On Governance

November 18, 2012

Our local “leaders” at the El Paso Independent School District (EPISD), at City Council, and at Commissioners Court are right when they comment that they do not have the authority to tell anyone in the organizations that they represent to do anything (in other words manage the staff directly).

They are members of governing organizations that must exert control as a group.  (I will refer to these governing organizations as boards in an effort to avoid getting too wordy.)  A single member of any of these boards does not have the right to speak for his group without the express permission of the group.  They must govern by building a consensus with the other members of their board.  The organizations they represent are managed on a day-to-day by other people.  In the case of the School District and the City it is through a paid manager.  In the case of the county most of the managers are other elected officials like the Sheriff and the County Clerk, so the commissioners have even less direct control over operations.

They should not intervene with the running of any department directly.  They should be declaring policy and controlling the person managing the organization.  That is what they are not doing.

They have the power to ask questions.  They can bring their manager before their board and ask questions when they believe something is wrong.  They have the power as a group to tell the manager what they want done.

They have the power of the budget.  They may not be able to tell a department how to operate but they certainly can control how much money the department has and how the money will be used.

These hired managers work for their board.

This is the way that business boards run and it can be quite effective.  Our City Representatives on the other hand seem to think that they work for the City Manager.  If a representative votes the wrong way the representative has to bear the wrath of the City Manager who writes that they are “crazy” or that they have the beginnings of “dementia”.  Even worse, the City Manager may deny the representative’s district some funding until the representative gets back in line.

Our problem is that we have elected people to these boards that have never run anything substantial.

The EPISD board has seven members–two that are professional educators (similar to the inmates running the asylum), a PTA activist, a retired army officer, a federal official, an insurance agent, and a person who has run a metal shop.

Our City Council has a former property manager, a former aid to a Mayor of El Paso, a former city department head, a retired army first sergeant, a private physician, a representative who says he is a small businessman (I have not been able to figure out where), a lawyer, and a person who was evidently a stock broker for a short while.

The County Commissioners Court offers us a lawyer who worked for the county for a number of years, a body shop owner, a lawyer who was appointed to the position of commissioner, and a person who works in real estate.

Are we nuts?  No wonder we are in this situation.  EPISD has about 10,000 employees, the City has about 6,000, the County almost 3,000.  I am not sure that I would hire any one of these “leaders” to run a bubble gum stand.

Please understand that I am not trying to be critical of these professions.  My point is that these people do not have the experience necessary to control their manager.  If they did we would not be where we are.

Having a couple of people on each of these boards that have run significant operations themselves and that know how to ask questions would do us a world of good.  Many qualified candidates will not do it because they do not want to put up with the environment they would be thrown into.  We need to ask them for help.

We deserve better.


Jumping to Conclusions

November 16, 2012

The headline of the El Paso Times Wednesday (Nov. 14, 2012) was “Region 19 director grills EPISD trustees”.  The article however did not report any heavy questioning from the Region 19 director.  There evidently was some lecturing on his part though.  From what I have been able to figure out about this school board mess, the director was spot on.

My issue with the headline is that it is misleading, but then again I have a dictionary.  Intense questioning was in order and I would have liked to read about it.

Unfortunately the article went on to say that the Region 19 director asked “How do you get a company and don’t find out that they don’t know how to do what your’re paying them for?” in referring to a $375,485 contract the district was required to issue “to oversee and monitor test administration and test security for this school year…”.  The director evidently told the board that the leader of the company they awarded the contract to called him after the contract was issued  and asked Region 19 to provide training to the company.

That sounds pretty bad.  It appeared that the board issued a sizable contract to a company to perform a critical function and that the company did not know how to do it’s job.

Then on Thursday the Times headline was “State test-monitoring company followed EPISD bid requirements” which I took to mean that the bid was defective.  The rather long article did a pretty good job of explaining that the contract required the vendor to receive some kind of training from the director’s education service center.  I suspect that some lawyers helped the El Paso Times understand the need for clarification.  It appears that the vendor was doing what was required of them.  Then it turns out that the education service center does not offer that kind of training.

So what did they do?  “Representatives from [the vendor] participated and observed EPISD training on these procedures on November 1”.  Let’s get this straight.  The company that is supposed to oversee and monitor the process gets trained by the group that they are supposed to oversee and monitor.  Only at EPISD.

The bidding process was defective.  Only one bid was received.  This is typical.  The school district wrote a bid request that could not be complied with and that was so restrictive that only one firm responded.  In all probability any local CPA firm would have been able to do the work, but then again they probably don’t want to get involved with the school district.

So what do we have here?  First we have a newspaper that goes through the motions of helping watch a defective school district but relies on emotion instead of fact.  Second we have the director of an education service center making highly misleading accusations.  Third we have the EPISD that has thoroughly failed in the past and that cannot even handle a bid fairly.

By the way, I remember when is was called Region XIX Education Service Center.  I guess somewhere along the line they stopped teaching children Roman numerals.  For all I know they don’t teach where Rome is anymore either.

Our children deserve better!


More No-Bid Spending

November 11, 2012

Tuesday’s City Council agenda has another bunch of no-bid purchases totaling just short of 1.2 million dollars on it (item 12B).

These are primarily for computers and related equipment that the City wants to “refresh”. With all of the other expenses related to moving City Hall I would think that they could hold off on this for a while, but it is possible that getting new equipment at this point makes financial sense. I won’t get into that argument today,

I do want to talk about how they are doing it.

Once again they are using a buy-board without soliciting competitive bids. Why? Favoritism? Laziness? Arrogance? Some of each?

What they should do is request competitive bids and then make the buy-board offer one of those that are evaluated. If after evaluating the offers the buy-board offers the best value the City should then buy
from it. Remember that market conditions change and that we might get a better deal today then we got when the buy-board contract was negotiated. That is how the Federal e-rate program requires it to be done. The City, County, State, school districts and other governments should do it the right way too.

We deserve better.


SPENDING OUR MONEY MORE WISELY

November 10, 2012

The State of Texas through it’s Department of Information Resources (DIR) operates what is commonly called a buy-board for technology devices and services.

Here is how it works. DIR starts by posting a notice that it would like to receive offers for a certain type of equipment (lets keep it non-technical and say they are looking for Chevrolet sedans). Companies respond with their offers. DIR negotiates prices and terms and ultimately enters a contract under which governmental entities can buy Chevrolet sedans for some percentage off of sticker price. They may also go through the same process for Cadillacs and Fords or other sedan brands.

Governmental entities then use this process to buy sedans instead of conducting competitive bidding to get the best value for themselves.

These contracts allow the entities to choose the brand and model that they want even though a fair competitive bidding process might provide better value for the taxpayers. The entity can choose Cadillacs instead of Chevrolets or Fords simply because they have a favorite brand or dealer.

This is not competitive bidding. It is often favoritism. If the entity would conduct the bid process fairly, receive bids, and then include a DIR offer in it’s analysis we could get much better value for our money. Circumstances change and many times the price a company will charge will be lowered, for example at the end of a model year or if sales are too slow. We should be smart buyers and get the beter price.

Why do they do this with our money? Probably sometimes because it allows them to use favoritism. Probably sometimes because it is easier and less transparent to use the buy-board. It is a way to eliminate competition.

It is legal in the State of Texas. It should be changed.

We deserve better than this.


El Paso Independent School District

November 6, 2012

We would like to hear what you are thinking!

Use this post to comment upon what you are thinking about the El Paso Independent School District.

Please keep your comments civil and do not get personal.

Certainly you can express yourself without being crass.