers via email, there is no danger in repeating to all these items, with the understanding more details are sure to surface.

On the Crozet Library:

  • Every reader response noted that libraries are dying in the traditional sense as a book repository.  Statistics from the readers indicate an 85% or greater decline over the 20 years from 1995 to 2015.
  • This physical building size is huge and is wasteful for many reasons the most often cited, the meeting space included when there are seven current public buildings within a stones throw.
  • The new buildings physical size will be nearly double the size of the Crozet firehouse was shocking to many Crozet area residents.
  • Several readers mention the proposed library plan appears not to heed several of the county’s own planning directives. ATTA can only say at this time of the charges levied at least one item of complaint appears to be true based on a quick review.  The library design seems to be at odds with county planning by ignoring their call for the use of regulated parking in these types of projects.

On the pool cover:

There was uniform condemnations and not one comment in support, even from within Crozet.

On the firing range for police training

ATTA is fully aware of the needs for law enforcement training and heard the day of the vote that there was a $1.4 Million earmark for the range.

ATTA Chairman Jim Stern is a former military officer, who began his service in the Virginia National Guard Armory in Staunton.  Vice-Chairman of ATTA, Bill Smith, retired after 32 years in law enforcement.   ATTA has taken the stance that a community that is not safe has little value and has repeated publicly the call for safety services to remain paramount.

Bill Smith is just starting to prepare a report for a future issue of ATTA Truth on Tuesday. But from a purely financial point of view and not in any way to diminish ATTA’s expressions of support for law enforcement, there are already some concerns, despite the appearance of a need for the facility.

  • Albemarle has already built two ranges that failed.  This time a range needs to be done in a manner that provides long term viability for the range. This range cannot be built and then close due to neighborhood complaints or lack of on-going funding support.
  • ATTA will always have reservations about entering into anything with potential financial impact with the City of Charlottesville.  The treatment of Albemarle by the city in the past, and the treatment of its own officers recently under Mayor Norris certainly gives reason for pause and closer scrutiny

Next Week- How To ’Speak School’ - Beware the Details


 

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Truth On Tuesday Report

January 17, 2012 Edition 1

From: The Desk of James L. Stern – Chairman

Friends and Supporters of the Albemarle Truth in Taxation Alliance,I am proud to present to you the first ATTA Truth on Tuesday Report

Since founded by former Chairman Keith Drake, the volunteers of ATTA have striven to validate county revenue and expenses and provide you with information that has been omitted. or poorly disseminated by Albemarle County.

The ATTA Truth on Tuesday Report will continue that tradition by covering items that have local financial impact, are of concern to taxpayers or contain information not easily accessed by the residents of Albemarle County. ATTA will challenge the status quo by suggesting approaches that provide the same return in a more responsible manner.

I will always implore you for your help. Donations are vital to continuing ATTA’s work, paying for advertising and office supplies and will always be deeply appreciated. For most of us, times are tight so please do not donate money if you are struggling. But I will still call upon you to contribute. An all volunteer organization needs many hands to help carry the load and many things can even be done from home. ATTA always needs to analyze as the data we have been able to obtain, read hundreds of pages of budget documents and contact other localities to seek out best practices. Please join with ATTA in serving all of the people of Albemarle.

I will do my best to answer every email sent to truthintaxation@yahoo.com and if you ever have concerns or information about financial waste or mismanagement in Albemarle County government or schools, please contact me.

Everyone should agree, regardless of political beliefs, a dollar taken from the citizens of Albemarle County should be used for the purpose it was collected.

A dollar stolen, wasted, or unaccounted for will never be used for schools, law enforcement or fire and rescue.

Sincerely,

James L. Stern
Chairman, Albemarle Truth in Taxation Alliance

Truth on Tuesday Report

Supervisors Play Ten Million Dollar Shell Game

In October 2011 as local media reported Albemarle County anticipated a one million dollar budget shortfall in 2012, the Albemarle Truth in Taxation Alliance reported the full story. The difference between the funds allocated in the approved budget and what was spent by the individual departments was ten million dollars.

The 2011 real estate tax rate was set so high that ten million dollars more was taken from us than had been needed. We should have had a lower tax rate, but it was almost even worse!

If the other Supervisors had followed the advice of Duane Snow, Ann Mallek and Dennis Rooker and raised the real estate tax rate to 75.2 cents per hundred the taxpayers would have overpaid another 1.4 million dollars and we would have $11,400,000 left over in the bank. Or would we?

Why was the county talking about a one million dollar shortfall and not praising the individual departments and staff members that had saved ten times that amount?

The money was not used as the budget had allocated. It is in the county bank account, for now. The Supervisors have no plans to save it all, to reduce this years tax rate or rebate those overcharged, it seems the Supervisors have some other plans that needed funding.

Since October the Board of Supervisors has decided to purchase a $200,000 pool cover, spend $1,400,000 to build a rifle range and spend about $7,000,000 on a new Crozet library/community center.

The Board directed that 25% of the money from the tax calculation error into savings and plan to spend the entire remaining 7.5 million dollars and an additional 1.1 million dollars on clearly discretionary items that can wait.

Is the Board of Supervisors meeting their fiduciary responsibilities to the citizens by spending 8.4 million dollars that had been specifically allocated to county departments in the approved 2011 budget and misdirecting them to discretionary items in the midst of one of the worst recessions in
American history?

The Albemarle Truth in Taxation Alliance asks the people of Albemarle County to join us in calling for the Board of Supervisors to:

  • Be more responsible more than last year when they set the 2012 tax rate.
  • Meet their fiduciary responsibilities and place a one year moratorium on all new discretionary spending and reduce current discretionary spending by 10% with no exceptions.
  • Explain how shifting unused operational funds to pay for new amenities for a few is equitable to all county residents that paid the excess.
  • Display the highest of ethical standards and fiscal responsibility at all times, but with added vigilance until the recession has passed.

The ten million dollars unused as the budget directed works out to about $100 per person in Albemarle County. Will the money be handled with the highest ethical standards?

If the Board of Supervisors decides to continue down this path of spending on luxuries in hard economic times they had better make sure there is not is single firefighter or law enforcement position that goes unfilled. County Administration should always make safety the highest priority. But it is more than that, it is the perception of choosing privilege over need, choosing want over necessity.

Don’t the Supervisors understand how it will look to the whole community if they choose to spend on big ticket extravagance right now?

Before the checks are signed, ATTA challenges the Board to meet face to face with families in Esmont and Cismont, Scottsville and Earlysville, Boonesville and Covesville and explain to them how the Supervisors have justified their choices. At those meetings, can the Board explain how it is ethical to take the $400 that represents a family of four to build a private rifle range in southern Albemarle, buy pool cover and build a library/community center in Crozet while the family in front of them struggles to pay for gasoline, utilities and food?

The Albemarle Truth in Taxation Alliance understands there are always capital improvement items that have already gone through extensive planning but remain unfinished. ATTA is not calling for the removal of these projects from all future plans.

ATTA is saying Not Now

Freeze ALL new discretionary items for one year

_____________________________________________

To Make a Donation of Time or Money to ATTA or for general questions or to
obtain a donation form, email:
ATTAinfo@yahoo.com

Donations and mail can be sent to
ATTA
Box 6519
Charlottesville Va, 22906

To contact the Chairman directly please send an email to truthintaxation@yahoo.com
The Albemarle Truth in Taxation Alliance (www.AlbemarleTruthInTaxation.org) is a Political Action Committee (PAC) registered with the Virginia State Board of Elections. Its non-partisan mission is to promote more effective and efficient Albemarle County government, focusing on the budgeting process and taxation issues. Since its founding in 2007, ATTA’s efforts have resulted in millions of dollars in savings to taxpayers.

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Jim Stern on The Schilling Show

Jim Stern and Rob Schilling discuss the latest Albemarle County budget.

Part I

 

Part II

 

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Changing of the Guard: ATTA Welcomes New Chairman and Executive Committee

Keith Drake has left ATTA to join his new bride Dawn in Houston Texas.  Jim Stern has been named as the new Chairman.

ATTA has also elected the 2012-2013 Executive Committee and Advisory Panel . Pete Whit has been named Vice Chairman and is the ATTA liason to the Board of Supervisors. Betty Sevachko is continuing for a second term as Treasurer.

The other members will be confirmed in October.

 

 

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ATTA On Air

Keith Drake and Jim Stern’s recent appearance on The Schilling Show at WINA…

Keith Drake

Jim Stern

Taking Calls

Rob, Keith, & Jim

News Interview

News Interview

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Voiding agreements right first step to take

Daily Progress addresses unauthorized agreements:

Albemarle County school division brass last week declared void a set of agreements between the county’s high school athletics directors and vendors of athletic apparel and gear. Good decision…

Read full editorial

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Release of “Agreements” Raises New Questions

ATTA calls for full accounting of unauthorized exclusivity agreements

After six weeks of requests by both Albemarle taxpayers and school board members, ATTA appreciates the Albemarle School Division’s attempt to release the exclusive agreements allegedly entered by Albemarle high school athletic directors on behalf of Albemarle County and its taxpayers. Those agreements between Albemarle County and certain sports apparel and equipment vendors required purchase by student athletes of that vendor’s products in return for pricing discounts and free goods.

However, the documents released by Albemarle County are not the contracts that have been the subject of ATTA’s investigation. ATTA Chairman Keith C. Drake remarked, “Two of the three agreements are not signed by either party, and the third agreement is signed only by a ‘School Administrator’. As such, they are not contracts or agreements binding on either party. They are merely working documents.”

If actual contractual agreements exist, they should be released to the public.

The Albemarle School Division claimed yesterday that “the three agreements are not legally enforceable.” ATTA questions the basis for this statement. Are they not enforceable because the individual athletic directors did not have the authority to sign them, or because the documents were never fully executed as noted above?

If no contractual agreements exist, legally enforceable or otherwise, then under what authority are Albemarle County student-athletes required to wear a certain brand of athletic apparel and gear?

ATTA’s Jim Stern noted, “Since ATTA publicly disclosed this issue yesterday, we’ve received calls from several concerned county high school parents. The experiences shared with us by those parents suggest a significant gap between the requirements of the agreements and what our student athletes and their parents actually experience, regarding some sports being exempted from the compliance requirements, and also regarding required price discounts at school-based ‘outlets.’ We will continue to investigate the issue.”

ATTA suggests the following questions will also help to bring insight into this issue: How does the free athletic gear provided to Albemarle County high schools affect the budget requests from the athletic directors? Is the value of that gear a factor in formulating the funding requirements for the sports involved?

At this point, ATTA feels a full and independent financial and operational accounting of the agreements and their implementation is appropriate.

Developing…

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Albemarle Public School Athletic Directors Enter Into Unauthorized Contracts

Overview

Albemarle County High School Athletic Program Directors have signed “exclusivity agreements” with sporting apparel and equipment companies (Vendors) that were not approved by Albemarle County Public School (ACPS) Administration.  ATTA has discovered that these contracts were not  reviewed by Albemarle County or ACPS legal departments and the Albemarle County School Board was unaware the agreements existed.

The unauthorized entry into these contracts by all three ACPS High School Athletic Directors has occurred for several years.  These contracts were signed with different vendors and have different terms and conditions.  In the case of Monticello High School, that agreement has either been entered into each of the last three years (and perhaps prior), or is an agreement with duration of at least three or more years.

The signing of these documents without review or oversight has created the potential for significant financial liability to the taxpayers of Albemarle County.  Additionally ATTA has identified a number of issues as part of its discovery process in regards to communication, policy and procedures in place in ACPS.

Details

Exclusivity Agreements are contracts where a Vendor offers benefits to a customer in exchange for the agreement of the customer to purchase certain goods from that Vendor.  The compensation to the customer can be monetary or other items of value.  In the case of Albemarle County, athletes in some high school sports are required to wear athletic apparel from only the Vendor that has signed an agreement with the Athletic Director at that high school.

ATTA has established the following information about the exclusivity agreements at this time:

·         The benefits of each of these agreements were never weighed by the ACPS School Board against the potential harm to students and their parents.

·         The requirements of these agreements were never evaluated by competent authority for potential liability to the taxpayers of Albemarle County.

·         No evaluation was conducted, prior to entering into the contracts, to determine if a single master agreement with one Vendor could have been negotiated to derive better value for student athletes.

·         These agreements have not been made available to the public or even to the members of the School Board, even after specific request for their disclosure.

·          There has never been an accounting to the public or even internally within ACPS, of the benefits or costs of these agreements.

·         There has never been an accounting to the public or even internally within ACPS of how the benefits received have been applied.

At the beginning of the current school year, Albemarle County High School Athletic Programs implemented a charge of $75 per athlete, per sport, athletic fee.  Multiple requests by athletes’ parents for a process to follow if they cannot afford the gear required by the exclusivity agreement or the athletic fee have not been answered. Requested of the Monticello Athletic Department, a written procedure has never been provided.  Both issues relate to a financial burden placed on athletes and the ability to seek exemption or accommodation when appropriate.  Both issues require public accountability and a direct policy response by ACPS.

For several years, athletes in selected sports at Albemarle High Schools have been required to purchase certain athletic gear only from a single approved manufacturer.  This gear is not required for safety reasons, but required to provide undisclosed benefits to the school athletic programs.  The number of athletes being required to purchase gear from the approved manufacturer has been increasing to include more athletes in more sports each year.

Athletic Departments have assured parents and athletes that no student would be prohibited from participation if they could not afford the approved gear or the required fee.  Attempts to secure a set of written instructions outlining a process that athletes should follow to request an exemption or accommodation were not successful through multiple direct athletic department requests over a period of two school years.

School Board Member Assistance and Internal ACPS Review

In February of 2011, a request was submitted to a member of the Albemarle County School Board to obtain information on policies and procedures in regards to the required gear and athletic fees.  This  School Board member was unaware that these athletic agreements existed and agreed to look into the matter.  The School Board member was extremely responsive at the time of the initial request, and in all subsequent dialogue has been timely and open.

The following information was requested:

·         To make available for public viewing, the exclusivity agreements signed by the High School Athletic Directors.

·         To make available for public viewing, a complete and thorough account of the benefits received from these agreements and exact detail of how the benefits have been applied, to ensure that benefits derived from the purchase of gear by athletes in Sport A were not used to benefit athletes in Sport B.

·         To provide students and parents a written procedure to seek exemption or accommodation if the expense for items required by the exclusivity agreements and/or the athletic fee, that had not been provided when previously requested.

The School Board member later confirmed that no one on the School Board was aware these agreements were in place and no one in a position of proper authority had reviewed or authorized the exclusivity agreements.  Later, the member provided a more detailed update explaining that during March 2011 it was determined through an internal investigation by ACPS staff:

·         That the Athletic Directors of three ACPS High School had, in fact, signed exclusivity agreements with vendors without authorization to do so and that the School Board was unaware of the existence of these agreements prior to ATTA’s contact in February, 2011.

·          That the Athletic Directors of three ACPS High Schools had, in fact, signed exclusivity agreements with vendors without any review by ACPS Central Administration.

·         That the Athletic Directors of three ACPS High Schools had, in fact, signed agreements with vendors without any review for possible legal exposure, Title IX violations or discrimination issues by the ACPS or Albemarle County Legal Departments.

·         In and of themselves, the current agreements appear not to pose any legal issues, in the opinion of those involved in the internal ACPS review.

·          Although not in writing, and not properly documented or disseminated, the review indicated the ACPS High School Athletic Directors had stated during the investigation that procedures were in place to assist athletes requiring exemptions or accommodation for required gear or fees.

During the initial internal review, the statement from the athletics departments was, “In all situations, either the booster club would contribute toward the footwear or the student would be allowed to purchase less expensive footwear.”.  (NOTE: The exclusivity agreements are not limited to only “footwear.”)

In the case of Monticello High School, the statement given during the internal review is not supported by any available information.  At Monticello High School no procedure to request Booster Club Assistance or permission to purchase alternative footwear was distributed or was made available when requested.

The internal review information made available did not include any accounting of the benefits received or accounting of the distribution of those benefits.  Most importantly, no statement was made indicating that the benefits received by each of the athletic programs were distributed fairly and in accordance with Title IX requirements.

Conclusion

All three ACPS High School Athletic Departments have signed different exclusivity agreements with different athletic apparel and equipment vendors.  In the absence of any governing policy, each of the three ACPS High School Athletic Departments has handled individually and differently their exclusivity agreements and the exemption or accommodation in regards to these agreements and fees.  At all three high schools, exclusivity agreements were entered into by unauthorized personnel. However, it is possible that at least one the schools (not Monticello High School) has a process in place that can be used as model for all schools.

Without being granted access to the full text of each of the exclusivity agreements and a complete accounting of what has occurred under these agreements the ACPS School Board and the public cannot  determine the full extent of the situation in the High School Athletic Programs, despite the internal investigation.  Athletes and their parents deserve resolution of policy and procedure issues for the future, and full accountability for what has occurred in the past, immediately.

The taxpayers of Albemarle County could have been financially responsible for a virtually unlimited amount of liability if these agreements, or the disposition of their associated benefits, were deemed to be discriminatory or in violation of Title IX.  The public deserves a full accounting of what has happened, and clear insight into the policies and procedures being implemented to prevent reoccurrence.  The public also must be informed of any remedies needed to bring the distribution of past benefits into legal compliance immediately.

In the early stages of this inquiry, and immediately after issues were identified, the School Board member contacted stated that procedures would be put in place immediately to prevent unauthorized personnel from entering into agreements on behalf of ACPS and that a procedure would be documented for student athletes to follow in case of need.

The openness and quick reaction by the ACPS School Board to the issues brought to their attention has been the positive side of the issue.  Additionally, the School Board has indicated it will discuss this matter during the meeting scheduled Thursday, April 14, 2011, under “Other Business” since it was too late to be added to the regular agenda.

Immediate Expectations

ATTA expects that the following issues will be resolved or a plan put in motion to achieve resolution:

  • Existing, prior, and future agreements must be made public and released in their entirety.
  • The breakdown that allowed agreements to be signed by unauthorized staff, potentially expose the taxpayers of Albemarle County to legal expenses and fines, and potentially adversely affecting the health and well-being of ACPS students must be identified.  Subsequently, a procedure to prevent unauthorized personnel from entering into agreements must be put in place immediately.
  • A process must be put in place so that all future agreements are negotiated under the direction of a single party that can ensure the best possible benefits are being achieved for all athletes.
  • Policy must detail the distribution of future benefits to athletes in accordance with Title IX and in accordance with fairness to those affected by the requirements.
  • A common process must be created and disseminated to all athletes seeking exemption or accommodation.
  • A central repository for all agreements and contracts to be available on demand by School Board Members and a process in place for public access.  (Despite copies of agreements being in the possession of Central Administration personnel for several weeks, direct conversation with two School Board Members indicates that as of the first week in April, even they have been unable to view these agreements.)
  • Through an audit, the benefits received from prior and current agreements need to be documented, those benefits need to be verified with the vendors and the results of the audit made public.
  • Through an audit, documentation should be produced, verified and made public, which proves all athletes required to purchase exclusive gear have received a proper share of the benefits, no Title IX violations have occurred and if necessary correct any improper distributions.
  • A comprehensive policy on all future agreements made with outside parties that affect ACPS students should be composed and made public.  This policy must include on mandatory minimum required communication by athletic departments in regards to exclusivity agreements and the availability and dissemination of the process for athletes to seek exemption or accommodation in regards to the exclusivity agreements and athletic fees.
  • Simultaneous to the ACPS School Board publishing the policies and procedures to be implemented, all documentation regarding the internal attorney review conducted should be released to the public, assuring that the changes will protect the taxpayers of Albemarle County from being placed in a position of fiscal liability in the future by unauthorized personnel entering into contracts.  Then the Albemarle County Board of Supervisors should review all relevant information and state to the public they approve of what has been implemented.
  • If any ACPS High School Athletic Director signed an exclusivity agreement in the past or one that is currently in place, which does not allow for exemption and/or accommodation for athletes, or that creates financial liability for Albemarle County taxpayers, the School Board should declare that it will dismiss that Athletic Director.
  • If any ACPS High School Athletic Director signed an exclusivity agreement in the past or one that is currently in place that does allow for exemption and/or accommodation, but did not provide written documentation to athletes and parents thoroughly explaining the requirements, benefits and exceptions of the agreement prior to, or simultaneous with, the very first day of the agreement going into effect, the School Board should declare that it will dismiss that Athletic Director.

 

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Albemarle residents show support for line-holding budget plan

From The Daily Progress

…and the dominant message was support for supervisors resisting a tax rate increase, coupled with pleas for continued efficiencies and spending cuts…

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Albemarle County approves budget; holds tax line

From The Daily Progress:

The Albemarle County Board of Supervisors has approved a $304.4 million budget for next fiscal year that holds the county’s existing real-estate tax rate stable….

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