Three School Board Members
File Conflict of Interest Statements

by Micki Nellis

Three school board members have filed conflict of interest statements. They are Brad Allen, incumbent board member seeking reelection, Brad Mead, incumbent board member seeking reelection, and Teddy Martyniuk, board member elected last year.

The conflict of interest forms were filed in since March 1, 2007 and are posted on Cleburne ISD’s website at www.cleburne.k12.tx.us. (At the top, click on Inside CISD, then on Required Postings, then on Disclosure Statements. The three school board members’ conflict of interest forms are at the bottom of the page.) Direct links are posted at http://www.CleburnePolitics.com.

School Board member Brad Allen’s posted form says he was required to file because he is city president of Compass Bank, where Cleburne ISD keeps its money. With a budget of about $44 million, CISD’s money deposits in Compass Bank are sizeable.

Brad Mead’s posted form says he was required to file because he is employed by United Electric Cooperative, which supplies the school with electricity. (Mead’s wife, Kara, is a teacher at CISD who recently received a promotion.)

Teddy Martyniuk was required to file because he is manager of Wal-Mart, from which the school buys around $100,000 of goods per year.

Two issues are of importance. First, the law requires that the conflict of interest statements be filed within 7 days of learning of a conflict. Second, the law requires that when a conflict of interest exists, the board member is prohibited from voting on or participating in discussions about the matter for which there is a conflict.

School board members have been in violation in both situations. All board members have routinely discussed and voted on paying bills to Compass bank, United Electric Cooperative and Wal-Mart without any abstentions. At the last board meeting, Alden Nellis called the law to their attention during Citizens comments. All board members proceeded to vote anyway.

Chapter 176, Texas Local Government Code, says the grace period is only seven days from learning of the conflict. Failure to file is a criminal offense, a Class C Misdemeanor punishable by a fine of up to $500. More research is needed to determine if the fine of $500 is per offense, i.e. per month that the board member discusses and votes on the matter for which there is a conflict.

Board Member Brad Allen by law was required to file a conflict of interest statement as soon as he took over as city president of Compass bank, about a year ago.

Board Member Brad Mead has served three years without filing.

Board Member Teddy Martyniuk has been in violation of the law since his election in May, 2006.

Vendors are also required to file conflict of interest statements. Wal-Mart’s form is still incomplete as of May 1, 2007. Vendors are punishable by fines of up to $2,000.

Cleburne ISD is required by the same law to post the conflict on interest forms on their website. After receiving Brad Allen’s on March 1, Teddy Martyniuk’s on March 12, and Brad Mead’s on March 16, the school posted them upside down on the website and under the names of the vendors instead of the board members’ names. After two email notices by Micki Nellis of improper posting and a speech at the school board meeting by Alden Nellis, the school corrected the improper posting.

It is possible that the conflict of interest filings were triggered by an Open Records Request submitted by Micki Nellis on February 26 stating “Please provide copies of any and all conflict of interest statements filed by members of the School Board, Superintendent Damron, and any other member of the CISD Administration for the fiscal years 2005, 2006 and 2007.” All of the conflict of interest statements were dated after the Open Records request date.

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The complete link to the CISD conflict of interest page is http://www.cleburne.k12.tx.us/inside_cisd/required_postings/disclosure_statements/index.htm
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Brad Allen’s statement is at http://www.cleburne.k12.tx.us/downloads/special/disclosure_statements/brad_allen_cis.pdf
Brad Mead’s statement is at http://www.cleburne.k12.tx.us/downloads/special/disclosure_statements/brad_mead_cis.pdf
Teddy Martyniuk’s statement is at http://www.cleburne.k12.tx.us/downloads/special/disclosure_statements/teddy_martyniuk_cis.pdf