BY KRISTINA SMITH

The Kentucky Department of Education has been asked to intervene in the conduct of Knox County Board of Education members following an investigation conducted by the Kentucky Office of Education Accountability. In addition to improper conduct among a couple board members, the investigation allegedly found several wrongdoings by Knox County Superintendent Kelly Sprinkles.

The investigation alleges the board as a whole violated Kentucky law. However, two board members in particular were allegedly found in violation of additional laws and policies — Chairman Dexter Smith and Vice Chairman Merrill Smith.

A memorandum containing a report from the Kentucky General Assembly Office of Education Accountability dated Nov. 13 lists four allegations against Knox County Board of Education members.

According to the memorandum, OEA staff members visited the school district to interview staff and board members.

“In general, staff of the Knox County School District who were interviewed throughout the investigation were extremely reluctant to share information because of concern for their employment with the district,” the memorandum states. However, the district provided all requested documents to OEA staff and the Knox County Board of Education provided a response their its attorney.

“The majority of information in this report was obtained from documents requested from the district during the investigation,” the memorandum states.

The first allegation addressed in the report is that members of the Knox County Board of Education are interfering in personnel matters of the district.

The second allegation listed in the report is that members of the Knox County Board of Education are interfering in the day-to-day operation of the district.

The third allegation states that Merrill Smith violated board policy relating to the Knox County Board of Education agenda.

The final allegation listed in the report states the school district is providing maintenance services for Barbourville Independent School District buses using Knox County School District resources without any form of remuneration.

According to the report, Dexter Smith told investigators that he “had not involved himself in personnel matters of the district nor was he aware of any other board member being involved in personnel in the district other than those positions that the board is responsible for.” He also allegedly told investigators he now spends very little time in the schools, understands his responsibility as a board member and only visits the schools if he’s asked to do so.

According to the report, Merrill Smith told investigators that he “had not involved himself in personnel matters of the district other than those regarding the superintendent and board attorney.” Merrill Smith also allegedly told investigators that he never instructed school employees to do certain tasks, nor has he ever “asked central office staff to do nothing.” He reportedly told investigators that he too understands his responsibility as a board member and that as a board member “you don’t get into personnel, curriculum, and day to day activities.”

“Members of the Knox County Board of Education are interfering in personnel matters of the district.”

The investigation found that both Dexter Smith and Merrill Smith were allegedly found in violation of Kentucky law in regards to this allegation.

The report states that on July 5, 2013 Dexter Smith received an email from a woman stating her interest and qualifications for a preschool teaching position at Lynn Camp Elementary School.

On July 17, 2013, Dexter Smith used his district-provided cell phone to place four phone calls to the school’s then interim principal’s personal cell phone. On July 25, 2013, the interim principal sent an email recommending the woman for the position, and forwarded the email to Dexter Smith and Merrill Smith.

On Aug. 2, 2013, the woman was hired as a teacher at Lynn Camp Elementary. The report states the preschool teaching position vacancy was never posted to the Kentucky Educator Placement Service website.

Multiple examples of Merrill Smith allegedly using his position as a board member to influence personnel matters were listed by the report.

For instance, on Aug. 1, 2013 Merrill Smith received an email from a woman expressing her interest in teaching in the Knox County School District. Smith forwarded that email to the Lynn Camp interim principal stating, “This is (a man) and (a woman’s) family.” The following day, Merrill Smith received another email from the woman interested in the teaching position stating, “It was nice talking with you today. I called the number you called from earlier and you were not in. I just have a couple questions about both the college coach and permanent substitute positions.”

Later that night, the woman again emailed Merrill Smith stating, “I have decided on the permanent sub. position… Do you need me to fill out and turn in an application there? Please let me know if I need to do anything else. Again, I appreciate the opportunity so much.”

In part, Merrill Smith replied to her, “Let me know when you get this done and I will contact our superintendent.” The woman informed Merrill Smith that she had completed her paperwork on Aug. 5, and on Aug. 12 she was hired as a permanent substitute teacher for the Knox County School District.

The report states she continued to stay in contact with Merrill Smith even after being hiring so that he could assist her in staying in the school of her choice. On Sept. 23, 2013, the now-hired teacher informed Merrill Smith that she had been contacted by the Knox Central High School for a long-term substitute position. She stated, “I explained to them I originally had been told I’d be kept closer to Lynn Camp schools” and “If there’s any way you could help keep me on the west side of Knox County I’d greatly appreciate it.”

The report alleges Merrill Smith did in fact help her stay at Lynn Camp. His response to her was, “I contacted (a staff member) and explained to him after this week we needed to keep you at LC.” The report states that throughout their investigation, OEA staff found “numerous” emails between Merrill Smith and Pennington. “A majority of the emails relating to personnel matters at Lynn Camp Schools have been either copied to or forwarded to Board member Merrill Smith by Principal Pennington,” the report states. “These emails are not copied to Superintendent Sprinkles or all board members, only to Merrill Smith.” In conclusion, the report states investigators did find enough evidence to support the allegation in regards to Dexter Smith and Merrill Smith. “The investigation found that Board Member Dexter Smith was involved in personnel matters within the district in violation of KRS 160.180,” the report states. “Dexter Smith stated that he has since become cognizant of the limitations of board members in matters relating to personnel in the district other than those matters relating to the superintendent and the board attorney.”

Merrill Smith was also allegedly found in violation.

“The investigation finds that Board Member Merrill Smith, through his actions, has attempted to involve himself in numerous personnel matters within the district over a period of nearly two years in violation of KRS160.180,” the report states. “Merrill Smith’s use of information supplied to him to attempt and influence hiring and placement in particular positions constitutes an attempt to interfere in personnel matters of the district that are assigned to the superintendent of the school district through KRS 160.370 and KRS 160.380.” The report states investigators also looked into Board Member Peggy Gray for this allegation, however, no fault was found against Gray.

Multiple examples of alleged violations of Kentucky law supporting the allegation against Dexter Smith and Merrill Smith were given in the report. The report states Dexter Smith requested Central Office staff look for money within the district budget to allocate to Girdler Elementary School for the purchase of iPads.

Dexter Smith also reportedly made visits to Girdler Elementary throughout the spring of 2013 and the fall of 2014.

“Staff from Girdler Elementary stated that Dexter Smith appeared in the building very regularly during that time, but he seldom signed in as a visitor. According to the instances in which Dexter Smith did sign in, he would spend anywhere from an hour to three hours in the school during a visit,” the report states. “Staff stated that Dexter Smith would walk around the school, often times walking into classrooms during instructional time to talk to teachers or just to observe the classroom. Staff stated that Dexter Smith’s visits to the school decreased after December 2013.” The report goes on to list more examples of Dexter Smith’s alleged interference in day-to-day operations, such as the polishing of a gym floor.

“The investigation found that Dexter Smith was and continues to be involved in the day-to-day operations of the district in violation of KRS 161.160 and KRS 160.290,” the report states. “Again, Mr. Smith stated when interviewed that he has become more cognizant of his limitations of authority as a single member of the board. However, based on ongoing instances of interference, it appears that Mr. Smith has chosen to disregard those limitations.”

There were also multiple examples given in the report of Merrill Smith allegedly being involved in the day-to-day operations of the district. According to the report, Merrill Smith held private discussions with district staff members about topics such as the district’s time clock system, website, Union College Early Start Program, a PA system, cable wiring, staff training and the Lynn Camp football field. “There are numerous emails between now Principal Pennington and Board Member Merrill Smith, from the time Merrill Smith became a board member to the present, relating to the day-today operations of Lynn Camp Schools,” the report states. “A majority of the emails relating to school matters at Lynn Camp Schools are either copied to or forwarded to Bard Member Merrill Smith by Principal Pennington. These emails are not copied to Superintendent Sprinkles or all board members, only Merrill Smith.”

The report continued by stating Merrill Smith is heavily involved in almost any decision made at Lynn Camp schools.

“Also based on the emails reviewed, Merrill Smith is heavily involved in most any decision made at Lynn Camp Schools, i.e. the repair of a trailer for the football team (October 2014), informing the finance officer where/how to charge an ice machine purchased for Lynn Camp Schools (September 2014), etc.”

As a result, investigators found Merrill Smith allegedly in violation of Kentucky law.

“The investigation found that Merrill Smith was and continues to be involved in the day-to-day operations of the district in violation of KRS 161.160 and KRS 160.290,” the report states. “Again, Mr. Smith stated when interviewed that he is aware of his limitations of authority as a single member of the board. However, based on the nearly two years of ongoing instances of interference, it appears that Mr. Smith has chosen to disregard those limitations.”

The report goes on to clarify the specific Kentucky statutes prohibiting board members from interfering with daily operations.

“Individual board members have no authority in a school district, only when the members of the board act as a whole do they have decision making authority,” the report states. “The board as a whole makes decisions regarding school district finances and approval of the district budget. Individual board members do not have the authority to assign duties to school district employees or engage them in projects at their whim.”

Merrill Smith joined the Knox County Board of Education in January 2013. A few months later, in April 2013, Merrill Smith emailed the then-board chair requesting four items be added to the agenda for an upcoming meeting. The board chair responded to Merrill Smith, saying she had already added two of those items to the agenda and that the other two topics for discussion were unnecessary.

OEA investigators stated in their report that it appears at this time Merrill Smith understood the board policy on adding items to a board agenda.

The board policy states the agenda for board meetings are prepared by the superintendent at the direction of, and subject to the approval of, the board chair. Any member of the board can submit items for the agenda of a regular meeting by going through the board chair or superintendent, according to board policy. However, on April 16, 2013 a secretary to the superintendent emailed all board members stating items had been omitted from the month’s board meeting at the request of Merrill Smith. The board chair at the time questioned why the items were removed from the agenda. The following day, Merrill Smith again contacted the superintendent’s secretary requesting she add an item to the month’s board meeting agenda, according to the report.

As a result, investigators say Merrill Smith violated board policy by adding or removing items from board agendas without contacting the superintendent or board chair.

“Merrill Smith violated Board Policy 01.45, Board Meeting Agenda, by directing the removal and addition of items on/to the Knox County Board of Education’s agenda without appropriately contacting the superintendent or by making a request to the board chair,” the report states. “Based on Merrill Smith’s initial request ion to (the board chair), it seems he has an understating of proper procedures regarding making changes to meeting agendas.”

The report continues by stating Merrill Smith violated the policy despite knowing the proper procedures.

“On April 16 and 17, 2013, however, Merrill Smith contacted (the superintendent’s secretary) directly and gave her specific directions regarding what to add to and what to remove from the agenda in violation of Policy 01.45,” the report states. “Merrill Smith knew the proper procedure and therefore should have addressed his request directly to the superintendent who would have then sought approval from the board chairperson or Merrill Smith should have made his request directly to the board chairperson.”

According to the report by OEA investigators, the Knox County Board of Education is providing maintenance services for Barbourville Independent School District’s buses.

“According to at least one board member, this practice has been in place for years,” the report states.

In the fall of 2013, Kentucky Department of Education Consultant Pete Miller advised both Knox County and Barbourville Independent School Districts that a written agreement needed to be in place regarding the arrangement, the report stated.

However, the Knox County Board of Education allegedly never approved such a contract.

The report states the Barbourville Independent Board of Education approved the contract at their Sept. 5, 2013 meeting. The contract was included on the Sept. 24, 2013 meeting agenda for the Knox County Board of Education.

But, the minutes of the meeting reflect that a “motion was made by Merrill Smith and seconded by Charles Merida to table the Knox-Barbourville City Contract for Services.”

According to the investigator’s report, the contract has never again appeared on the agenda of the Knox County Board of Education.

Still yet, from September 2013 until May 2015, Barbourville Independent School District buses were “continuously serviced” by the Knox county bus garage personnel “without cost” to the Barbourville Independent School District, according to the investigation report.

The board advised the OEA that the contract was approved during a May 26, 2015 meeting.

Knox County Schools’ transportation director reportedly told investigators that work orders are done for the services completed by Knox County. Work orders are submitted to the district’s finance officer to be billed and all billing for maintenance of Barbourville buses is done through the central office, the transportation director told investigators.

But, the district’s finance officer told investigators that she has never received a work order from the bus garage for maintenance of Barbourville Independent Schools’ buses and therefore has never submitted a bill to Barbourville for such services.

The report states the finance officer provided documentation of all receipts from the Barbourville Independent Board of Education and none of them were for bus maintenance.

As a result, investigators said the board as a whole has violated Kentucky law by allowing false transportation costs to be reported to the Kentucky Department of Education.

“By allowing Knox County School District resources to be used to service Barbourville Independent School District buses without remuneration or written agreement, the board has caused/allowed inaccurate transportation costs to be reported to KDE for both the Knox County and Barbourville Independent School Districts in violation of KRS 157.370(2) and 702 KAR 5:020, as well as the Kentucky Constitution Section 186,” the report states. “Those inaccurate costs are then used in the calculation to determine SEEK transportation funding for all school districts in the state.”

The report continues by stating the failure to have a written contract places the board in a position of assuming liability.

“The board may also be putting the Knox County School District in a position of assuming a liability by not having in place any form or written agreement outlining the board’s responsibility and liability relating to repairs and maintenance performed on Barbourville Independent Schools’ buses,” the report states.

Because of the allegations and subsequent findings, OEA investigators have decided to refer the board to the Kentucky Department of Education for further action to be taken.

The report cites Kentucky law which outlines the OEA’s authority to do so, and what measures may be taken.

“The chief state school officer shall recommend, by written charges to the proper school authorities having immediate jurisdiction, the removal of any superintendent of schools, principal, teacher, member of a school council, or other public school officer as to whom he has reason to believe is guilty of immorality, misconduct in office, incompetency, willful neglect of duty or nonfeasance. In the case of a member of a school council, the written charges shall be provided to the local board of education,” the law states.

It’s now up to the Kentucky Department of Education to take further action — or to not.

“For the reasons listed above, OEA, by copy of this report, is referring the Knox County Board of Education to the Kentucky Department of Education for determination of action consistent with KRS 156.132,” the report states.

For information regarding the report returned by OEA in regards to Superintendent Kelly Sprinkles, see the Monday edition of The Times-Tribune.