Ethics Violation Filed Concerning GCEL
To the people of
Washington State:
Someone said to me many years ago that
the denial of rights to our children with disabilities is because there is not enough
funding to support the programs needed to educate our students with
disabilities. I decided to find out
why.
Below is an ethics complaint filed
against Governor Gary Locke. In
September 2001 I filed an ethics complaint against B.J.
Wise and Dr. Terry Bergeson, which is presently being
investigated by the executive ethics board. Knowing that many of you may disagree
with my efforts to ensure that our government is held accountable for there
activities, in relation to the dispersing of our money, and may be inclined to
express your anger of my exposing the facts associated with the expenditures of
our Governor and Superintendent, I remain confident that my efforts will
benefit the people of this state by affirming to our government leaders that "all
political power is inherent in the people, and governments derive their just
powers from the consent of the governed, and are established to protect and
maintain individual rights" (Washington State Constitution Article 1
Section 1). Parents, teachers, administrators,
all civil service workers, private sector workers, all citizens of this state
must hold our government agencies' elected officials and their exempt staff
accountable for their activities. I
have and will continue to do so.
Should you feel it necessary to express
your thoughts, please share them with our Governor and Superintendent.
What follows is the body of the complaint filed by Nancy
Vernon with the Washington State Executive Ethics Board, against Governor Gary
Locke, concerning the GCEL.
I am filing a complaint against
Governor Gary Locke alleging he has violated ethics law RCW
42.52.070 Special privileges, which specifically states,
Except as required
to perform duties within the scope of employment, no state officer or state
employee may use his or her position to secure privileges or exemptions for
himself or herself, or his or her spouse, child, parents, or others.
After a review of public documents
pertaining to the Governor's Commission on Early Learning (GCEL),
created in 1998 and ending in May 2000, I believe Governor Locke used public
funds and his position to secure for his wife a highly prestigious, influential
and powerful position. Aside from
the fact that Governor Locke appointed Mrs. Locke as a co-chair to the GCEL, the GCEL resulted in the
creation of the Foundation for Early Learning making Mrs. Mona Lee Locke, the
Chair of the non-profit organization, which I believe receives
funding/donations from the Melinda and Bill Gates Foundation.
It appears that Governor Gary Locke
wrote into the 1999-00, budget proposal 2 million dollars to fund the
Commission on Early Learning, in which he appointed as co-chairs Mrs. Mona Lee
Locke and Mrs. Melinda Gates. An
email from Tom Saelid dated, May 19, 1999, states,
The legislature cut
$500,000 from the Governor's proposal which is the $2 million campaign. So what is included in the OFM budget is $500,000 free and clear and the option of
getting $500,000 more, if we raise that much privately. Therefore only a $1.5
million campaign.
The 1999-00, budget specifically
states,
$1,000,000 of the
general fund-state appropriation and $500,000 of the general fund-private/local
appropriation are provided solely for the commission of early learning. One-half of the amount
provided from the general fund-state shall not be expended unless matched by an
equal amount from private sources.
It is important to note that the
Commission on African-American Affairs received a total of $378,000 for a two-year
period and the Commission on Hispanic Affairs received a total of $441,000 for
a two-year period (combined is less than 1 million).
The December 1998 meeting minutes for
the GCEL stated,
Melinda Gates
welcomed the Commission and made a few announcements. First Melinda announced that the
Governor had originally placed one million dollars into his budget to support
the Commission's efforts. Since
then, the Governor has been able to identify another $500,000 raising the
original amount to 1.5 million. The
$500,000 must be matched with private funds. Governor's
Webpage.
Also, noted on the public documents
received, it states,
An interagency
agreement between OFM and DSHS
provided the administrative funding for the Governor's Commission on Early
Learning.
The agreement per OFM
IAA No. 670-00 was for $250,000 for one year. A contract with Cocker Fennessy was for 1 million and
then an amendment increased the amount by $500,000, with a total of 1.5
million.
At the final meeting in May 2000, it
was noted in the meeting minutes,
He [Governor Locke]
commented that most Commissions go no farther than making recommendations. The creation of an ongoing entity to
implement the Commission's findings is a unique accomplishment.
However, it is noted on the public
document I received the following:
One of the
activities of the Commission was to create the Washington Early Learning
Foundation (now renamed the Foundation for Early Learning) a 501 (c) (1)
non-profit agency.
The $500,000
private/local funding was received from the Washington Early Learning
Foundation.
I have asked the Governor's office to clarify
how a foundation, yet to be created, was able to donate $500,000 to a
commission responsible for creating the entity donating the money. I made my inquiry per an email to Robin Zukoski on January 22, 2002, and received the following
response:
The clarification
you request will be provided along with the response to your pending public
disclosure request.
The contract with Cocker Fennessy was initiated to implement the GCEL's
Public Engagement Campaign. At the
July 20, 1999, GCEL meeting it is noted in the
meeting minutes the following:
Mona then asked with the money
allotted, 1.0 million, with potential for more, where could we go?
Rick explained that they were thinking
about an A and B track depending upon the level of partnerships. One level at the
minimum the next at a more significant level.
Sheri Flies then asked what are the dollar figures for this outline – what will
this cost?
Dave explained that this would be a
minimum of 1.5 million – what the Commission has been allotted. 3.5 million dollars could sustain the
campaign over 2 or 3 years.
On July 29, 1999, an amendment to the
Cocker Fennessy contract was made by adding $500,000
more.
I have requested to inspect, if such
document exists, the public announcement of appointments to the GCEL.
My concerns are not in relation to
whether Mona Lee Locke financially benefited, as Governor Locke clarified in
our telephone conversation on January 4, 2002 that Mona donated all her time
and energy; however, the issue in question is whether Governor Locke used his
high ranking position and special privileges to establish a commission,
providing his wife the opportunity to co-chair, and then writing into the
budget 2 million dollars to support the commission's efforts, and then
creatively establishing a funding source to administrator the commission's
meetings by accessing funding from the Department of Social and Health Services
(DSHS), by way of an interagency agreement between
the Office of Financial Management and the Department of Social and Health Services
for the amount of $250,000. Also,
there was an agreement between the Department of Personnel and the Office of
Financial Management to pay for the June 1999 commission meeting for the amount
of $1500, specifically for the facilitator. There also was an agreement between the
Department of Personnel (DOP) and the Office of the
Governor stating that the Governor's office will reimburse DOP
up to $12,000 to prepare and facilitate monthly meetings of the GCEL for the August 1998 through June 1999 meetings. A final contract with Child Care
Services for consultation for the amount of $4,000 was initiated with OFM.
Is it ethical for our Governor to use
public money to fund a commission serving to promote his wife, leading to a
position as the chair of a foundation that grew out of seed monies obtained
from the taxpayers of Washington State?
Furthermore, it appears that the Foundation already existed, but was
simply renamed, and the people of Washington State paid for the advertisement
to promote the foundation, as well as fund the so-called "research"
resulting from the commission's existence.
Moreover, would Mona Lee Locke have been the co-chair of the commission
and then the chair of a renamed foundation if it were not for her husband being
the Governor, with the ability to designate the funding to support a commission
serving to create a foundation already in existence?
When filing an ethic complaint the
complainant has the choice of disclosure or nondisclosure. Believing that nondisclosure would not
serve its purpose in this situation, as I am most likely the only citizen that
has requested to inspect the public documents associated with the Commission;
however, I would like to stress that I have been threatened by two of the
Governor's staff members on two separate occasions. The first incident I was told to leave
the Governor's executive policy advisors' office and when I was unable to leave
immediately due to my seven-year old deaf and blind son exploring the
environment I was told that security would be called. My nine-year-old son was a witness to
the threat. I visited the
Governor's office with my two sons so that I could leave an in-person message
for the education policy advisor to please return or respond to my calls,
emails and letters. I had not
previously visited the Governor's office, other than an appointment with the
former policy advisor some two years ago.
The second incident involved the Governor's community relation's person. In my efforts to receive a written
response to my concerns relating to children with disabilities from the
Governor, I was informed by the community relations staff member that I was not
to be trusted and that if I continued to request a letter I would get
"nasty" letters from the Governor's attorney and staff. I have addressed these two incidents in a
letter to Governor Locke and Christine Gregoire. I also informed Governor Locke directly
in our telephone conversation on January 4, 2002, and have yet to hear of any
action taken.
My initial request to receive public
documents from the Governors office resulted in a letter being sent to me from
Leslie Frank, Governor Locke's Administrative Services Manager, that I would be
charged 15 cents a copy. I
contacted the Attorney General's office and as a result I was provided the
documents for inspection at no cost.
It is my hope that the threats,
harassment and attempts to intimidate me will not continue; however it appears
that as I continue to expose the truth of our government I will continue to be
subjected to unfavorable behavior by public officials. I share these sentiments with you as a
precaution should it continue as a result of this complaint.
All documents and letters quoted or
addressed in the complaint are attached.
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