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Mitt Saved the Olympics? And Hannity is a God...

I am really disappointed to see the Olympics interspersed with athletes touting Mitt Romney for President.  Kind of Classless, if you ask me. 


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FOIA Update and Pencader Hires New Counsel

Ms. Beukema-Scheinberg:
We sent your complaint to the Pencater directors and their then-legal counsel and received no response. As you probably know, that counsel has withdrawn his representation and Pencater just yesterday retained new counsel. We are forwarding your complaint to her for Pencater’s response and are asking for the response in ten business days.
Best regards,
Kent Walker
Deputy Attorney General
Delaware Department of Justice
820 French Street, 6th floor
Wilmington, Delaware 19801
Ph. 302-577-8306
Fax 302-577-6630
kent.walker@state.de.us

Confidentiality Notice: This electronic message and any attachment(s) are confidential and may be subject to the attorney/client privilege or work product immunity, or both. This e-mail is only for the use of the intended recipient(s). If you have received this e-mail in error, please notify the sender immediately by replying to this e-mail, then delete this message and any attachment(s) from your system. Any unintended transmission expressly shall not waive the attorney/client privilege or any other privilege.

It has been reported to me that Pencader's new counsel is Adria Martinelli of Young, Stargatt, Conaway, and Taylor.

From http://www.youngconaway.com/adria-b-martinelli/
Adria counsels and represents employers and management on a wide range of labor and employment matters. She specializes in the defense of employment discrimination lawsuits, including Title VII, ADEA, ADA, FMLA, and retaliation. Her litigation experience includes state and federal lawsuits, labor arbitrations, and administrative proceedings involving discrimination and harassment, retaliation, and common law claims. She served as first chair in a federal bench trial including discrimination and retaliation claims, in which all claims were dismissed against her client.

In addition, Adria counsel employers on a broad spectrum of employment-related topics such as employee discipline and termination; internal complaints and investigations; employee leaves of absence and absenteeism; and employment policies and handbooks.

Adria is a regular speaker on employment-related topics. She has presented to national audiences on Family/Caregiver Discrimination and Pregnancy Discrimination, and the Genetic Information Nondiscrimination Act (GINA). She also trains individual employers in various areas of employment law, including sexual harassment, performance evaluations and documentation, and exceptions to at-will employment.
In addition to employment law topics, Adria has litigated and counseled on Delaware’s procurement laws and Freedom of Information Act.
She serves as an editor of the Delaware Employment Law Letter, the only monthly newsletter in Delaware written exclusively for Delaware employers. She is also a regular contributor to the Delaware Employment Law Blog and a guest blogger on the Sloan Work and Family Research Network Blog.

Memberships and Affiliations

  • Who's Who in Work and Family, Sloan Work and Family Research Network (Boston College)
  • Delaware State Bar Association, Labor and Employment Section, Member
  • American Bar Association, Labor and Employment Section, Member
  • Delaware Office of the Child Advocate, Guardian ad litem (2003-2004)
  • Family & Workplace Connection, Board of Directors, Member (2006-2009)

 
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Contact Info for the Pencader Board of Directors

But, don't worry, we've mananged to put most of it together...

Pencader Board of Directors
Abraham Jones  abraham.jones@comcast.net;
Daphane Davis  learninglinkage@gmail.com;
Jemuel Anderson jay.anderson@pcs.k12.de.us;
Judi Kennedy judi.kennedy@pcs.k12.de.us;
Kim Clemmons kim.clemmons@va.gov;
Steven Quimby steve.quimby@pcs.k12.de.us;
Vincent DiMauro, President of the Pencader Board vdimauro@integrateglobally.com
Charles Evans - Unable to Find an Email for Mr. Evans.  If you know it, please drop it in the comments below...

I believe we may be missing one board member - please let us know who we may have left off the list...

And Board, please direct Adam Lewis to update your website! 





241 - The Business Definition of Profiteering and a Class A Misdemeanor

Definition

Disproportionately large or grossly unfair profit, generated often through manipulation of prices, abuse of dominant position, or by exploiting a bad or unusual situation such as temporary scarcity. There is usually no governmentalcontrol over profiteering unless it involves illegal means.


Read more: http://www.businessdictionary.com/definition/profiteering.html#ixzz22A9kjSWU

A public servant is guilty of profiteering when, in contemplation of official action by the public servant or by a governmental entity with which the public servant is associated, or in reliance on information to which the public servant has access in an official capacity and which has not been made public:
(1) The public servant acquires a pecuniary interest in any property, transaction or enterprise which may be affected by the official action or information; or
(2) The public servant speculates or wagers on the basis of the official action or information; or
(3) The public servant aids another person to do any of the foregoing acts, intending to gain thereby a personal benefit.
Profiteering is a class A misdemeanor.
11 Del. C. 1953, § 1212; 58 Del. Laws, c. 497, § 1; 67 Del. Laws, c. 130, § 8; 70 Del. Laws, c. 186, § 1.;

UPDATE - Thanks for the tip TC on the sentence for misdemeanors!

§ 4206. Sentence for misdemeanors.

(a) The sentence for a class A misdemeanor may include up to 1 year incarceration at Level V and such fine up to $2,300, restitution or other conditions as the court deems appropriate.
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Pencader's tax exempt status revoked, what's the impact?

Disclaimer - I am not an attorney or tax expert and this is not legal or tax advice. It's just informational for interested parties.  All information below is public information and can be found through either a thorough search of the internet or following the links provided.

As last Thursday's Public Board Meeting, the Pencader School Leader mentioned to the board of directors that the school's tax exempt status had been revoked because the school had not filed its 990 since 2007.  What wasn't mentioned was the impact of such a designation for donors to the school. Actually, it was made to sound as if this were a pretty minor matter.  Only - it's been an ongoing matter for a year, at least - the revocation occurred May 15, 2011.

Time to Check Guidestart.org - "GuideStar was founded to promote nonprofit transparency and to provide a central repository of nonprofit information that donors could use to guide their giving decisions. Although both our audience and the ways in which we deliver nonprofit information have expanded over the years, our belief in the importance of transparency has never wavered."

A Guidestar.org search for Pencader states:

This organization's exempt status was automatically revoked by the IRS for failure to file a Form 990, 990-EZ, 990-N, or 990-PF for 3 consecutive years. Further investigation and due diligence is warranted.
Learn more
A more detailed report is available from Guidestar at http://www.guidestar.org/organizations/20-0388633/pencader-education-association.aspx. Be sure to note that the EIN Number on this report matches the EIN Number on the Pencader Annual Giving Media on the schools website, http://pencadercharter.net/busfin/sites/default/files/page/ajax/documents/Annual%20Fund%20at%20Pencader%20with%20Border%20%282%29.jpg

The February 2012 Board of Directors' Public Meeting Minutes address this discovery:













I do not believe that this was the first the school had learned of the failure to file taxes.  During a meeting I attended as a volunteer (the unpaid kind) back in August/September 2011, it was shared then that the taxes had not been filed - a revelation of the finance audit completed during the Spring/Summer of 2011- yet the Annual Fund Campaign was given the go ahead as the matter was soon to be resolved.

Pencader officially kicked off its Annual Campaign at the Titan Award Ceremony in September 2011.  The school accepted donations and sent thank you notes to the donors.  The media created for the campaign states that "Pencader is a 501c3 and donations are tax-deductible."  The School's EIN number is printed on "The Description of the Annual Fund" document located beneath the school's Giving tab on the website. 

In the very least, the campaign should have been suspended as soon as it was learned that school had lost its tax exempt designation and the campaign materials should have been edited accordingly or simply removed from the website.  Yet, today, July 30, 2012, the campaign materials advertising donations as tax-deductible persist on the school's website.  These documents have been archived by a third party and screen shots have been saved.

There was in February and there is still an obligation that Pencader has yet to fulfill - notification of the revocation status to donors. Guidestar states:

Donor FAQ

Do I need to be aware of the revocations?
You do if you take the charitable gift deduction on your income taxes. Before making a contribution, you will need to confirm that the nonprofit receiving it is still tax exempt. Otherwise, the IRS may disallow the deduction, and you may be required to pay a penalty. You should check on GuideStar or the
Automatic Revocation of Exemption List on the IRS site to confirm the nonprofit's status.
Visit the Automatic Revocation of Exemption List - http://apps.irs.gov/app/eos/pub78Search.do?searchChoice=revoked&dispatchMethod=selectSearch
Type 20-0388633 in the EIN Field, Hit Search. It will take you here:
http://apps.irs.gov/app/eos/revokeSearch.do?ein1=20-0388633&names=&city=&state=All...&zipCode=&country=US&exemptTypeCode=al&postDateFrom=&postDateTo=&dispatchMethod=searchRevocation&submitName=Search
Click on Pencader Education Association to see the Revocation Date - May 15, 2011, Posting Date - February 22, 2012

If you made a donation to Pencader after May 15, 2011 - you will need to call IRS Customer Account Services at (877) 829-5500 (toll-free number), have the date of your donation and the EIN ready.  Customer Account Services will help you determine whether or not your donation was deductible.  Chances are, especially if you donated after February 22, 2012 that your donation was not deductible.  The IRS will advise you on how to proceed.  (I know b/c I called and spoke with Ms. Duttley, ID# 1000739047)

The following donors are listed on the schools website - http://pencadercharter.net/busfin/node/98

Foreaker Construction, owned by Josh Foreaker, built the PCHS Guidance Center. Please visit his company’s website. Thank you Josh!

Silver Circle -Donors of $1,000 or more
Robert and Ann Lewis
Robert and Harrie Ellen Minnehan
Rodolfo and Alma Tanjuakio


Friends of Pencader Donors
Ray Arzinger
Jenny Aunet
John and Laura Baker
Karen and Alan Beatty
Jenna Beatty
Terry Blanch
Alicia Blevin
Emily Burnham
Ronald and Mary Carbine
John and Donna Chandler
Tom Colpo
Karen Dickens
Amanda Fraser
Dr. Daniel Freeman
Kate Frysinger
Good Deals, Inc.
The Gregor Family
Keith Harris
Beth Heck
Alan and Leslie Hodesblatt

Larry Isakoff
Dr. Abraham Jones
Shawn Klapinsky
Jeanette and Theodore Lawson
Rita Malhotra
Roy and Nancy Muller
James and Elizabeth Nolan
Kelly Quinn
Scott Rafetto
Catherine Scott Riggs
John and Debbie Reed
Robert Schumacher
Anika Smith
John and Diane Stott
Ken and Tammie Sylvia
Mary Szczuka
Ann Terranova
Brett Townsend
Elizabeth and George Walker
Victor Yu



 So, I am left with just one question - Where are the donated funds and how was the money tracked and accounted for?

Pencader's Annual Fund Media

3 Pencader Giving Pics
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Sept 2011 Pencader Pitch

FINAL Pitch Letter
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Council of Nonprofits weighs in on Tax Exempt Status Revocation

http://www.councilofnonprofits.org/revocation

Automatic Revocation of IRS Tax-Exempt Status for Nonprofits

On June 8, 2011, the Internal Revenue Service (IRS) released a list of more than 275,000 nonprofits that had their tax-exempt status automatically revoked due to failure to file annual returns. Read an overview by type and location of the organizations that lost their tax exempt status in June 2011. ...

What does it mean to have your tax exempt status revoked?
  • It means that your nonprofit is no longer exempt from federal income tax and will have to pay corporate income tax on annual revenue.
  • The organization may also be subject to back taxes and penalties for failure to pay corporate income taxes as of the effective date of revocation.
  • It may also mean that any state tax exemptions that your nonprofit received – such as exemptions for income tax, property tax, and sales/use tax -- that are dependent on federal tax-exempt status, may also be revoked now.
  • And it means that your organization will not be listed in IRS Publication 78, Cumulative List of Organizations described in Section 170(c) of the Internal Revenue Code of 1986, which is the official list of organizations eligible to receive tax-deductible charitable contributions.
  • Additionally, this means that donors will not be able to receive a tax deduction for their gifts to the organization after the revocation date.
  • Finally, most private foundations are unlikely to give a grant directly to nonprofits that are not tax-exempt because their guidelines normally require grantees to be recognized as tax-exempt public charities, since federal tax law imposes an excise tax on the foundation for grants made to organizations that are not tax-exempt.
  • What Should you do now?
  • Governance: Convene the board of directors to determine what the organization will do.
  • Staff: Make sure that all staff (and volunteers, as applicable) understand what has happened and the significance of the revocation of tax-exempt status.
  • Messaging: Make sure that the nonprofit’s website, and all other communications, are transparent about the fact that the organization is not tax-exempt. For example, remove any messages that state that donations to the organization are tax-deductible to the donor, or that describe the organization as tax-exempt.
  • Donor relations: Be proactive about communicating with your donors and transparent in explaining that while donations given before the effective date of revocation are still deductible, future gifts are not, until such time as the nonprofit receives recognition from the IRS that is it once again tax-exempt. If your donors need more information on the deductibility of their gifts, refer them to IRS Publication 557. Donors to section 501(c)(3) organizations may rely on the organization’s determination letter or listing in Publication 78 to deduct contributions until the IRS publishes a notice on IRS.gov that the organization’s 501(c)(3) exempt status has been revoked.
  • Recordkeeping and tax compliance: Make sure records are kept on revenue sources so that the nonprofit will be well positioned to file the appropriate tax return and pay the income taxes for the period of time that the nonprofit is not tax-exempt.
  • Research the options, which may include:
    • Re-applying for tax-exemption (if regaining tax-exempt status is important.)
      • Note that this will require a lot of time (the IRS estimates that it takes well over 100 hours to fill out the Form 1023 (or 1024), Application for Tax-Exemption), and
      • Money for filing fees: While filing fees are generally $400 or $850, the IRS is offering special relief to eligible organizations (those with generally less than $50,000 in annual gross receipts) of $100, as long as the application is postmarked 12/31/2012. Other groups will have to pay an application fee of either $850 or $400 depending on their annual gross receipts during the preceding four years. Read about exempt organization user fees.
      • Fees paid to a lawyer or accountant to help you file the forms.
      • Patience and time: The review process at the IRS takes between 6-9 months on average. Nonprofits applying for reinstatement should write either "Automatically Revoked" or "Notice 2011-43" on the envelope with their forms to ensure that the application is routed to a specialist who can assist.
    • Know the impact on state tax exemption: Your organization’s tax-exempt status at the state level is most likely dependent upon the IRS determination of tax-exemption. Consequently, once you learn that the organization is no longer recognized as tax-exempt by the IRS you should contact the state agency responsible for issuing determinations of tax-exemption for state taxes, such as sales/use tax and property tax (as applicable to your organization) and be transparent about the IRS revocation with that agency.
    • Nonprofits that re-apply may request in a letter to the IRS that the reinstatement of their tax-exempt status be retroactive to the date of their original tax-exempt recognition, but the IRS will grant that request only if it determines that there was “reasonable cause” for the nonprofit to have missed the filing deadlines. Make sure to carefully follow the instructions on the IRS website for requesting “retroactive reinstatement” of your organization’s tax-exempt status.
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    Could your nonprofit lose its tax-exempt status by Nolo, Law for All

    Could Your Nonprofit Lose Its Tax-Exempt Status?

    Termination of your nonprofit's tax exemption is unlikely, but it's not impossible.

    If you're like most people affiliated with a 501(c)3 nonprofit organization, you'd rather be serving your community or championing your cause than worrying about the latest IRS requirements. But virtually all IRS publications dealing with nonprofit matters make sure to remind you that noncompliance with tax laws and IRS Regulations can result in termination of your nonprofit's tax exemption. Is this just a scare tactic, or is the threat real? (Note: For information on a new IRS filing requirement that could impact your nonprofit and its ability to maintain tax-exempt status, see Nolo's article Many Nonprofits Must File IRS Form 990-N to Stay Tax-Exempt.)

    Fortunately, a look at history shows that a nonprofit must engage in some truly egregious conduct to lose its 501(c)3 tax exemption -- basically, it must act in such a way that it fails to carry out its exempt functions. For example, a nonprofit could lose its tax exemption by spending all of its time and resources running a for-profit business that's unrelated to the organization's exempt purposes or by diverting contributions, grants, and other income to personal use.

    How often does this happen? According to some recent statistics from the U.S. General Accounting Office, in 2001 the IRS made a total of nine revocations of tax-exempt status -- that's nine out of over one million nonprofits that lost their status. There's probably a better chance that your nonprofit's office will be hit by a meteor.

    Odds aside, this doesn't mean that you can freely flout the tax laws. The IRS can -- and often does -- impose fines, penalties, and back taxes on nonprofits that break the rules.

    And if the worst happens, and the IRS revokes your nonprofit's tax-exempt status, get ready for financial trouble. Your ex-nonprofit will be treated as a regular taxable corporation as of the date of revocation. This means all the income it receives will be taxable, and donors will not be able to deduct their contributions. (However, contributions received by the former nonprofit will be treated as nontaxable gifts made during the years the organization was considered to be tax-exempt.)

    But gifts obtained under false pretenses -- for example, in cases where donors were lied to about how the money would be used -- are taxable income to the ex-nonprofit. If that's not bad enough, the ex-nonprofit's officers and directors may have to pay excise taxes if they engaged in excess benefit transactions.

    For more information on making sure your non-profit stays in the good graces of the IRS, see Every Nonprofit's Tax Guide; How to Keep Your Tax-Exempt Status & Avoid IRS Problems, by Stephen Fishman (Nolo).
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    A Little Fleetwood Mac Palette Cleanser

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    What is Forgery? A Felony, of course...

    Direct Quote from http://codes.lp.findlaw.com/decode/11/5/III/861

    DEL CODE § 861 : Delaware Code - Section 861: FORGERY; CLASS F FELONY; CLASS G FELONY; CLASS A MISDEMEANOR; RESTITUTION REQUIRED

    Search DEL CODE § 861 : Delaware Code - Section 861: FORGERY; CLASS F FELONY; CLASS G FELONY; CLASS A MISDEMEANOR; RESTITUTION REQUIRED

    (a) A person is guilty of forgery when, intending to defraud, deceive or injure another person, or knowing that the person is facilitating a fraud or injury to be perpetrated by anyone, the person:
    (1) Alters any written instrument of another person without the other person's authority; or
    (2) Makes, completes, executes, authenticates, issues or transfers any written instrument which purports to be the act of another person, whether real or fictitious, who did not authorize that act, or to have been executed at a time or place or in a numbered sequence other than was in fact the case or to be a copy of an original when no original existed; or
    (3) Possesses a written instrument, knowing that it was made, completed or altered under circumstances constituting forgery.
    (b) Forgery is classified and punished as follows:
    (1) Forgery is forgery in the first degree if the written instrument is or purports to be:
    a. Part of an issue of money, stamps, securities or other valuable instruments issued by a government or a governmental instrumentality; or
    b. Part of an issue of stock, bonds or other instruments representing interests in or claims against a corporation, business enterprise or other organization or its property.
    Forgery in the first degree is a class F felony.
    (2) Forgery is forgery in the second degree if the written instrument is or purports to be:
    a. A deed, will, codicil, contract, release, assignment, commercial instrument, check or other instrument which does or may evidence, create, transfer, terminate or otherwise affect a legal right, interest, obligation or status; or
    b. A public record, or an instrument filed or required to be filed in or with a public office or public servant; or
    c. A written instrument officially issued or created by a public office, public servant or governmental instrumentality; or
    d. Part of an issue of tokens, tickets, public transportation transfers, certificates or other articles manufactured and designed for use as symbols of value usable in place of money for the purchase of property or services; or
    e. A prescription of a duly licensed physician or other person authorized to issue the same for any drug or any instrument or device for which a prescription is required by law.
    Forgery in the second degree is a class G felony.
    (3) All other forgery is forgery in the third degree, a class A misdemeanor.
    (c) In addition to any other penalty provided by law for violation of this section, the court shall require a person convicted of a violation of this section to make restitution to the party or parties who suffered loss as a result of such forgery.
    11 Del. C. 1953, § 861; 58 Del. Laws, c. 497, § 1; 62 Del. Laws, c. 241, § 1; 67 Del. Laws, c. 130, § 8; 70 Del. Laws, c. 186, § 1.;
    Category: 0 comments

    NJ Letter Writer on Pencader - "Sometimes, reality is stranger...than fiction"

    Sometimes, reality is stranger – and funnier – than fiction.
    Pencader Charter’s leader, who got her doctorate from a notorious diploma mill, was told that three of her teachers were double-dipping (receiving state pensions and salaries).
    She pretended to fire them, but actually retained them as “independent contractors.”
    One of the teachers flouting the law this way was her husband, who got paid a whopping $6,450 a month (of taxpayer money) to teach one single class.
    The subject?
    “Morals and ethics”!
    One can only laugh.
    David Gertler
    Wilmington
    http://www.delawareonline.com/article/20120727/OPINION10/307270011/Charter-school-situation-funnier-than-fiction
    C&E 1st responds -
    Though the irony is not lost on the masses, there is nothing funny about the gravity of the situation at Pencader.  Its deeply disturbing when any school's reputation is driven into the ground.  As we all know from the Moyer Charter Debacle, schools in this situation are often left to whist in the wind. Will this too become Pencader's legacy?  There are good people out there who want to help Pencader.  The question that remains is will Pencader accept their assistance or continue business as usual?  No pun intended.

    Category: 1 comments

    The Propaganda Machine Meets the Truth - When will the Mayhem Stop?

    Read Transparent Christina - http://transparentchristina.wordpress.com/2012/07/28/breaking-news-secret-communications-with-pencader-school-leader-released-in-the-wake-of-smilegate-pchs-netde/#comment-26003  Note the following text:
    The budget shows a very small amount of money allocated for lawyer fees in the 2012-2013 budget yet the lawyer fees for this year were many, many times more than that. How is this an accurate budget? There were several lawsuits left from the previous administration. These suits took a great deal of attorney input to end them in a way that benefited PCHS with no reprecussions; going forward, attorney’s fees should be minimal, but no 2012-2013 expected budget was presented. That process begins shortly, so we are not sure even where you think allocations for lawyer fees was presented. - email between Ann Lewis and Sarah Ster, June 29, 2012
    Then be sure to read the budget that Pencader presented to the state on May 30th, 2012 as required by DOE for failing to make the May 1 80% enrollment requirement for the upcoming school year - 2012-13. The school leader states that the "process begins shortly," a full 29 days after a "low enrollment" budget has been completed and submitted... And 2 days after Transparent Christina publishes the budget for the public view...


    John Young says:
    Check out the June 29th Ann Lewis email about UPCOMING budgets, then check this: http://transparentchristina.wordpress.com/2012/06/27/pencader-budget-submnission-based-on-missing-80-may-1-count/
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    Pencader Board Meeting Footage by the News Journal

    http://www.delawareonline.com/videonetwork/1756523037001/public-speaks-out-at-pencader-charter-board-meeting&odyssey=mod%7Cvideo%7C%7Cumbrella?nclick_check=1
    Category: 3 comments

    DelawareEd Releases Transcripts of Pencader Pension Hearings

    Nichole Dobo at the News Journal has published the transcripts of the Pension Hearings held two weeks ago for two Pencader teachers.  I'm not going to editorialize these for you.  If you care about education, care about tax dollars, or care about Pencader's students, go read the transcipts for yourself.  Click HERE!

    Rest Peacefully, Mr. Curry, and May Your Spirit Carry Forward the Generosity of Your Heart...

    “Today’s service is about healing and reconciliation and the institution of family,” said Rev. Christopher Bullock, pastor of Canaan Baptist Church. “The deep roots of the Jamaican culture will be on display here as it relates to the strong connection of family. The fact that they are so strong and anchored in family and faith it will serve as a great benefit for today and beyond today.” 

    Mr. Curry was a generous member of our community who gave his heart to those whose voices  could not always be heard.  Although he was taken tragically and all too soon, his contributions will live on in the successes of those he supported. 

    It has become a sad C&E1st tradition to share this song with readers when we remember those taken all too soon.  "Fireflies" was a favorite song of a young man who has since left us, but whose story and tenacity has stayed with me always.
    Category: 0 comments

    Philly Charges Charter Founder w/ Wire Fraud, Witness Tampering, Obstruction of Justice...

    Dorothy June Brown, 75, has been charged with defrauding three Philadelphia-area charter schools out of approximately $6.5 million.
    Brown, along with four current and former charter school executives were charged in a 62-count indictment. The four execs are charged with conspiring with Brown to obstruct justice.
    Brown allegedly used her private management companies, Cynwyd and AcademicQuest to defraud Agora Charter Cyber School and Planet Abacus Charter School. She is also charged with defrauding Laboratory Charter School of Communication and Languages. She founded Agora in 2005, Abacus is 2007 and Laboratory in 1997.
    According to the extensive indictment, fraudulent contract payments totaling more that $5.6 million dollars were made between Agora and Cynwyd. It goes on to say that Brown also allegedly made up documents, falsified board meeting minutes and fabricated contracts.
    She allegedly rewarded others to join in her conspiracy by rewarding them with prominent positions within the schools. She is also charged with wire fraud.
    The charges of wire fraud, obstruction of justice and witness tampering each carry a maximum possible sentence of 20 years in prison. The charges of conspiracy each carry a maximum possible sentence of 5 years in prison.  http://www.myfoxphilly.com/story/19100615/founder-of-several-philadelphia-charter-schools-charged-in-6m-fraud-scheme
    Category: 1 comments

    Transparent Christina is rackin' up the comments...

    http://transparentchristina.wordpress.com/2012/07/22/destateboard-betraying-taxpayers-by-ignoring-pertinent-and-known-facts-regarding-the-scams-at-pencader-high-school/#comments
    Category: 0 comments

    Finally, Helen, Someone is thinking of the children!


    Money was not the driving factor for returning to work at Pencader, Bob Lewis said. He did it because he loves working with children.He missed them after retiring from the Appoqunimink School District in 2002. He cares so deeply that he donates money to the school, he said, and spends many hours volunteering on weekends and evenings.“Money has never been the object. That’s not why I went back into the game,” Lewis said. “I went back into the game to work with kids.”
    Payments to Bob Lewis, made thought his company Educational Consulting, were for more than teaching services in 2011-2012, state records indicate.
    His company was also paid several thousand dollars for supplies, records in the state checkbook show. Bob Lewis said he didn’t know anything about payments for supplies.
    He suggested it was a coding error in the state checkbook system."And, like I said, if I had the opportunity to show you my actual invoices submitted, you’d see that there,” Lewis testified to the pension board July 11.
    The News Journal asked to see those invoices in a July 5 public records request that also seeks cashed checks, the school’s conflict of interest policy and other documents. The school’s assistant leader, Amanda C. Fraser, said in a letter sent July 17 the school was reviewing the public records request. - The News Journal, 7/22/12 

    Teachers Subsidized Pencader's Budget while Others Got Sweetheart Deals!

    Troubled school

    Pencader is a public school near New Castle with about 430 students. It has a taxpayer-funded annual budget of more than $5 million. In the last school year, teachers there bought their own supplies, collected donations and scrimped as the school struggled to survive financially. The school was nearly closed by the state Department of Education last year because of those financial difficulties.  - News Journal, 7/22/12
    While Pencader teachers subsidized their school by buying their own supplies, and while volunteers  (the unpaid kind) worked to established an Annual Giving Campaign and collected funds for that campaign, the school leader, empowered with her diploma mill degree, was giving sweetheart deals to her spouse and friends.  Her husband collected more than $6,000 a month for teaching one class while another teacher was paid twice as much as her peers in the same department for less work. 

    Thus, while some teachers went out of pocket for the school they love, and three to four others were RIF'd (reduction in force) due to the lower than anticipated 2011 September 30th Count,  two respected peers collected off-scale payments totaling about $120,000/yr for their contracted services.

    Since both contracters were to collect more than $50,000/year, one must ask "Where is the RFP?" 

    Another Question - Did anyone realize that if the two contracters had been payed scale to their peers or at least paid only for their services and not above and beyond for things like volunteering, Pencader could have afforded two additional contractors or at least one more full-time employee.  Pencader could have reduced its RIF by TWO.  Wonder if it would have been beneficial to have a Guidance Counselor? Or an employee dedicated solely to the Co-Op class instead of the PTO president?

    Wonder if having those 1-2 additional bodies on staff (presumably qualified) would have reduced any of the thousands of dollars spent on Kelly Services.

    The Bottom Line - Pencader did not spend its tax-payer funded budget with transparency nor conservancy.  Instead, sweetheart deals were sanctioned at the expense of Pencader's students and their education. Just think - this school did well on its DCAS scores - imagine how much better those scores could have been if the students were put first by the leaders and the adults stopped playing "the game" *

    If you are not angry yet - You SHOULD Be!

    * "The Game" as used in the sentence:  “Money has never been the object. That’s not why I went back into the game,” Lewis said.

    If it's not about the money, Mr. Lewis, then Give It BACK!

    Sunshine, Lollipops, and an Intervention

    The Subplot - My friends parents let them do it! Why can't I?

    “Due to the Office of Pension’s stance that you cannot work as a seasonal employee, your employment with Pencader Charter High School is terminated effective October 1, 2011,” states a one-sentence letter signed by “Ann E. Lewis Ph.D.” addressed to her husband, who was one of the three teachers, and copied to the state. - News Journal, 7/22/12
    School leader Ann Lewis instructed those working under her to remove the teachers, including her husband, Bob Lewis, from the state’s payroll system in October. The three teachers were transformed into independent contractors. - News Journal, 7/22/12
     Pension Administrator David Craik said the school told his office the teachers had been terminated. - News Journal, 7/22/12


    “The misleading, at best, and arguably dishonest letter by the school leader and the email that was copied to Mr. Lewis is very troubling, to say the least, and should cast real doubt on the credibility of what he is about to say,” Ellis told the pension board.- News Journal, 7/22/12
     The school’s initial solution to the pension office communication was to reclassify the teachers in the state payroll system as “casual/seasonal” in an attempt to allow the teachers to continue collecting a pension and a paycheck, according to testimony presented in the pension board hearing and public documents.
    State pension officials rejected this, public records show. Craik, the pension office administrator, wrote a letter dated Oct. 17 to school leader Ann Lewis saying there was a lot at stake.
    “Further, the IRS would probably view the method in which these retirees were rehired as a ‘sham transaction.’ Unfortunately, this is a serious violation for both the employee and the State.”
    After this letter from Craik, the Pension Office was sent the “termination” communication and the teachers were hired as contractors. - News Journal, 7/22/12
    During their hearings, Bob Lewis and Shirley Roccia both said they were told by school leaders that classification as an independent contractor allowed them to collect their pensions while also working at the school. - News Journal, 7/22/12
     In an interview last month, Ann Lewis told The News Journal that her husband only worked part time at the school, and that’s why he could also collect a pension. - News Journal, 7/22/12
     The independent contractor plan at Pencader was used to “save money,” according to testimony at the pension board hearing.
    State pension office officials said it is not helpful or legal for schools to seek cost savings in this manner. - News Journal, 7/22/12


    There was no intention to trick the pension office by creating the independent contractor plan at Pencader, said Mike Scanlon, a former contractor for Innovative Schools, a Wilmington nonprofit that provides support services to schools.
    Innovative Schools has been assisting Pencader this year with its budgeting and human resources.
    By keeping the teachers collecting pension benefits, the school saved money because it was not responsible for paying health benefits or contributions to the state pension plan, he said.
    Before Pencader moved to the independent contractor plan for the teachers – which Scanlon said was not his idea – the school talked to some other people in the education community, including Department of Education retirees.  - News Journal, 7/22/12



    Category: 16 comments

    I hope the Blue Ribbon Charter School Panel is Reading Today's Paper and Taking Notes!

    According to testimony at a recent pension hearing, Bob Lewis said he was responsible for teaching only one class, morals and ethics, in return for nearly $6,500 a month. The rest of his time at the school, he said, was volunteering. - The News Journal, 7/22/2012
    He said under oath that beyond teaching one class, all his time at the school was as a volunteer. Lewis said he was paid with Title 1 funds earmarked by the federal government to support the academic achievement of disadvantaged children. - The News Journal, 7/22/2012
     Bob Lewis and Roccia were paid more than many of their colleagues at Pencader, but the two teachers said they had fewer duties than other teachers.
    At the pension board hearing, Bob Lewis said that in addition to having to teach only one class he also didn’t have to attend in-service days. The News Journal, 7/22/2012
    There are no state rules that dictate what charter school teachers must be paid. Some may have their pay scales based on experience levels, but determining pay is left up to each school’s administration. The News Journal, 7/22/2012

    In an interview last month, Ann Lewis told The News Journal that her husband only worked part time at the school, and that’s why he could also collect a pension. She said it was acceptable to set her husband’s pay at the same rate as a full-time teacher because she knew he’d be working a lot of volunteer hours. The News Journal, 7/22/2012

    “Money has never been the object. That’s not why I went back into the game,” Lewis said. “I went back into the game to work with kids.” The News Journal, 7/22/2012
    Category: 0 comments

    Delaware Charter School Treated as Personal Cash Cow?

    Scandalized by greed... Little guillotines the public faith more than learning that the epitome of sacred trust - a school - has been savagely recast for insipid and personal ingress to plunder the pension system.   Angry, unparallelled.

    But, that's just my opinion.  What's yours?


    http://www.delawareonline.com/article/20120722/NEWS03/307220041/Pencader-teachers-run-afoul-state?odyssey=tab%7Ctopnews%7Ctext%7CHome&nclick_check=1
    Category: 4 comments

    A Pension - It's how you carry on paying for the things you want to do when NO ONE IS PAYING YOU!




    Morals and Ethics, huh?

    Morals and Ethics...

    When you get extra pay for volunteering, IT'S NOT VOLUNTEERING ANYMORE! 
    Category: 0 comments

    Character is at the heart of every decision

    "Leadership is the potent combination of strategy and character... but, if you must be without one, be without strategy!" - Norman Schwarzkopf
    Category: 0 comments

    Thank You Stephen St. Bernard, You are a REAL HERO!

    An MTA city bus driver says he was thinking of his own young daughter when he rushed to catch a 7-year-old girl plunging three stories from a Brooklyn building Monday.
    "Please let me catch her, please let me catch her," Stephen St. Bernard, 52, recalled thinking. "That's all I could say. Let me catch the little baby..."
    Police sources said the girl has autism. Her mother was inside the apartment watching her other child and did not see the girl standing outside on the A/C, the sources said.


    In all fairness to her mother - children with autism often have mad Houdini-esque skills with a propensity for finding themselves in dangerous situations.  These children are unable to recognize the dangers associated with risky behaviors.  They may run toward traffic, are drawn toward water, or frequently wander.  In severe cases, parents sometimes put their homes in literal lockdown with keyed locks and alarm systems on doors and windows.  It's a hard way to live, but necessary to ensure our children are safe.  It literally only takes one minute - the second you turn your attention to another child in the home - for trouble to come knocking.

    Thank You Mr. St. Bernard. You are a real hero! 


    Read More Here:   http://www.nbcnewyork.com/news/local/Hero-MTA-Bus-Driver-Catches-Girl-Falling-Three-Stories-Brooklyn-Building-Coney-Island-162666676.html

    Category: 6 comments

    Q4 is Live! Get Your Sleuth On!

    Get Your Sleuth On!

    Across the state school board members are reaching for their budgets to begin the annual informal dissection of FY2012.  Q4 is our digital Easter egg!  (BTW - more often than not, questions board members devise from their perusal of the online checkbook have easy explanations! Board members generally don't look for the "Gotcha" moment - they use the checkbook to develop a fiscal sense of the needs of their district or school - it's an opportunity to see approved budgets in action and impact.)


    Definition of Easter Egg from Wikipedia (of course it's not entirely verfied, but you get the idea.)

    A virtual Easter egg is an intentional hidden message, in-joke, or feature in a work such as a computer program, web page, video game, movie, book, or crossword. The term was coined—according to Warren Robinett—by Atari after they were pointed to the secret message left by Robinett in the game Adventure.[1] It draws a parallel between the custom of the Easter egg hunt observed in many Western nations and the last Russian imperial family's tradition of giving elaborately jeweled egg-shaped creations by Carl Fabergé which contained hidden surprises.[2]
    This practice is similar in some respects to hidden signature motifs such as Diego Rivera including himself in his murals, Alfred Hitchcock's legendary cameo appearances, the appearances of Fritz in the works of Chris van Allsburg, and various "Hidden Mickeys" that can be found throughout the various Disney Parks. An early example of this kind of "Easter egg" is Al Hirschfeld's "Nina".
    Atari's Adventure, released in 1979, contained what was thought to be the first video game "Easter egg", the name of the programmer (Warren Robinett). However, evidence of earlier Easter eggs has since surfaced. Several cartridges for the Fairchild Channel F include previously unknown Easter eggs, programmed by Michael Glass and Brad Reid-Selth, that are believed to predate Robinett's work.[3][4]

    http://en.wikipedia.org/wiki/Easter_egg_(media)

    Category: 0 comments

    Question of the day: Can a sociopath self-diagnose?



    Profile of the Sociopath



    This website summarizes some of the common features of descriptions of the behavior of sociopaths.


    From:  http://www.mcafee.cc/Bin/sb.html
  • Glibness and Superficial Charm

  • Manipulative and Conning
    They never recognize the rights of others and see their self-serving behaviors as permissible. They appear to be charming, yet are covertly hostile and domineering, seeing their victim as merely an instrument to be used. They may dominate and humiliate their victims.

  • Grandiose Sense of Self
    Feels entitled to certain things as "their right."

  • Pathological Lying
    Has no problem lying coolly and easily and it is almost impossible for them to be truthful on a consistent basis. Can create, and get caught up in, a complex belief about their own powers and abilities. Extremely convincing and even able to pass lie detector tests.

  • Lack of Remorse, Shame or Guilt
    A deep seated rage, which is split off and repressed, is at their core. Does not see others around them as people, but only as targets and opportunities. Instead of friends, they have victims and accomplices who end up as victims. The end always justifies the means and they let nothing stand in their way.

  • Shallow Emotions
    When they show what seems to be warmth, joy, love and compassion it is more feigned than experienced and serves an ulterior motive. Outraged by insignificant matters, yet remaining unmoved and cold by what would upset a normal person. Since they are not genuine, neither are their promises.

  • Incapacity for Love

  • Need for Stimulation
    Living on the edge. Verbal outbursts and physical punishments are normal. Promiscuity and gambling are common.

  • Callousness/Lack of Empathy
    Unable to empathize with the pain of their victims, having only contempt for others' feelings of distress and readily taking advantage of them.

  • Poor Behavioral Controls/Impulsive Nature
    Rage and abuse, alternating with small expressions of love and approval produce an addictive cycle for abuser and abused, as well as creating hopelessness in the victim. Believe they are all-powerful, all-knowing, entitled to every wish, no sense of personal boundaries, no concern for their impact on others.

  • Early Behavior Problems/Juvenile Delinquency
    Usually has a history of behavioral and academic difficulties, yet "gets by" by conning others. Problems in making and keeping friends; aberrant behaviors such as cruelty to people or animals, stealing, etc.

  • Irresponsibility/Unreliability
    Not concerned about wrecking others' lives and dreams. Oblivious or indifferent to the devastation they cause. Does not accept blame themselves, but blames others, even for acts they obviously committed.

  • Promiscuous Sexual Behavior/Infidelity
    Promiscuity, child sexual abuse, rape and sexual acting out of all sorts.

  • Lack of Realistic Life Plan/Parasitic Lifestyle
    Tends to move around a lot or makes all encompassing promises for the future, poor work ethic but exploits others effectively.

  • Criminal or Entrepreneurial Versatility
    Changes their image as needed to avoid prosecution. Changes life story readily.



  • Other Related Qualities:
    1. Contemptuous of those who seek to understand them
    2. Does not perceive that anything is wrong with them
    3. Authoritarian
    4. Secretive
    5. Paranoid
    6. Only rarely in difficulty with the law, but seeks out situations where their tyrannical behavior will be tolerated, condoned, or admired
    7. Conventional appearance
    8. Goal of enslavement of their victim(s)
    9. Exercises despotic control over every aspect of the victim's life
    10. Has an emotional need to justify their crimes and therefore needs their victim's affirmation (respect, gratitude and love)
    11. Ultimate goal is the creation of a willing victim
    12. Incapable of real human attachment to another
    13. Unable to feel remorse or guilt
    14. Extreme narcissism and grandiose
    15. May state readily that their goal is to rule the world

    (The above traits are based on the psychopathy checklists of H. Cleckley and R. Hare.)




    NOTE: In the 1830's this disorder was called "moral insanity." By 1900 it was changed to "psychopathic personality." More recently it has been termed "antisocial personality disorder" in the DSM-III and DSM-IV. Some critics have complained that, in the attempt to rely only on 'objective' criteria, the DSM has broadened the concept to include too many individuals. The APD category includes people who commit illegal, immoral or self-serving acts for a variety of reasons and are not necessarily psychopaths.




    DSM-IV Definition

    Antisocial personality disorder is characterized by a lack of regard for the moral or legal standards in the local culture. There is a marked inability to get along with others or abide by societal rules. Individuals with this disorder are sometimes called psychopaths or sociopaths.

    Diagnostic Criteria (DSM-IV)

    1. Since the age of fifteen there has been a disregard for and violation of the right's of others, those right's considered normal by the local culture, as indicated by at least three of the following:
    A. Repeated acts that could lead to arrest.
    B. Conning for pleasure or profit, repeated lying, or the use of aliases.
    C. Failure to plan ahead or being impulsive.
    D. Repeated assaults on others.
    E. Reckless when it comes to their or others safety.
    F. Poor work behavior or failure to honor financial obligations.
    G. Rationalizing the pain they inflict on others.

    2. At least eighteen years in age.

    3. Evidence of a Conduct Disorder, with its onset before the age of fifteen.

    4. Symptoms not due to another mental disorder.
    Category: 1 comments