THE TEXAS EDUCATION AGENCY - San Antonio Express …extras.mysanantonio.com/pdf/20111013TEAComplaint.pdf · THE TEXAS EDUCATION AGENCY ... interview and discussion and vote of the

FORMAL COMPLAINT TO:

THE TEXAS EDUCATION AGENCY

AGAINST

CORPUS CHRISTI INDEPENDENT SCHOOL DISTRICT

Correspondence and Complaints Management Office of the Commissioner of Education

Texas Education Agency 1701 N. Congress Avenue Austin, Texas 78701‐1494

[email protected]

For violation of the Texas Professional Services Procurement Act (Government Code – Chapter 2254) during the selection and award of the architectural design contract for the Corpus Christi Independent School

District New Southside Middle School.

Formal Complaint to The Texas Education Agency

Table of Contents

1. TEA General Correspondence Form

2. Table of Contents

3. Description of Complaint

4. Timeline – Architectural Selection for New Southside Middle School (RFQ# FY11-Q-0056)

5. Supporting Material

a. DVD Video of Architect Interviews and Board selection of A/E team for

the Corpus Christi Independent School Districts New Southside Middle

School, August 5, 2011

b. CCISD Action Item Agenda – August 22, 2011

c. Owner/Architect Agreement between CCISD & Gignac Associates / PBK

dated August 22, 2011

d. CCISD Action Item Agenda – August 5, 2011

e. Corpus Christi Caller Times article dated September 12, 2011 “TBAE

opens investigation into PBK Architects employees”

f. Corpus Christi Caller Times editorial dated August 30, 2011 “Corpus

Christi ISD needs to ensure faith in its bid process”

g. Corpus Christi Caller Times article dated August 26, 2011 “Corpus Christi

architects, engineers file complaint against CCISD design team”

h. Corpus Christi Caller Times article dated August 22, 2011 “CCISD

trustees, superintendent address trip cited by Open Meetings Act

advocate as violation”

i. Corpus Christi Caller Times editorial dated August 17, 2011 “What Corpus

Christi ISD calls a gray area, we call shade”

j. Corpus Christi Caller Times article dated August 16, 2011 “Trip some

Corpus Christi ISD trustees took was a violation, Open Meetings Act

advocate says”

Formal Complaint to The Texas Education Agency

6. Complaint Form filed with Texas Board of Architectural Examiners

a. Complaint Form – Raymond Gignac, Gignac & Associates b. Complaint Form – James Ian Powell, PBK c. Complaint Form – Irene Mariette Nigaglioni, PBK d. Complaint Form – Joel E. Hernandez, PBK

7. Government Code – Chapter 2254 (001-005)

8. Texas Administrative Code – Title 22; Part 1; Chapter 1; Subchapter H; Rule

1.147 Professional Services Procurement Act

9. Request for Qualifications for New Southside Middle School dated April 4, 2011

Description of Complaint The Corpus Christi Independent School District has, through actions of its Board of Trustees and Administration violated Chapter 2254 of the Texas Government Code during the selection and award of contract for architectural services. Additionally, the selected architectural team also violated Chapter 2254 of the Texas Government Code during their interview with CCISD Board of Trustees and administration. Both the architects and multiple members of the Board openly discussed the firm’s offer to “voluntarily give back” a portion of their architectural fees during the interview for selection. Several Board Members openly stated the basis for their vote to select this team was based upon this proposed savings to the District. The Board comments illustrate that the Board of Trustees specifically and deliberately failed to use the published selection criteria as the basis for the architect selection. (See video of interview and discussion and vote of the Board available on the attached disk or online at http://echalk.ccisd.us under the Board of Trustees pull down menu).

The Texas Board of Architectural Examiners has regulatory authority over the architects in question. An official complaint has been filed with the Texas Board of Architectural Examiners against each of the four (4) architects involved in this case. TBAE is moving forward with an investigation and possible prosecution of the architects.

Section 2254.005 states the following: “VOID CONTRACT. A contract entered into or an arrangement made in violation of this subchapter is void as against public policy.”

Since the contract was entered into in violation of Section 2254.005, the contract is void. However, even though Corpus Christi Independent School District is fully aware of the complaints already filed and subsequent action by the Texas Board of Architectural Examiners, they continue to move forward with the execution of the design of this project.

REQUESTED ACTION:

This complaint is an official request for the Texas Education Agency to stop Corpus Christi Independent School District from implementing architectural work authorized under this void and illegal contract.

http://echalk.ccisd.us/�

Timeline CCISD New Middle School Page 1

Timeline for Architectural / Engineering Selection for CCISD New Southside Middle School: DATE: EVENT: April 4, 2011 Request for Qualifications for Architectural Services for a New Southside Middle School (RFQ# FY11-Q-0056) issued by Corpus Christi Independent School District. Signed by Brian Bray, Director for Purchasing and Distribution for Corpus Christi ISD. April 28, 2011 Submission deadline for Statement of Qualifications from architects

to Corpus Christi ISD New Southside Middle School (RFQ# FY11-Q-0056).

8 architectural firms submitted Qualifications

June 24, 2011 Notifications sent to those invited (short-listed) to participate in the

Corpus Christi ISD staff interviews for RFQ# FY11-Q-0056 – New Southside Middle School. Six interview questions were attached.

6 architectural firms were invited to interview with CCISD

staff July 14, 2011 Staff interviews with architectural firms held at CCISD

6 architectural firms were interviewed Evaluation team members comprised of Corpus Christi ISD

staff and Administrators July 21, 2011 Notifications sent to those selected architectural firms to participate

(short-listed) in the Corpus Christi ISD Board interview. 3 architectural firms were selected to interview with the

CCISD Board July 21, 2011 Five CCISD Board Members traveled to Houston with Gignac/PBK

to tour schools designed by PBK. Gignac/PBK paid for airfare and meals of those attending the tours. The trip was supposedly taken for the benefit of the Board concerning the New Southside High School. The Gignac/PBK design team made reference to elements of the tour no less than three (3) times during their interview for the New Middle School. No other firm under consideration for selection for the New Middle School was given the opportunity to host a tour of facilities which they had designed.

Timeline CCISD New Middle School Page 2

August 5, 2011 Board Interviews with Architectural Firms/Vote to Select

3 architectural firms interviewed with the CCISD Board. The Board voted immediately after the presentations were

complete. Gignac/PBK was selected by the Board. Board members voting to award to Gignac/PBK made

reference to the cost savings promised by the architects as a basis for their support.

August 22, 2011 Board approved contract for Professional Services with

Gignac/PBK for the design of the New Southside Middle School The presentations to the Board of Trustees as well their voting process can be seen on the attached DVD as it is not broadcast on the CCISD websiteby copying the following link to your web browser: http://ccisd.granicus.com/MediaPlayer.php?view_id=2&clip_id=749

http://ccisd.granicus.com/MediaPlayer.php?view_id=2&clip_id=749�

BOARD OF TRUSTEES CORPUS CHRISTI INDEPENDENT SCHOOL DISTRICT

CORPUS CHRISTI, TEXAS

SUBJECT: APPROVAL OF CONTRACTUAL AGREEMENT FOR

ARCHITECTURAL SERVICES FOR THE DESIGN AND

CONSTRUCTION ADMINISTRATION OF THE NEW MIDDLE SCHOOL

DATE: August 22, 2011

PRESENTED BY: R. Xavier Gonzalez

Chief Financial Officer Brian Bray C.P.M.

Director for Purchasing and Distribution

ACTION BACKGROUND:

On November 3, 2010, voters approved the passage of Bond 2010 initiatives to construct a new High School, Middle School and make renovations at other secondary facilities. On August 5, 2011, the Board of Trustees selected the partnership of Gignac & Associates and PBK Architects, Inc., as the most highly qualified design team and

designated the Superintendent of Schools to negotiate a satisfactory contractual agreement for future Board approval.

SUPPORTING DATA: The contract is for architectural services for the design and construction administration for a new Middle School.

FUNDING SOURCE: Bond 2010 proceeds (5.95% of the total construction cost)

EVALUATION: The selection of Architectural Services is in accordance with Government Code

2254.004 and based on demonstrated competence and qualifications. ADMINISTRATIVE RECOMMENDATION:

It is recommended that the Board of Trustees approve the contractual agreement for architectural services with the partnership of Gignac & Associates and PBK Architects, Inc. for design and construction administration of the new Middle School.

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Agenda of Special Called Meeting


A Special Called Meeting of the Board of Trustees of the CORPUS CHRISTI INDEPENDENT SCHOOL DISTRICT will be held August 5, 2011, beginning at 9:00 AM

in the Board Room, Administration Building, 801 Leopard, Corpus Christi, Texas.

The subjects to be discussed or considered or upon which any formal action may be taken are as listed below. Items do not have to be taken in the order shown on this meeting notice.

1. CALL TO ORDER

2. ROLL CALL - Establishment of Quorum

3. SPECIAL PRESENTATION(S)

A. Presentations in Support of Architectural Services for the Construction of the New Southside Middle School

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4. ACTION ITEM(S)

A. Discussion and Possible Action Regarding Selection of Most Qualified Design Team for Architectural Services for the Design and Construction

Administration of the New Southside Middle School Presenter: MR. R. XAVIER GONZALEZ and MR. BRIAN BRAY

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5. CALENDAR - This item has been added to the agenda to provide an opportunity to set dates for student and/or teacher hearings or to bring to the Board's attention other special dates.

6. FUTURE BOARD AGENDA ITEM(S) - This item has been added to this

agenda to provide an opportunity for Board Members to request the placement of agenda items at upcoming Board meetings.

7. CLOSED SESSION

A. Matters which the Board may discuss in Closed Session and upon which action may be taken in Open Session:

B. Matters which the Board may discuss in Closed Session and upon which action may be taken:

1. Legal Matters: [Government Code, Section 551.071].

a. Receive legal advice related to any listed agenda item.

b. Receive legal advice related to communications, oral or written,

received by the Superintendent, a Board Member, and/or another District employee or officer containing allegations which, if true, might subject the District to legal risk.

c. Receive legal advice related to status of pending or contemplated litigation and other legal proceedings.

d. Receive legal advice related to board policies and board operating

procedures.

2. Personnel Matters: [Government Code, Sections 551.074 and

551.082(a)(2)].

a. Matters relating to the evaluation, employment, reassignment, duties, discipline, or dismissal of various central staff personnel.

b. Matters relating to the evaluation, employment, reassignment, duties, discipline, or dismissal of various field personnel.

c. Matters relating to a complaint or charge brought against an employee by another employee.

3. Discussion and possible action relating to the purchase of real properties for Bond 2010 projects to the extent discussions would

have a detrimental effect on the position of CCISD in negotiations with third parties. [Government Code, Section 551.072]

8. ADJOURNMENT



SUBJECT: PRESENTATIONS IN SUPPORT OF ARCHITECTURAL SERVICES FOR THE CONSTRUCTION OF THE NEW SOUTHSIDE MIDDLE SCHOOL


SPECIAL PRESENTATIONS

On November 3, 2010, the community approved a bond for the issuance of

$125 million of bonds for the construction, renovation, acquisition, and equipment of high school and middle school buildings in the district.

Three (3) architect firms will present their plans and recommendations for the design and construction of the new middle school. Each team will be allowed 25 minutes to provide their presentations and 20 minutes for questions and

answers from the Board. Once an architectural firm has been approved by the Board of Trustees, the firm will be responsible for providing pre-design services, design services, construction

services, cost estimating, master planning, analysis, investigations, and studies in support of the new construction.

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SUBJECT: DISCUSSION AND POSSIBLE ACTION REGARDING

SELECTION OF MOST QUALIFIED DESIGN TEAM FOR

ARCHITECTURAL SERVICES FOR THE DESIGN AND CONSTRUCTION ADMINISTRATION OF THE NEW SOUTHSIDE MIDDLE SCHOOL


PRESENTED BY: R. Xavier Gonzalez Chief Financial Officer

Brian Bray C.P.M. Director for Purchasing and Distribution

ACTION

BACKGROUND: On November 3, 2010, the community approved the passage of the Bond 2010 initiatives for the construction of a new high school, new middle school and various

renovations to secondary facilities. On April 28, 2011, the District received Eight (8) responses to the Request for Qualifications (RFQ) for architectural services to design the new Southside Middle School. On June 9, 2011, the evaluation committee met to

conduct a matrix evaluation of the responses. It was determined that all responses will be considered for the scoring evaluation phase. After reviewing the scores, the evaluation committee selected all eight (8) respondents to participate in the staff

interview phase of the evaluation process. On July 14 and 15, 2011, staff interviews were conducted by the evaluation team. Based on scores, three (3) finalists are being recommended to make presentations to the Board of Trustees as follows:

PBK Architects and Gignac & Associates Dykema Architects, Inc. and Pfluger Assocates Architects

LaMarr Womack & Associates and SHW Group, Inc. SUPPORTING DATA:

Each design team will make a 25-minute presentation to the Board with 20 minutes for questions and answers. The Board will select the design team that demonstrates the

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greatest competence and qualifications to be successful in the design and construction administration of the new Southside Middle School.

FUNDING SOURCE: Bond 2010 proceeds (Fee will be negotiated)

EVALUATION: The responses were evaluated by Xavier Gonzalez, CFO; Dr. Janis Jordan, Assistant

Superintendent for Curriculum and Instruction; Bernadine Cervantes, Assistant Superintendent for School Leadership; Dr. Roland Hernandez, CAO; Brett Bostian, Director for Facilities and Operations; and Brian Bray, Director for Purchasing and

Distribution. The evaluation was conducted in accordance with published criteria in the RFQ and Government Code 2254.004. The evaluation committee has concluded that any of the three (3) finalists are highly qualified and would be successful in the design

and construction administration of the new Southside Middle School. ADMINISTRATIVE RECOMMENDATION:

It is recommended that the Board of Trustees select a design team for architectural services for the design and construction administration of the new Southside Middle School and designate the Superintendent of Schools to negotiate and execute a

contractual agreement.

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Texas Board of Architectural Examiners opens investigations into PBK Architects employees

By Elaine Marsilio

Originally published 06:14 p.m., September 12, 2011 Updated 07:21 p.m., September 12, 2011

CORPUS CHRISTI — The Texas Board of Architectural Examiners has opened investigations into three architects with PBK Architects, who are representatives on a two‐firm design team for CCISD’s new Southside high school and middle school.

The board received a formal complaint, signed by 32 local architects and engineers in early September naming the three PBK architects: Joel Hernández, Irene Nigaglioni and James Ian Powell. A complaint also was filed against local architect Raymond Gignac, of Gignac & Associates.

Those individuals made up a four‐member team that interviewed with Corpus Christi Independent School District trustees Aug. 5 for the selection of a project design team for the district’s new middle school, which is part of a bond approved by voters in November.

The complaint accuses Gignac, Hernández, Nigaglioni and Powell of violating the Texas Professionals Procurement Act while interviewing in a public meeting with the school board for the lead position in the design of the school district’s middle school. The complaint, which is about 90 pages, centers on an allegation of the team discussing and mentioning architect fees.

Hernández said he had received notification from the state board and plans to work with the agency.

Glenn Garry, communications manager for the state architectural licensing board, said the board opened the investigation into the three PBK Architects employees last week. The board opened an investigation into Gignac before the complaint was received.

Garry said state board policy doesn’t allow him to say what led to the open investigations into any of the four architects or if board staff initiated the investigations on its own.

Corpus Christi ISD needs to ensure faith in its bid process

By Editorial Board

Originally published 03:00 a.m., August 30, 2011 Updated 03:59 a.m., August 30, 2011

CORPUS CHRISTI — It's not unusual to overhear unsuccessful bidders on a government project complaining about a perceived or real injustice in the selection. It's less usual to see one or more of them muster the gumption to make their complaint formal, partly because filing a complaint is not without risk to the complainant.

The formal complaint by 32 local architects and engineers against the design team chosen for a Corpus Christi middle school is highly unusual, perhaps unprecedented. Without rushing to judgment, the sheer volume of complaint signers is a statement that can't be ignored. And since not all of the complainants bid on the project, they're less easily dismissed as sour grapes.

The complaint was against Corpus Christi architect Raymond Gignac and three architects with the statewide firm PBK Architects. The middle school makes seven new‐school projects awarded to Gignac since 2008 — another sheer‐volume statement that can't be ignored.

The complaint accuses Gignac and the others of violating the Texas Professionals Procurement Act by discussing fees with the CCISD board during an Aug. 5 meeting. The design team, already selected to design a new high school, offered to bundle the middle school for a $100,000 to $135,000 savings.

As one of the complaining architects pointed out, this cost savings through bundling wasn't one of the qualifications requested by the district. Had it been, it would have stacked the deck for the Gignac team because no other bidder fit that qualification.

The complaint was filed with the Texas Board of Architectural Examiners, which regulates architects but not school districts. However, CCISD, which deserves to be considered an unindicted co‐conspirator of sorts, does face risk because the architects' board has the power to void the contract.

A CCISD administrator or attorney should have spoken up as soon as the fee issue presented itself at the meeting. Trustees compounded the situation by asking questions related to the fees. If the trustees truly didn't know any better, an attorney or administrator

should have warned them. To the layperson, their not knowing any better probably seems plausible, what with all those mundane rules that have to be followed. Besides, shouldn't they inquire about potential cost savings in the taxpayers' best interest? Perhaps the trustees deserve the benefit of the doubt.

But these are experienced trustees who have approved architectural and construction contracts for several new schools. This also is the same board that should have known better than to take a quorum to the Houston area July 21 to tour schools with Gignac. That action clearly violated the Texas Open Meetings Act. It also failed the smell test because trustees traveled at Gignac's expense after he won the high school assignment but before he was awarded the middle school project.

Superintendent Scott Elliff, to his credit, later accepted responsibility for the ill‐advised trip after traveler‐Trustee Tony Diaz, to HIS credit, initiated a discussion about it during a board meeting and said he'd be more careful next time.

The trip wasn't the 32 complainants' central issue. But Caller‐Times accounts of it, including this Editorial Board's condemnation, were included as supplemental information in their complaint.

The school district may want to consider reviewing its bid processes to ensure its trustworthiness to the public and to the professionals who participate in it. The public and potential bidders need to be reassured that the best bid wins. The complainants aren't questioning the capability of Gignac and the PBK architects. If Gignac's selection is likely, that speaks well of him. However, if likelihood crosses the line into inevitability, other professionals lose their incentive to participate in the bidding and the inevitable winners lose their motivation to do their best work at their best price. Competition dies.

Corpus Christi architects, engineers file complaint against CCISD design team

By Elaine Marsilio


CORPUS CHRISTI — About 30 local architects and engineers sent a formal complaint Thursday to the state's architectural licensing board claiming that a two‐firm design team violated state law when it interviewed for the lead position in creating CCISD's new far Southside middle school.

The complaint, filed by 32 local architects and engineers, is against architects James Ian Powell, Irene Nagaglioni and Joel Hernández, all of statewide firm PBK Architects; and Corpus Christi architect Raymond Gignac of Gignac & Associates.

Those individuals made up a four‐member team that interviewed with Corpus Christi Independent School District trustees Aug. 5 for the selection of a project design team for the district's new middle school, which is part of the bond approved by voters in November.

The complaint, which was about 90 pages, was filed with the Texas Board of Architectural Examiners. It accuses Gignac, Hernández, Nagaglioni and Powell of violating the Texas Professionals Procurement Act while interviewing in a public meeting with the school board because the team discussed and mentioned architect fees.

Gignac said late Thursday he had only heard rumors of a formal complaint.

"I don't think it's fair," he said. "It's unfounded."

He referred further questions to his attorney Charlie Webb, who said he had not seen the complaint and added it would be inappropriate to comment on it until after he had seen it.

Hernández, a partner with PBK, couldn't be reached for comment late Thursday.

Representatives from firms Dykema Architects and LaMarr Womack and Associates were among the architects and engineers who signed the complaint. Those two firms were part of two separate two‐firm teams also considered for the middle school project.

Some of those who filed the complaint said a video of the Aug. 5 meeting shows the Gignac‐PBK team discussing design team savings with the school board, particularly how the

district could save $100,000 to $135,000 by hiring the team for the new middle school and the new high school. CCISD trustees already had selected Gignac and PBK in March to design the high school.

"They essentially offered to work for a lower fee," said local architect Bill T. Wilson II, who signed the complaint.

Several who signed the complaint said that video led them to believe a formal complaint was warranted.

"There was enough indication by the taped interview that all the architects feel this is a judgment the state board should make," said local architect David Richter, who also signed the complaint.

Glenn Garry, communications manager at the state architecture licensing board, said the board has an open investigation involving Gignac, but he wouldn't say when it was opened, who initiated it or what it was concerning. The board had not yet received the complaint from the 32 architects and engineers.

Gignac said he wasn't aware of an investigation.

In addition to the middle school and high school, Gignac has been awarded the architecture contract for every new school building from the 2008 bond. That's five elementary schools: Hicks, Zavala, Berlanga, Kolda and Garcia.

CCISD Superintendent Scott Elliff said he was aware a complaint was being filed against the architect team, but he wouldn't comment because he hasn't seen it.

Local architect Sheldon Schroeder said the complaint seeks to level the playing field among design professionals by raising concern that Gignac and PBK discussed fees when they shouldn't have.

Schroeder, who is president of the local chapter of the American Institute of Architects, said the complaint represents concerned design and engineering professionals such as himself and is not a move by the local architecture chapter, in which Gignac is a member.

Schroeder said other teams up for the middle school project didn't have a chance to address architect savings because it wasn't part of the qualifications the district requested.

He said he also was troubled that the school district administration, legal counsel and school board members didn't seem to understand the state law because some trustees asked many questions about potential savings.

Some trustees also appeared to cite the savings as a reason to choose Gignac and PBK instead of focusing on the qualifications that got them to the interview phase, he said.

"They no longer were adhering to their own procurement process," he said.

CCISD trustees, superintendent address trip cited by Open Meetings Act advocate as violation

By Elaine Marsilio

Originally published 10:35 p.m., August 22, 2011 Updated 05:23 a.m., August 23, 2011

CORPUS CHRISTI — Corpus Christi ISD Superintendent Scott Elliff said Monday he takes responsibility for a trip a Texas Open Meetings Act advocate called a violation of the state law.

The trip involved five trustees and Elliff taking a tour of Houston‐area schools to get ideas for CCISD's new high school.

Elliff told trustees during their regular meeting that he didn't ask the district's board attorney Philip D. Fraissinet about the trip before going because he didn't think it was an issue.

"Looking back on that, it appears we made a mistake," Elliff said.

The discussion item on Monday's agenda was posted by Trustee Tony Diaz, who said he had concerns with the tour he and four other trustees took.

The new high school design team of local architecture firm Gignac & Associates paid for plane tickets for four trustees and Elliff's flight. Board President John Longoria, who already was in the area, joined the group during the tour.

Gignac and San Antonio‐based PBK Architects representatives paid for lunch while on the trip with trustees.

On Monday, Diaz mentioned a Caller‐Times article published earlier this month that cited how the trip was a violation of the Texas Open Meetings Act.

Joe Larsen, an attorney and board member for the Freedom of Information Foundation of Texas, an open government advocacy group, said in the Aug. 16 Caller‐Times article that even though the intentions of the board members seemed good, the elected officials essentially shut out the public from a gathering involving a quorum of school board members conducting public business.

Diaz also cited an editorial that ran in the Caller‐Times after the article.

The trustees, who are elected officials, should feel obligated to address any issue that comes up, including their own actions, he said.

Trustee Carol Scott, who went on the trip, also said it was a mistake. However, she said, the trustees who went did learn a lot on the trip that can benefit them in the high school design process more than just seeing pictures or renderings.

Diaz said the trip also helped him answer many of his questions, but he will reconsider any future invitations.

"I will think long and hard before I make another trip," he said.

Longoria said trustees are together all the time at groundbreaking events, conferences and luncheons.

"I can say with all honesty this was an honest mistake," he said.

What Corpus Christi ISD calls a gray area, we call shade

By Editorial Board


CORPUS CHRISTI — Gathering ideas for what a new $80 million to $90 million Southside high school ought to be like is a worthy pursuit for Corpus Christi Independent School District officials. Touring good examples in other communities would further that end. That's what five of the district's seven trustees and other district officials did.

It seems as innocent as it is well‐intended — except that five trustees is one more than necessary for a quorum and the public was neither invited nor informed ahead of time. Those circumstances add up to a violation of the Texas Open Meetings Act.

That's the informed opinion of lawyer Joe Larsen, a board member of the Freedom of Information Foundation of Texas. His expertise isn't necessary for what any reasonably informed taxpayer could have figured out, though it sounds more authoritative when he says it. District officials sound hollow when they try to contradict it.

We're mystified that alarm bells didn't go off inside the trustees' heads during the trip, considering that they and all other elected local government officials in Texas are trained to be quorum‐conscious about bumping into each other coincidentally at the grocery store.

But regrettably, predictably, they and other district officials say they did nothing wrong and, besides, they gained lots of valuable insight that will help with the important task ahead.

The district's attorney, Philip D. Fraissinet, likened the trip to the legally acceptable practice of an entire board attending a convention away from home. Larsen points out the obvious difference that the tour's focus was specific CCISD business that they most assuredly were discussing out of the public's earshot, while a convention would deal with broader, non‐CCISD‐centric topics.

The bigger question is: Why have this debate? Why not acknowledge the mistake, apologize and discuss how to avoid it in the future, such as sending only a building committee consisting of staff and a non‐quorum of trustees on the trip? Why take the position that, essentially, the end justifies the means?

There's also the minor matter of travel and meal expenses being paid by the architect hired for the school. For him that's a wise, justifiable business expense and an accepted practice. But the district should have paid its own way — especially the trustees, who should have been conscientious about avoiding any appearance of impropriety. We doubt they could be bought for a trip to Houston and a meal at a seafood restaurant, but a lot of suspicious taxpayers are predisposed to think otherwise and, unfortunately, the trustees' actions didn't dispel that notion. Builders and architects who didn't win the contract — and who, had they won it, would have been quick to pay for the trip — also might choose to be suspicious.

The CCISD attorney asserted that this trip occurred at no cost to the taxpayers because the architect paid the tab. That is pure folly, as anyone familiar with business practices knows. All of the architect's clients, including CCISD taxpayers, absorb his overhead costs, including this expense, and there's nothing wrong with that. But to pretend otherwise is downright deceitful.

The architect thinks that if the open meetings law was violated, "it is splitting hairs." For the public's sake, we take a hard line on violations of the Texas Open Meetings Act. The law should be hard‐line and CCISD's compliance should be hard‐line. CCISD officials' assertions that they only did what's best and that, therefore, no harm was done should be a clue as to why no hair should go unsplit.

CCISD could have shown a commitment to open government by admitting its mistakes and endeavoring to correct them. Instead, the first instinct was to defend those actions. Some district officials said the question of whether they violated the law was a gray area. The grayness is of their choosing. The correct choice, within their grasp, is sunshine.

Trip some Corpus Christi ISD trustees took was a violation, Open Meetings Act advocate says

By Elaine Marsilio

Tuesday, August 16, 2011

CORPUS CHRISTI — A trip CCISD trustees and its superintendent took to Houston to get ideas for the new Southside high school was a violation of the Texas Open Meetings Act, a Texas-based open government advocacy group board member said.

District officials, however, said the trip isn't a problem, it generated ideas and they gathered information that will be discussed at an upcoming workshop.Gignac & Associates, a local architecture firm selected as part of a two-firm design team for the new Southside high school, paid for the plane tickets for four board members and Superintendent Scott Elliff estimated at about $260 each, Raymond Gignac, a principal with Gignac & Associates, said.

Five of seven Corpus Christi Independent School District trustees were part of the July 21 one-day tour of Clear Falls High School in Clear Creek ISD and Summer Creek High School and Atascocita Springs Elementary in Humble ISD.

Trustees Carol Scott, Lucy Rubio, Tony Diaz and Dwayne Hargis boarded a flight to Houston that day to get ideas for the new $80 million to $90 million high school, which is part of a bond election approved by voters in November. Board President John Longoria, who was vacationing with family in Houston, later joined them.

Gignac and San Antonio-based PBK Architects invited the board and district officials to tour schools in Clear Creek and Humble independent school districts that PBK designed within the past two years.

Gignac and PBK also were selected Aug. 5 as the architects for the new $30 million to $40 million Southside middle school, which also is part of the 2010 bond program.

In addition to the two new schools in that bond program, Gignac was awarded the architecture contract for every new school building from the 2008 bond, including Hicks, Zavala, Berlanga, Kolda and the new Garcia elementary schools.

The district didn't post the July 21 tour as an open meeting.

Even though the intentions of the board members seemed good, the elected officials essentially shut out the public from a gathering involving a quorum of school board members conducting

public business, said Joe Larsen, an attorney and board member for the Freedom of Information Foundation of Texas, an open government advocacy group.

"There's no doubt I think this is a violation of the Open Meetings Act," he said. "I don't see how it's not a violation."

Elliff said a new high school hasn't been built in CCISD in 44 years, and the area has no examples of new high school construction of similar size.

"The only way to see examples of new design approaches for instruction, security and operations would be to go elsewhere to see those examples," Elliff wrote in an email. "There was no intent to violate any law."

Many CCISD trustees and officials said they didn't think the trip involving a quorum was an issue. Some called it a gray area of the law.

Scott said the group didn't discuss what would work locally.

"We got a visual of it," she said. "It was idea generation."

Board Vice President Bill Clark said he was invited to go on the trip, but he declined because if he wanted to visit the schools he could go on his own.

"I didn't think I could bring anything to the table by me going," he said.

Diaz said he went on the tour because the more information he has, the more prepared he will be during the design process. He said he didn't think about a quorum being involved.

"I'm trying to do my job as I see it as a board member," he said.

Gignac also said he didn't think the trip would be an issue. Many competing architecture firms have told him they take full school boards on such school tours.

"If it is a violation, it is splitting hairs," he said.

Four other district officials also went on the July all-expenses-paid trip, which included a lunch at a Houston seafood restaurant, paid for by the Gignac firm and PBK, Gignac said. Both firms had representatives on the tour.

No decisions were made during the trip, district officials said.

The district will have a three-day design session this month with a committee of educators, community members, students, parents and board members, Elliff said.

This trip allowed trustees to see new construction at no cost to taxpayers, Corpus Christi ISD attorney Philip D. Fraissinet said.

CCISD board members who went on the trip viewed the tour as similar to attending a convention at which trustees discuss education issues, he said. Often at the state school board convention in Austin, board members see vendors showcasing their work or products in fields such as construction, Fraissinet said.

A school tour would make it difficult for board members to avoid discussing public business, Larsen said.

"Are they just supposed to stand there like they've been struck dumb?" he asked. "I just don't see how that's possible."

Larsen said a tour isn't like a quorum of board members going to a conference, where more broad education topics are discussed as opposed to specific information centered on one district's business. "It's not like going to a high school game," he said. "They are there on business.

"I don't think this showed very good judgment."

Even if the district did post it as a meeting, Larsen said it still would be a violation of the Open Meetings Act because the public couldn't access it.

The Open Meetings Act states a meeting of a governmental body cannot be in a location that is inaccessible to the public. Conferences and social events such as luncheons often are exceptions.Gignac said in the future the design team may ask for two or three sets of trustees to go, but it would make things more difficult when it should be simple. He didn't know if the team would consider a similar trip to gain ideas for the new CCISD middle school.

Other districts have taken board members in fewer numbers than a quorum to complete similar trips, said Joy Baskin, legal services director at the Texas Association of School Boards, a nonprofit educational organization that represents school boards statewide.

Fraissinet said the district will review any similar trip invitations to determine if there are any exceptions, if the board can send a smaller group of trustees or send none at all.

Revised 05/10/05 NOTICE TO PERSON COMPLETING THIS FORM: With few exceptions, upon request you are entitled to be informed about the information the Texas Board of Architectural Examiners (TBAE) collects about you through this form. Pursuant to Sections 552.021 and 552.023 of the Texas Government Code, you are entitled to receive and review such information. Pursuant to Section 559.004 of the Texas Government Code, you are entitled to have TBAE correct information about you that is incorrect.

TEXAS BOARD OF ARCHITECTURAL EXAMINERS P. O. Box 12337, Austin, TX 78711-2337

Telephone: (512) 305-9000 Fax: (512) 305-8900

http://www.tbae.state.tx.us

TBAE COMPLAINT FORM

Please fill out this form completely and legibly. Please print, using black ink, a typewriter, or computer.

Please note that a copy of this complaint could be provided to the individual(s) involved in your complaint.

Also, you could be called to testify as part of a formal or informal proceeding, such as a hearing or a

deposition. Complaints filed with the Texas Board of Architectural Examiners are subject to the Texas Public

Information Act. In most cases, the Board must disclose the information you provide on the complaint form

to any person who requests it, including the person against whom you are filing this complaint. If you have any concerns about the disclosure of your personal information (name, address, etc.), please contact the Board before you file this complaint form and we can discuss it with you.

Your name

See Attached List Address

City

State

Zip Email

Home phone

Work phone

Name of individual you are complaining about

Raymond D. Gignac #6296 Name of Company Gignac & Associates

Individual’s profession

Architect Address 416 Starr Street

City

Corpus Christi State Texas

Zip 78401

Email [email protected]

Work phone

361.884.2661 Home phone Web site address

www.gignacarchitects.com

Please provide the information below regarding persons who can help provide information related to the

alleged violation(s) you are reporting in this complaint:

Witness name

Address

Phone

Summary of information witness will verify:

Witness name

Address Phone


Witness name

Address Phone


http://www.tbae.state.tx.us/�

mailto:[email protected]�


Nature of Your Complaint

Clearly describe each alleged law violation separately and enclose copies of any documents from any sources which will support your allegations. Include the date the incident(s) occurred and the address of the location where the incident(s) occurred. If possible, list the number of the rule or statute that you think that the person violated.

Interview with the Corpus Christi Independent School District for A/E selection on the proposed New Middle School – August 5, 2011.

Professional Services Procurement Act Title 22; Part 1; Chapter 1; Sub-chapter H; Rule 1.147

(Attach additional sheet(s) if necessary)

I have attached supporting documentation as evidence. (Please note that in absence of supporting documentation and/or evidence, your written/verbal testimony will be necessary to substantiate your allegations.)

If not, please send supporting documents as soon as possible.

Are you currently represented by an attorney in connection with this complaint? ___No_______. If so, please provide the attorney’s name, address, and telephone number.

Attorney Name

Address Phone

Is civil litigation or criminal prosecution involving the subject of this complaint currently contemplated or in process?

If so, please explain.

No further action by complainant(s) is currently anticipated.

I HEREBY AFFIRM THAT THE ABOVE STATEMENTS ARE TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE.

See Attached Signature Date

TBAE Complaint Form – Gignac - Page 2

Please note that upon receipt of a complaint, the Board will conduct a preliminary evaluation of the matter

within thirty (30) days to determine whether allegations described in your complaint are within the Board’s

jurisdiction. Please review the statutes and rules enforced by the Board on our Web site to ensure that you

provide sufficient information and to ensure that the allegations are of a law within the Board’s jurisdiction

(http://www.tbae.state.tx.us/LawsEnforcement/StatutesRules.shtml). You may call (512) 305-9000 to request

a copy of the laws or to request to speak to someone in the Investigations Division.

No Yes

No Yes

http://www.tbae.state.tx.us/LawsEnforcement/StatutesRules.shtml�



Telephone: (512) 305-9000 Fax: (512) 305-8900


TBAE COMPLAINT FORM







Your name


City

State

Zip Email

Home phone

Work phone


James Ian Powell #15842 Name of Company PBK


Architect Address 11 Greenway Plaza, Suite 2210

City

Houston State Texas

Zip 77046


Work phone


www.pbk.com



Witness name

Address

Phone


Witness name

Address Phone


Witness name

Address Phone













Attorney Name

Address Phone





See attached Signature Date

TBAE Complaint Form – Powell – Page 2







No Yes

No Yes




Telephone: (512) 305-9000 Fax: (512) 305-8900


TBAE COMPLAINT FORM







Your name


City

State

Zip Email

Home phone

Work phone


Irene Mariette Nigaglioni Name of Company PBK


Architect Address 11 Greenway Plaza, Suite 2210

City

Houston State Texas

Zip 77046


Work phone


www.pbk.com



Witness name

Address

Phone


Witness name

Address Phone


Witness name

Address Phone













Attorney Name

Address Phone






TBAE Complaint Form – Nigaglioni – Page 2







No Yes

No Yes




Telephone: (512) 305-9000 Fax: (512) 305-8900


TBAE COMPLAINT FORM







Your name


City

State

Zip Email

Home phone

Work phone


Joel E. Hernandez #17432 Name of Company PBK


Architect Address 601 NW Loop 410, Suite 400

City

San Antonio State Texas

Zip 78216


Work phone


www.pbk.com



Witness name

Address

Phone


Witness name

Address Phone


Witness name

Address Phone












Attorney Name

Address Phone






TBAE Complaint Form – Hernandez – Page 2







No Yes

No Yes


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