HomeMy WebLinkAboutRes 08-09 WA Execute Contract with Walt Roberts WESTLAKE ACADEMY
RESOLUTION NO. 08-09
AUTHORIZING THE PRESIDENT OF THE BOARD OF TRUSTEES TO
EXECUTE A CONTRACT ON BEHALF OF THE WESTLAKE ACADEMY
WITH AN EDUCATIONAL CONSULTANT TO HELP RESOLVE AN ISSUE
WITH THE TEXAS EDUCATION AGENCY (TEA).
WHEREAS, the Head of School and the President of the Board of Trustees,
acting on advice from the Board's Education Lawyer, have interviewed Mr. Walt Roberts
(Education Consultant) in Austin, Texas; and
WHEREAS, the Education Consultant proposes to provide advice to the Board
and to work on behalf of the Academy to reach a resolution satisfactory to the Board with
the Texas Education Agency concerning the charge levied by the TEA in connection with
the Academy having educated certain children who resided outside of the approved
transfer boundary; and
WHEREAS, the Head of School and the President of the Board believe that the
Education Consultant working with the Board's Education Lawyer, present the best
opportunity to finalize the case in the Academy's favor;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF
THE WESTLAKE ACADEMY:
SECTION 1: That employment of Walt Roberts as Education Consultant to the
Academy is in the best interest of the school.
SECTION 2: That the proposed contract presented to the Board is hereby
approved, and the President of the Board is hereby authorized to execute the contract on
behalf of the Academy.
PASSED AND APPROVED ON THIS 14TH DAY OF APRIL 2008.
Lem
colt Aradley, Presi nt
ATT S
r
K' Sutter, Board Secretary Barbara Briz ela, Head of School
APPROVED AS TO RM:
tanton y, and Attorney
Walt Roberts
Government Consultant
7102 South Brook Drive
Austin,TX 78736
512-751-23 84
The Honorable Scott Bradley
Chairman,Westlake Academy
2600 Ottinger Road
Westlake,TX 76262
RE: Consulting Proposal in behalf of Westlake Academy.
The purpose of this proposal is to specifically address pending problems facing Westlake
Academy,with the ultimate goal to resolve these issues that are currently pending before
the Texas Education Agency,and acquire resolve and relief for West-Lake Academy its
administration,staff and students.
I propose to work through the, Texas political process to solve the, West-Lake Academy
issues,by working closely with both TEA Administration and Staff,as well as State
Elected School Board members,and legislators if deemed necessary.
My associates and I will provide,political assessment,analysis,contact,and access in an
effort to reach a speedy,suitable and reasonable resolution in regard to,the,issues that
are facing Westlake Academy.
My associates and I will work closely with Westlake School Officials as well as other
consultants,attorneys or others that may deem necessary throughout the contracted time
period. We will be diligent in keeping the Westlake Academy staff and leadership,
apprised,updated,and informed of all developments in regard to Gur goals and objectives
going forward to reach a positive resolution.
SUMMARY
I will do my nest to,give Westlake School Officials a realistic and factual assessment of
the current political climate and landscape in regard to their specific charter school issues.
I will provide important direction and counsel in moving forward with this effort.
I will work with the necessary people to,create,a strategy and overall plan to
successfully resolve the Westlake Academy issues with TEA
I will keep a very open and active dialog with Westlake School Officials and policy
makers throughout the process
As a former state legislator I believe the insight and direction I will provide Westlake
Academy on this project will prove invaluable and cost effective as well as successful
TERMS
The terms of this agreement shall be for two months starting May lst,2088,and ending
June 30th,2008 for a monthly professional fee of 5000.00 per month(due on or before
the Sth of each month)plus out-of-pocket expenses which shall be approved beforehand
by Westlake School Management. In addition, if the decision of TEA is reversed or
terminated so that Westlake Academy is not required to return the ADA funds in question
to TEA, Westlake Academy shall immediately remit a success fee to Mr Walt Roberts in
the single pay amount of Twenty Five Thousand Dollars ($25000.00)Should Westlake
Academy's issue be resolved prior to the end of the initial two month consulting
agreement, that agreement will still he binding upon Westlake Academy till which time it
expires.
r'
alt R Cott Bradley
Consultant Chairman
Westlake Academy
��//--)o OR/ Awn. 2-9, 2 OV8
Date Date
Walt Roberts
Government Consultant
7102 Song Brwk Dive
Aus".TX 78736
512-751-2384
The Honorable Scott Bradley
Claainn ,Westlake Academy
26M Otangea Road
Wesdake>TX 76262
RE:Consnfflng Proposal in beWt of Weser Acadmy.
The pntpose of this proposal is to specifically address pending problems facing Wesrkake
Academy,with the ultimate goal to resolve these issues that are caTentiy pending before
the Texas Edducauen Agency,and acquire resolve and relief for West-Lake Acadei v its
administration,staff and students.
I prose to work through the,Texas political process to solve the,West-Lake Academy
issues,by working closely with both TEA Administration and Staff,as well as State
Mected School Board members,and legislators if deemed necessary.
My associates and I will provide palitical sssessmmt,am&ysis,contad,and aicccss to an
effort W reach a speedy,suitable and reasonaMe resolution in regard W0.the,issues that
are facing Westlake Academy.
my associates and I will work closely with wash ke School Officials as well as other
co SUItants.attorneys Of aurae,that may deem necessary dMOU&OUt the aonb=W time
period.We will be diligent in keeping the Westlake Academy staff and leadership,
apprised,updated,and informed of all developments in regard to our gaols aad objectives
going forward to reach a positive resolution.
SUMM"Y
I will do my best to,give Westlake Sch001 Officials a rustic and facmal assessment of
the current political climate and landscape in regard to their specific charter school issues.
I will provide important direction and counsel in moving forward with this effort.
I will wont with the uwasary people to,create,a strategy and overall plan to
successfully resolve the Westlake Academy issues with TEAS
I will keep a very open and eve dialog with Westlake School OhMals and policy
makers throughout the process
As a former state legislator I believe the insight aad direction I will provide Westlake
Academy on this project will prove invaluable sad cost effective as well as ssful
TERMS
The twins of this agmement shall be for two months starting May is4?"S,and ending
June 30th,2408 for a monthly prnfessiot+al fee of 5000.00 Per mouth(dw on or before
the 5th of eat month)plus out-of-pocket expenses which sWI be approved beforehand
by Westlake School Aknagement.fn addition,if the decision of TEA is reversed or
terminated so that Westlake Academy is not required to return the ADAfrards in question
to TErl, Westlake AcadmV shall immediwtdy remit a success fee to Mr Walt Roberts in
the single pay amount of qty Fry e T hor=rrd Dollars($25000.00)Should Weartlalte
Academy's issue be resotved prior to Abe end of the initial twv m anth conssdfing
agreement,that agreema t will still be binding upon Westlake Academy till which time it
expires.
alt $fey
Cousultaot Chairman
Westlake Academy
I,,eoO at aead
Date Dale
r
Dear Tom: x� �f
I wanted to write you per our conference call last week in regard to the issue facing
Westlake Academy via TEA and my and Jim Cardle's efforts to seek relief for Westlake
Academy.
When Jim and I were first approached by Barbara Brizella and Mayor Bradley about
working on this issue for Westlake,we had lengthy conversations about the prospects of
resolving the issue,whether it was doable for number one,and if so, how quickly could
we accomplish the goal. We felt then and still are very confident that we can in fact
resolve this issue. Although as you well know the political dynamics have changed and
there is now need for more involved and careful strategy.
During our initial meeting with Mayor Bradley and Barbara Brizella Jim and I expressed
the urgency of taking immediate action and getting started on achieving the goal,
Especially since it was virtually unknown where the issue lay within TEA.
It was almost two months after that meeting before we were ever notified that Westlake
intended to retain us.
Our initial proposal to Westlake was drafted in terms of what we felt professionally was a
necessary and reasonable timeline considering the work that was to be done. That
proposal called for a retainer for a period of five months. (You have a copy of the original
proposal as well as the amended version there in Westlake) I was then asked by Mayor
Bradley to change the proposal to a two-month agreement due to the suggestions of one
of Westlake's alderman. Jim and I thought given the complexity of the issue this was
very optimistic, rushed, and may be difficult to achieve in such a short time period and
we relayed our concern to the Mayor.
So I sent two proposals to Westlake one with our original terms, and one with the
Mayor's suggested amendments,which he signed both. Of course they chose the shorter
timed agreement. Regardless Jim and I immediately began working on the issue.
We have from the beginning been more interested in resolving this problem for Westlake
Academy and the children you serve than we ever have been in contracts and
compensation.
We truly feel this is a matter of fairness and equal treatment.
During the early days of our work I made a call to Barbara Brizella and asked if she had
had any contact from TEA in regard to the withholding of Westlake's TEA funding at
which time she had not. As Jim and I explained to Bradley and Brizella at our first
meeting this was a very important factor due to the complications that any beaucratic
action taken by the agency on the Westlake issue would cause the Commissioner and
potentially compromise his ability to grant a Commissioner's Waiver to resolve the issue
in full.
As we continued our work and made daily inquires at TEA,and interfaced with the
Commissioners office we also discovered that TEA was under a much different
impression of the Westlake issue due to past discussions and meetings with TEA and
Westlake officials. Supposedly was suggested that(It's Really not the Money. We've got
the Money.)
This of course affected our strategy since we now had an image issue to deal with before
we could make the ASK of the Commissioner.
Then at last then we heard from TEA that they intended to start taking money away from
Westlake Academy June of 2008. Which solidified our initial concerns.
We now have a totally different political landscape to consider which commands a
different direction and requires that we go outside of TEA to access political support. and
creates the need for a more involved approach to the Commissioner.
The good news is that this is far from over.
We have gotten the reprieve we needed until September of 2008,which gives us time to
work to impress upon the Commissioner the importance of re-thinking Westlake's
situation and admonish him to analyze the issues surrounding Westlake Academy.
Ultimately securing a retroactive Waiver from the Commissioner resolving the matter
entirely.
Jim Cardle and I believe we still have an excellent opportunity to resolve this issue for
Westlake Academy.
It is now as Jim and I assessed in the beginning going to take more time,more strategic
work on the part of all of us;but with the help and assistance of yourself Tom and other
Westlake officials We believe with all honesty we can resolve this with a satisfactory
result.
I am as we speak working to get face-to-face meetings with State Senators Nelson, and
Shapiro. Jim spoke with both Senator Shapiro and Senator Nelson last weekend at the
Republican Convention in Houston they are fully aware of the circumstances and there is
a good chance of having them both personally involved in this issue over the next few
days.
Please keep in mind Jim and I are only retained through the end of this month(June)
under the present(amended)agreement. There will be a need for a new agreement for our
services should Westlake want to continue a professional relationship with Jim Cardle
and I.
Again we feel strongly that we can be a positive force in the effort of resolving this
problem for Westlake. Please let us know what your thoughts are. I will notify you Tom
the minute I have a meeting set with either Senators Nelson and or Shapiro. F will also be
talking with Rep. Truitt this next week.
Both Jim and I will keep you fully apprised of any and all efforts that we are involved in
as things progress in Westlake's behalf.
Respectfully
Walt Roberts and Jim Cardle
Tom Brymer
From: walt roberts[wl_roberts@yahoo.com]
Sent: Friday, June 20, 2008 2:03 PM
To: Tom Brymer
Subject: Hello Tom!
Attachments: Dear Tomwestlakeacademy.doc
--- On Wed, 6118108, Tom Brymer <tbrymer@westlake-tx.org> wrote:
> From: Tom Brymer <tbrymer@westlake-tx.org>
> Subject: RE: Westlake Academy Letter by Rep. Vicki Truitt
> To: "Robert Schulman" <RSchulman@-Feldmanrogers.com>, "Jim Cardle"
> <Jim@texasinsider.org>, "bbrizuela@westlakeacademy.org"
> <bbrizuela@westlakeacademy.org>, "Mark Rosevear"
> <mrosevear@westlakeacademy.org>, "Walter Roberts"
> <walt.roberts @lsss.org>
> Cc: "wl_roberts@yahoo.com" <wl_roberts@yahoo.com>
> Date: Wednesday, June 18, 2008, 4:41 PM All,
> In addition, today I talked with Barbara, and our
> in-coming HOS Mark Rosevear, about taking an annualized amount of the
> prospective TEA reduction ($255,000 divided by
> 24 X 12 = $133,000) and put that into terms regarding definitive
> impact on our Westlake Academy students as to what that means in the
> way of direct educational impact on them. We will get that to you
> soon as soon as Barbara, Mark, and I finalize it.
>
> Tom Brymer
> Town Manager
> From: Robert Schulman [mailto:RSchulman @ feldmanrogers.com]
> Sent: Wednesday, June 18, 2008 4:26 PM
> To: Jim Cardle; Tom Brymer; bbrizuela@westlakeacademy.org
> Cc: wl_roberts @yahoo.com
> Subject: RE: Westlake Academy Letter by Rep. Vicki Truitt
>
> Jim,
> Thanks for keeping me in the loop.
> Tom,
>
> Hopefully, you were able to explain the reasons for our reference to
> "suit" in the letter we discussed last week. Let me know if I can
> provide you with further clarifications.
> All,
>
> We have not yet presented our waiver request and I'm inclined to make
> some subtle changes in our waiver request letter to the Commissioner
> in the wake of these earlier letters and contacts. Let's wait to see
> how many more letter and contacts we will generate.
i
i Bob
>
>
>
> ROBERT A. SCHULMAN
> ATTORNEY AT LAW
> FELDMAN, ROGERS, MORRIS & GROVER, L.L.P.
> 517 SOLEDAD STREET
> SAN ANTONIO, TEXAS 78205-1508
> MAIN: 210-406-4100
> DIRECT: 210-406-4101
> FACSIMILE: 210-406-4114
> WEBSITE:
> www.feldmanrogers.com<http://www.feldmanrogers.com/>
>
> The information contained in this transmission and any attachments
> hereto is privileged and/or confidential information intended solely
> for the use of the
> individual(s) named above. If the reader of this message is not an
> intended recipient, the reader is hereby notified that any
> dissemination, distribution or copying of this communication is
> strictly prohibited.
> From: Jim Cardle [mailto:Jim@texasinsider.org]
> Sent: Wednesday, June 18, 2008 4:21 PM
> To: tbrymer@westlake-tx.org; bbrizuela@westlakeacademy.org
> Cc: wl_roberts@yahoo.com; Robert Schulman
> Subject: FW: Westlake Academy Letter by Rep. Vicki Truitt
>
> Tom & Barbara -
>
> Just to keep you advised of steps we're taking to following-up on my
> visit w/Sen. Jane Nelson at the Republican State Convention in Houston
> this weekend, please keep the email & comments below internal &
> confidential.
> We'll talk in next day or so to so about hooking up Friday - thanks!
> Jim Cardle
> Texas Insider --
> www.TexasInsider.org<http://www.texasinsider.org/>
> Texas CharterC.H.O.I.C.E. --
> www.CharterCHOICE.org<http://www.charterchoice.org/>
> 1000 Brazos, Suite 100
> Austin, TX. 78701
> 512-225-5885 Office
>
> From: Jim Cardle
> Sent: Wednesday, June 18, 2008 3:30 PM
> To: 'dave.nelson @senate.state.tx'
> Cc: 'joe.dyer @senate.state.tx'
> Subject: Westlake Academy Letter by Rep. Vicki Truitt
> Dave -
2
• > Attached is the letter sent to TEA Commissioner Robert Scott, who
> really is a pretty good egg when it comes to Charter Schools, and who
> wants to help on this situation - but just needs some support to figh_`
> the bureaucracy there if possible.
> Rep. Truitt's letter really explains the situation perfectly, so I
> won't repeat it. Should add though that as requested at the end of
> her letter, Comm. Scott has granted an extension until September
> before the fine begins being collected (in the form of smaller monthly
> distributions from the state) . . . That being said, he needs to hear
> that his agency's arbitrary application is not only concerning, but
> also a potential concern for the agency charged w/applying the law
> equally to all under its review. Arbitrary is a key & legally
> definable term, as I am told, that he needs to hear.
>
> Something similar from you all'd certainly be helpful, and then I'm
> following up here in the next 10 days or so to go visit Whim - call
> if you have any questions (office & cell #'s are below).
> We should get the Senator over to meet w/the new school "Head of
> School" who's replacing Barbara Brizuela as she's moving out of the
> country into retirement, as well as new Westlake Mayor & Town Manager
> if she's not already done that - as you probably know, the City
> Manager's really the school superintendent too.
> Thanks Dave - sorry we missed each other at the RPT Convention!
> Jim Cardle
> Texas Insider --
> www.TexasInsider.org<http://www.texasinsider.org/>
> Texas CharterC.H.O.I.C.E. --
> www.CharterCHOICE.org<http://www.charterchoice.org/>
> 1000 Brazos, Suite 100
> Austin, TX. 78701
> 512-225-5885 Office
> 512-659-8878 cell
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