Tag Archives: Ken Witt

Financial fraud in WPSD

In August of 2023, the WPSD cut a check to Merit Academy for $270,155 in money from the ESSER III grant the district received from the federal government (this was COVID relief funds). I believe this meets the definition of fraud, as I’ll outline below.

The WPSD budget for the 2022-2023 school year (fiscal year 23, or FY23) – allocated all ESSER money to be spent on the five ‘traditional’ public schools. None was allocated to go to Merit Academy.

Merit FY23 budget didn’t include any ESSER grant money (in fact, there’s only $15,273 in federal money listed)

Money moving from the WPSD to Merit Academy is documented in a monthly ‘flowthrough’ spreadsheet – these monthly spreadsheets never showed any ESSER grant money.

On 1/31/23, Merit headmaster Gwynn Pekron reached out to Del Garrick requesting ESSER grant money; she was told that all money had been allocated for FY23, and that Merit could request money in FY24 if they wished (click here to read the email exchange).

In early June, Merit Academy again reached out to the WPSD about ESSER grant money, requesting money from FY24 (as previously suggested by Del). However, the FY24 budget passed by the board on June 14th showed $858,241 in ESSER grant money, none of which was allocated to go to Merit Academy.

On June 30th, 2023, Merit Academy submitted an invoice to the WPSD requesting $270,155 in ESSER grant money. That invoice was processed and paid in August 2023 (presumably, the delay was due to the district being closed for summer break).

As Merit had not budgeted to receive any ESSER money, they created multiple ledger entries on 6/30/2023 to retroactively justify the expense of the ESSER grant money (click here).

One consequence of this process was that the WPSD started the year with an inflated grant balance, that caught up to the district in January. In January of 2024, middle school parents received an email that an after school academic assistance program was being cut immediately; we were told it was due to a lack of funds to continue the program (funds were quickly reallocated to continue this program). Data obtained from a CORA request showed the ESSER grant fund was already grossly overdrawn, and the budget for that had been slashed from the original $858,241, to now only $523,524 (that difference, $334,717, is greater than the $270,155 that went to Merit in August and is as yet unexplained).

When I asked the board of education about this, director Kimbrell told me, “We were required to include Merit in the allocation of ESSER funds but the prior staff did not include them in the FY22-23 budget even though it was against the law not to.” The CDE’s website does not support the claim that it’s against the law not to include Merit (scroll to the bottom of that link).

So in summary, the board never approved any ESSER grant money to go to Merit Academy, in either year. This substantial sum of money was allocated to be spent on the other schools. Instead of going through the proper channels of including this in a budget (which then allows the public to be aware of how this money is being spent), the district operated outside of board overview and negotiated this directly with Merit Academy. The board approved a budget for FY24 which had inaccurate fund balances as a result. The WPSD deceived the public about where this money was being spent, by not only never including it in any budget, but purposefully publishing a FY24 budget that showed money to be spent in the district that didn’t actually exist (I believe this can best be described as fraud).

There’s another side to this that warrants further investigation. Merit Academy started life as a contract school under ERBOCES, NOT the Woodland Park School District. ERBOCES awarded some ESSER grant money to Merit Academy for the previous fiscal year, FY22 (this is the $10,845.60 number you see in the general ledger screenshot linked above). The question I have is, how did the state and federal governments determine the amount of ESSER grant money to award to the WPSD? If they based this calculation on the number of pupils in the district, it’s clear that Merit Academy was not part of the district at the time of ESSER grant money calculation…did ERBOCES receive extra ESSER grant money that should have been transferred to WPSD when Merit Academy was absorbed into the district in the 2022-2023 school year?

WPSD leadership emboldened by lack of oversight

After voters rejected change last fall, and with the Colorado Department of Education handicapped by no legal authority to actually provide any oversight, Ken Witt and the WPSD board of education seem to be growing bolder, knowing there’s no real accountability in Colorado.

Recently, in responding to a single CORA request of mine, I believe the WPSD:

  • Violated my rights under CORA
  • Limited my rights to public participation in a school board mtg
  • Admitted to violating Colorado Sunshine Law
  • Issued a sworn statement that is legally incorrect

Here’s the timeline of events:

3/8 – agenda published for 3/13 regular board meeting

3/8 – board packet emailed to board members

3/8 – CORA req #617 submitted for board packet for 3/13 mtg; district sent confirmation of receipt at 3:54PM 3/12

3/13 – board mtg gets postponed one week due to weather

3/13 – 11:06AM, district sends email that for CORA #617, “These materials are not available under CORA because they are protected under the deliberative process privilege.”

3/13 – 11:32AM, I sent an email reply: “You make a claim of deliberative process privilege; I request that my rights under C.R.S. § 24-72-204(3)(a)(XIII) be respected. Per that section of Colorado law, I request “a sworn statement specifically describing each document withheld, explaining why each such document is privileged, and why disclosure would cause substantial injury to the public interest.” I also request that, per the same cited law, ” the custodian shall apply to the district court for an order permitting him or her to restrict disclosure.”

3/18 – The district sent a sworn statement signed by Superintendent Ken Witt, with these claims: “

  1. It is my opinion that the document is privileged under the deliberative process exception of CORA because it constitutes the confidential deliberations of the WPSD Board of Education which have not yet been released to the public or discussed in an open meeting.
  2. Disclosure of the document would cause substantial harm to the public interest because it would quell open and honest deliberations by members of the WPSD Board of Education when drafting, editing, and reviewing board packets prior to their public release.”

3/20 – the postponed 3/13 board mtg is held

3/21 – after several queries about the status of the district court order, I instead receive the results of my original CORA request #617. This exceeded the three day deadline the law requires them to provide a single document in. They never did get the court order as required, they just ran out the clock until it didn’t matter anymore.

Because the packet had been distributed to the board on 3/8 for use in a public meeting, it is not a protected document under 24-72-202(6.5)(c) – therefore it is subject to CORA.

I spoke in the public comment portion in the 3/20 mtg; not having access to the board packet prior to the mtg deprived me of the opportunity & right to provide comment relevant and based on information to be presented in the board meeting (knowing only general topics in the agenda).

The statements by Witt suggests a Sunshine Law violation, by saying there were ‘confidential deliberations’ outside of the public eye, that were the reason to withhold the document.

Ken Witt issues sworn statement which might violate both the Colorado Open Records Act and the Colorado Sunshine Law

The district found itself in a new position last week with a Colorado Open Records Act request. When the agenda for the 3/13/2024 board meeting went out on 3/8, I submitted a CORA request for the board packet for that meeting. These packets contain the reference materials to be presented in the board meetings; you can view the packet from the last board meeting here to get an idea. Under Colorado law requiring no more than a three-day turnaround for a request for a single document in the district’s possession, I thought this would result in me getting the board packet at least an hour before the actual meeting. Some districts make a habit out of providing board packets prior to regular meetings, as the CDE’s Board President Handbook even describes on page 12, so this request was not anything unusual.

As you know, weather prompted postponement of the meeting to the following Wednesday, 3/20. Instead of providing the board packet to me as required by law, the district sent me this message on the date the CORA request was due, 3/13:

These materials are not available under CORA because they are protected under the deliberative process privilege.

Deliberative Process Privilege is a very specific legal term, defined in Colorado law as follows:

Records protected under the common law governmental or “deliberative process” privilege, if the material is so candid or personal that public disclosure is likely to stifle honest and frank discussion within the government, unless the privilege has been waived.

C.R.S. § 24-72-204(3)(a)(XIII)

Is this a valid assertion? Colorado law section 24-72-202(6.5)(c) covers the definition of these work products, documents that would be not be accessible via CORA. In this case it’s quite clear, saying that work products specifically do NOT include:

(IV) Any materials that would otherwise constitute work product if such materials are produced and distributed to the members of a public body for their use or consideration in a public meeting or cited and identified in the text of the final version of a document that expresses a decision by an elected official.

24-72-202(6.5)(c)

These board packets are distributed to board members when the meeting agenda is sent out. In this case, that would be on 3/8. So by the time my CORA request was due on 3/13, the board packet had met the qualifications above and could not be considered a work product protected from disclosure.

Normally I’d hit a brick wall at this point, not interested in engaging in any legal action, especially for something as innocent-seeming as just a board packet that I know the district would release under CORA after the meeting has taken place. But by invoking ‘deliberative process privilege’, the district created a bit of a mess for themselves. The Colorado Freedom of Information Coalition pointed me to some very interesting information about this legal term. Colorado law (see C.R.S. § 24-72-204(3)(a)(XIII)) sets requirements for an entity to withhold documents, if the requestor knows the law and makes suitable requests. The first requirement is:

…the custodian shall provide the applicant with a sworn statement specifically describing each document withheld, explaining why each such document is privileged, and why disclosure would cause substantial injury to the public interest.

C.R.S. § 24-72-204(3)(a)(XIII)

I requested such a statement, and here is what the district provided to me on 3/18/2024:

Ken Witt is claiming that the board packet “constitutes the confidential deliberations of the WPSD Board of Education”. However, the board isn’t allowed to deliberate outside of public, unless and executive session is called. That’s what the Colorado Open Meetings Law is all about. So it seems he’s violating Colorado Open Records Law by using a violation of the Open Meetings Law as his excuse?

Woodland Park School District announces plan to consolidate elementary schools | KRDO

“We’re notified of what’s happening. We’re not given any voice in what’s happening,” she said.

The teacher explained that she fears the change will impact students the most, as the shifting environments can reduce student motivation and cause uncertainty.
— Read on krdo.com/news/2024/03/01/woodland-park-school-district-announces-plan-to-consolidate-elementary-schools/

WPSD hires new MS/HS principal for ’24-25 school year

The district has hired a new principal for the combined middle school / high school (grades 7-12) for next school year (’24-25). They chose Dr. Tory Richey, who is currently principal of The Home School Academy in D20. As its name suggests, that school “supports home school families with weekly enrichment (non-academic) programs.” Its enrollment focuses on lower grades; there are currently 173 7-12th graders enrolled there (599 total students). Exactly what makes him a great choice to lead Woodland Park’s combined MS/HS, with 789 students this year, is unclear. Note that Aaron Salt, the Woodland Park School District’s HR director, is also the president of the board in D20, where Richey currently works.

Here’s the press release:

Dear WPSD Families,

We are thrilled to announce the appointment of Dr. Tory Richey as the Secondary Campus Principal over Woodland Park Middle and High Schools, effective July 1, 2024. Dr. Richey brings a wealth of experience and dedication to education, and we are confident he will be an excellent addition to our Woodland Park Schools community.

What makes this announcement even more special is that Dr. Richey is an alum of WPHS. Also, you may remember him as he previously served as an assistant principal at WPHS from 2006 to 2009. After his time at WPHS, Dr. Richey continued to expand his career and expertise in education, including serving as the Cripple Creek Junior Senior High School Secondary Principal (2014-2016), Assistant Superintendent/Secondary Principal (2016-2018), and Superintendent/K-12 Principal (2018-2020) before taking his current role as principal at Home School Academy in Colorado Springs.

Dr. Richey is eager to reconnect with familiar faces and meet new members of our staff and families. In his enthusiasm to get to know everyone, he has expressed his intention to start working on these introductions as soon as possible. Although his official start date is July 1, 2024, he wants to ensure a smooth transition and build strong connections within our community.

Returning to Woodland Park holds a special place in Dr. Richey’s heart, as his parents still reside here. He is excited to contribute to the success and growth of our great Woodland Park Middle and High Schools and serve the wonderful community that has always been close to him.

We look forward to a bright future under Dr. Richey’s leadership and invite you to join us in welcoming him back to the Woodland Park School District.

School superintendent tries to stop interview after question about program funds

In the email, the middle school principal tells parents an after-school academic program has to be canceled because the funds used to pay the teachers have run out.

When asked about the email, Witt told News5 to cut the cameras. We did not agree to the request and kept rolling.
— Read on www.koaa.com/news/covering-colorado/school-superintendent-tries-to-cut-interview-short-after-questioned-about-program-funding

Ken Witt gets raise, bonus in new contract with WPSD

On 1/17, the Woodland Park school board voted to approve a new contract for superintendent Ken Witt. Thanks to the Colorado Open Records Act, we were able to obtain a copy to see the details of this contract for ourselves. It appears pretty similar to his current contract, with the biggest changes being an increase in salary from $155k to $170k, a guaranteed minimum 5% raise per year (which is 5% more than teachers are guaranteed), and up to 15% annual bonus. Duration of this new contract is two years.

You can read the new contract here; for comparison, check out his old contract here.

WPSD board votes to renew Ken Witt’s contract

In the 1/17/2024 board meeting, which you can watch below, the Woodland Park school board voted to renew Ken Witt’s contract as superintendent. The board did not disclose the duration of the new contract, nor did they describe what changes were made to the contract (a CORA request is pending to obtain that information). Nor did the board discuss Ken Witt’s job performance or even whether he’d be a good choice for superintendent.