<4" BURLINGTON —y SCHOOL DISTRICT Discrimination Based on Protected Characteristics Investigation ATTORNEY WORK PRODUCT - PRIVILEGED CONFIDENTIAL Report prepared by: Daniel K. Troidl, DBA DT InvestigatorsDT INVESTIGATORS Investigator: Daniel K. Troidl, DT Investigators Date of alleged incident(s): March 2017 ~ January 23, 2018 Complainant: Burlington School District Superintendent Yaw Obeng Accused: The Burlington School Board Witnesses: 1. Mark Porter, Burlington School Board Member and former Chairperson 2. Nikki Fuller, Burlington School District HR Senior Director 3. Liz Curry, Burlington School District Board Member Stephanie Seguino, Burlington School District Board Member Jeffrey Wick, Burlington School District Board Member 4. 5, Specific Allegation: That Burlington School District Superintendent Yaw Obeng may have been discriminated against based on racial bias. If true, this allegation may constitute a violation of federal and state statutes, and Burlington School Dis with regard to protected characteristics, specifically racial discrimination Policies INTRODUCTION At the conclusion of the 1/23/18 Burlington School District’s Board meeting, then Board Chairperson Mark Porter read a prepared statement. In Porter's statement, he recounted a conversation from the previous summer with fellow Board Member Jeffrey Wick. Porter alleged that during this conversation, Wick said, “I understand we need to hire more teachers of color, but have we gone too far in hiring district leadership of color?” After hearing the comments allegedly made by Wick, Burlington School District Superintendent Yaw Obeng, who is a person of color, expressed concern that the comments indicated a racial bias. Obeng was further concerned that this bias may have resulted in a discriminatory action against him in the form of the recent 3-year contract extension he recently signed with the district for a lower salary than he had proposed. As a result of Obeng’s concems, the Burlington School District Board authorized an independent investigation to determine the validity of Obeng’s concerns.INVESTIGATION Interview: Mark Porter, Burlington School Board Member and former Chairperson On 2/26/18, I met with and interviewed Burlington School Board Member and former Chairperson Mark Porter at his residence in Burlington, VT. The interview was audio recorded and is included as an attachment to this invest igation. The following is a synopsis of the interview: Porter advised that at some point this past summer (2017), Burlington School District Board member Jeflrey Wick invited Porter to his residence to discuss Board related issues. Porter could not recall the exact date, nor could he find any text messages or phone records that would identify when this meeting took place. According to Porter, they sat on the front lawn and had what he described as a cordial conversation. Porter advised that at one point during the conversation, Wick said to him, “do you think we've gone too far in hiring black leadership?” Porter asked, “What do you mean?” Wick responded by saying, “well, you have Yaw (Obeng), all the directors, Nicki and Sparks, and the principals (two).” Porter advised that he immediately recognized this as bigotry, but chose to just “let it go.” Porter advised that he may have mentioned it to Board members “(Stephanie) Seguino and (Liz) Curry, but otherwise did not pursue anything regarding Wick"s comments. On 11/5/18, Porter again met with Wick, this time at Porter's request. They met at Panera Bread. Porter advised that the reason he wanted to meet with Wick was because Wick had been “pretty profound on the ‘Support our Burlington Schools’ Facebook Page.” According to Porter, Wick had been making negative postings on the page about (Burlington School) District Leadership, Yaw (Obeng). Porter estimated that he and Wick conversed for approximately 3 hours. Porter advised that during the conversation, he began getting “a little steamed” over some of the things Wick said. Porter advised that Wick said that the “Diversity Now Movement was the worst thing that ever happened to Burlington.” Porter told Wick to stop posting negative comments about the Superintendent. According to Porter, he told Wick that as a Board, they need to stick together and speak as “one.” Porter told Wick that it’s perfectly fine to disagree with something, but it should be discussed within the Board, not publicly. Wick told Porter that he believed it was important for the people to know. Porter then suggested that it would be wise to be careful with what he says publicly because “listen, we all have our little peccadillo’s, you might not want to do this too much.” Porter also said that he told Wick, “Jeff, really. Things come around. If I were you, I wouldn’t go down this path anymore, going after the Superintendent, because we all have things in our past that we're not happy about.” Porter told me that he was thinking about Wick's comment the previous summer when he said this to him. Wick answered, “Well, I'd be really interested to know what you have on me, because I'm pretty transparent.” Porter advised that this conversation did not discourage Wick from continuing to post negative remarks on Facebook.Porter advised that when it came time to vote on extending the Superintendent's contract for three more years, Wick “had a problem with that.” According to Porter, Wick said that the contract would automatically extend for another year and suggested “leaving it at that.” Porter said that Wick never offered a reason why he did not want to extend the Superintendent's contract. Porter believed the only other Board member opposed to extending the contract was Kathy Olwell (Note: Board Member Davis Kirk opposed the contract as well]. At the time, Porter couldn't help but wonder why Wick did not want to extend the contract and whether or not it was related to racial bias, based on the comments Wick had made to him. While discussing the Superintendent's next contract, the Board deliberated over the idea of offering an incentive bonus rather than a flat increase in salary. The bonus would have been for a maximum of $2500.00 and would be based on the success in achieving two goals: 1) Hiring more teachers of color, and 2) Re-building the relationships with the teachers that was damaged during the last teachers strike. According to Porter, Wick opposed the bonus saying that the budget was too tight for a $2500.00 bonus. Porter found this contradictory sinee Wick had supported an additional 1% towards teacher's healthcare during the last negotiation that would have resulted in $156,000.00 out of the school budget. Porter said that Wick’s argument was that $156,000.00 out of a 94- million-dollar budget was “nothing,” yet now he was quibbling over a $2500.00 bonus for the Superintendent. This caused additional concerns for Porter about Wick’s possible racial bias. Porter did note, however that Wick was not the only Board member opposed to the bonus. Porter's recollection was that Kathy Olwell and David Kirk also stood in opposition. Porter said that they offered no reasons for their opposition, and he did not know the motives of Olwell or Kirk. Ported then added, “I think I know the motive is for Commissioner Wick.” I clarified with Porter that he believed Wicks motives were racially motivated. Porter expressed a belief that he felt it was important to offer Obeng a fair contract to reward him for what he has done and to “keep him.” According to Porter, Obeng has played an important role in turing the district’s financial situation around to the point that a million dollars a year have been given back to the tax payers. Porter was concerned that a Superintendent with Obeng’s credentials and track record of fiscal responsibility would be very desirable to other schoo! districts in need of a new superintendent. Atthe Board meeting on 1/23/18, Porter announced that he was not going to run for re- election to the Board due to the time commitment and impact on his family. At that he also decided to make public the comments made by Wick the previous summer that Jed Porter to believe Wick was racially biased. Porter advised that he did not mention Wick’s comment to him on 11/5/17, in which he said that the “Diversity Now Movement was the worst thing that ever happened to Burlington,” only because he was limited on the amount of time he had to speak. T asked Porter why he chose this manner to bring forward this information about Wick, and his answer was that he felt Wick’s comments were “so egregious” and “in the face of |everything we fight,” that he felt he had to come forward. Porter advised that he did not make any other Board Members aware of the statement he planned to make that evening. Porter advised that he had never even met Wick prior to the two of them serving on the ‘School Board together. Porter said that it is common for Board members to meet one-on-one and discuss issues related to the School District and especially so for the Chair of the Board to have one-on- one meetings. According to Porter, Wick is not the only Board member who has posted comments on the Support our Burlington Schools’ Facebook Page Porter advised that there had been an investigation a couple years ago after Nikki Fuller, Henry Sparks and Laverne Bell had made a complaint to the Diversity Inequity Committee. Porter recalled that the investigation concluded that there is “a pervasive problem with racism within your (Burlington) Schools.” asked Porter if he had concerns based on Wick’s past voting on topics, Porter said, “well, no. Actually, he was for (flying) the Black Lives Matter Flag (at the Burlington Schools).” Porter added that Wick does not, however, like discussing the achievement gap between whites and children of color. Porter said that a typical disagreement between them is Porter saying that they (the School Board) needs to close the achievement gap, while Wick argues that they need to be more challenging to those that can get ahead of the game. Porter described Superintendent Obeng as “a fine, fine man” and said that it troubles him that his family has had to endure the negative comments about him in public forums. Porter believes that itis a very positive thing that the children of color have a role model, someone they can look up to and see what they can achieve. Porter advised that the current enrollment of minorities in the Burlington School District is 14%, yet minority teachers account for only 2%. According to Porter, the Schoo! Board approved $40,000.00 in the budget for the purpose of recruiting a more diverse population of teachers. Porter said that it would have been unfair to give Superintendent Obeng an unfunded mandate and then point out that he failed. Porter explained some of the disparity in pay among comparable Superintendents around the state is a result of other Superintendents salaries having gone up since Superintendent Obeng was hired. Porter advised that Superintendent Obeng had requested more of a raise than he got, but Porter and Board Member Stephanie Seguino explained that his. proposal was more than they could offer and they eventually negotiated and settled on a lower number. Porter pointed out that several of the Superintendents listed on the comparable analysis have more time invested than the three years Superintendent Obeng has been in Burlington. Porter advised that Superintendent Obeng was given a two percent raise this most recent contract, which Porter felt was not only deserved, but ‘would hopefully help retain Superintendent Obeng and keep him from leaving for a morelucrative offer. Porter added that Wick was against the raise in pay for Obeng, yet supported giving teachers a higher percentage of pay increase during the 2017 teachers strike. This would have clearly cost the district more money than what was being offered to Obeng. According to Porter, there is a sub-committee associated with the Board called the “Diversity Inequity Committee.” The School Board Chairman appoints the leader of this group, who in tum selects other members to serve on the committee. According to Porter, this committee deals with topics such as restorative justice, where it’s failing and where it’s succeeding: disparity in punishments at the High School; the achievement gap between boys and girls, blacks and whites, etc. Porter advised that there are people who are planning to run for School Board positions with the intent of getting rid of the Superintendent. According to Porter, there are 12 seats on the Board and 8 of the 12 are currently up for election. Porter believes 4 of those & seats are likely to run unopposed while two seats are being sought by people who have been very vocal in wanting Superintendent Obeng removed, Interview: Yaw Obeng, Burlington School District Superintendent On 2/26/18, I met with Burlington School District Superintendent Yaw Obeng at his office located at 150 Colchester Avenue in Burlington, VT. The purpose of the meeting ‘was to interview Obeng regarding his allegation that a Burlington School District School Board member, Jeffrey Wick, has racially discriminated against him. The interview was audio recorded and a copy is included as an attachment to this investigation. A synopsis of the interview follows: Obeng advised that he has been employed by the Burlington School District for three years and recently signed a contract extension for an additional three years. According to beng, the position of Superintendent is hired by the School Board and added, “I am their one employee.” ‘Obeng advised that at the January 2018 meeting of the Burlington School Board, the Chairman of the Board, Mark Porter, read a statement at the end of the meeting chronicling a conversation he had this past summer with School Board member Jeffrey Wick, outside of Wick’s residence. According to Obeng, Porter recounted comments made by Wick during that meeting that related to Obeng. Wick is alleged to have told Porter that the School District already has a Superintendent of color, and asked if it was necessary to further pursue that. Obeng advised that Wick did not deny making the comments attributed to him by Porter, but stated that they were taken out of context. Obeng made no comment at that time, Obeng also advised that he was shocked and surprised by Porter's revelation and that he had no prior knowledge of what Porter had intended to say. Obeng advised that after hearing Porter’s statement, he knew he had grounds to file a Human Rights complaint, but decided to take some time to think about the situation before plotting a course of action.Obeng advised that prior to this meeting, he was aware of differences of opinion between himself and some Board members as well as between members of the Board itself. Obeng also knew that there were recent discussions about his continued. employment and compensation related to the three-year contract he just signed. During all of this, Obeng “very much trusted the Board” and always believed that the Board members were acting in good faith and that any disagreements were based on philosophical differences and the belief that they were doing the right thing in support of the School District. However, Porter’s statement caused Obeng to reflect back and question the true motives behind some of the conflict and decision-making. Obeng advised that he was happy that the Board had initiated an investigation into this matter. The day after Porter read his statement, Obeng read a quote in the Burlington Free Press that was attributed to Wick. “I hope it goes without saying that I fully support our children of color, our new Americans, our teachers and workforce.” Obeng described hearing this quote as “increasingly alarming” and noted that Wick never mentioned supporting the Superintendent (Obeng), despite the fact that he was the target of the alleged comments. Obeng advised that he was open to having a discussion with Wick, regarding the comments, but Wick has made no effort to contact him and explain his side. Wicks failure to reach out to him has caused Obeng to start considering that a bias may in fact, exist Obeng advised that of the Board Members he has worked with over the past 3 years, he has fielded more questions, by far, from Wick than any other Board Member. Obeng. advised that Wick also frequently posts his differences with Obeng on Social Media. Obeng advised that he took note of the fact that after Mark Porter read his statement about Wick’s comments, Wick never denied saying what was alleged or tried to offer any explanation. Obeng advised that he was not privy to the recent Board discussions regarding his new contract and compensation, but he does know that Wick was one of the individuals that voted “No” to Obeng’s new contract. Obeng showed me the minutes from the Board meeting when the contract was voted on. Obeng pointed out that one of the other Board members that voted “No” was David Kirk. (Note: Kirk was involved in a controversy in October 2016 after posting racially insensitive comments on his personal Facebook Page] According to Obeng, he began “connecting the dots.” Obeng advised that bias does not become discrimination until an action is taken. Obeng wondered if his recent contract and compensation was such an action. Obeng presented ‘me with a chart of comparable salaries for Vermont Superintendents. Despite being told ‘when he was hired that he was the highest paid Superintendent in the state, there are at least three other Superintendents that make more than him, Obeng also pointed out that in terms of budget, he had the most responsibility in the state. (Note: a copy of this chart is included as an attachment to this investigation]Obeng advised that he had alway’ trusted the School Board and believed that any differences of opinion were philosophical differences, not differences based on his Race. Obeng said that after hearing about Wick’s comments, he took a more critical look at things and began to wonder what role racism may have played in his recent contract negotiations. Obeng advised that he did not receive what he had asked for in terms of compensation, and now wonders if“forces that were, maybe in the room” may have used budgetary constraints as a “pretext” to giving him less money than he asked for, when the real reason was based on his Race. Interview: Nikki Fuller, Burlington School District HR Senior Director On 3/7/18, | met with and interviewed Burlington School District Human Resources Senior Director Nikki Fuller at her office located in Burlington, VT. The interview was audio recorded and is included as an attachment to this investigation. The following is a synopsis of the interview: Fuller advised that when she was in law school, she worked for Jeff Wick’s father, Jim Wick and has remained good friends with him (Jim Wick) since that time. Fuller said she knows Jeff Wick as well, but considered him more of an acquaintance. Fuller explained that Jeff Wick is approximately 10 years younger than she is. Fuller advised that she did have one interaction with Jeff Wick that may be relevant. According to Fuller, she received a call from Wick “out of the blue” during the time that he was running for the School Board. According to Fuller, Wick said that he was running for the School Board, but was concerned because everywhere he went, people were calling him a racist. Fuller advised that she was troubied by the purpose of Wick’s call because, “as an African American Woman, when somebody calls me with that kind of conversation, I’m already gonna have to tell them some bad news, which is the fact that you called me, to tell me that you want me to tell you how to not be a racist, is a problem.” According to Fuller, Wick told her that he was trying to do what was in the best interest of our kids and that he’s “trying to protect kids from the black Superintendent.” Fuller questioned Wick about what he meant by that and Wick told her that it was clear that he (Obeng) had issues, because everything he was trying to cut was the “white kids stuff: Fuller asked what “white kids stuff” he was referring to and Wick said “AP classes” INote: AP classes means Advanced Placement, a program in the United States and Canada created by the College Board which offers college-level curricula and examinations to high school students}. Fuller advised that her response was “Jeff, what does that have to do with him being a black Superintendent, and why do you assume only white kids take AP classes? My children are of color and they take AP classes.” Wick continued by telling Fuller that it seems to him that the Superintendent's focus was to eliminate things that benefitted “middle class white kids.” Fuller advised that she told Wick that saying things like that is what his problem is. According to Fuller, Wick saidthat he would like to have further conversation with her and suggested having lunch together sometime. Fuller advised Wick did not follow-up with an invitation to lunch nor did she have any intention to have lunch with him to discuss what he had said. Fuller described the conversation “weird” because “it was so ignorant.” Fuller also called the conversation “shocking” because Wicks father and other family members have never exhibited this kind of behavior around her. Fuller spoke very highly of Wick’s family (his father in particular) and said that she has remained friends with his father and that she occasionally has dinner with the family in a social setting, Fuller advised that she told Superintendent Obeng about this conversation shortly after it occurred. Fuller believes she told others as well, but could not recall exactly who. Fuller advised that her opinion based on observations is that Wick tends to be “a little nit- picky around Yaw (Obeng).” Fuller added that she doesn’t necessarily think that Board Members should agree with everything that the Superintendent presents, but it appears to her that Wick is against any proposal that is brought forth by Yaw Obeng. Fuller estimated that her conversation with Wick most likely took place in January or February of 2017 because Wick took his seat on the Schoo! Board in March of that year. Interview: Liz Curry, Burlington School District Board Member On 3/8/18, I was scheduled to meet with and interview Burlington School District Board Member Liz Curry. Curry was detained by a work related issue and was unable to meet in person. I was able to speak to Curry later this same date by telephone. The interview ‘was audio recorded and is included as an attachment to this investigation. The following is a synopsis of the interview: Curry advised that she had no first hand knowledge nor has she had any direct conversations with Jeff Wick about the School District, except for once, prior to his joining the Board, but she did learn of some of the comments he allegedly made to Mark Porter through fellow Board Member Stephanie Seguino, shorlly after the comments were (allegedly) made, Curry estimated that she heard about one of the comments this past fall, possibly in September. The first comment Curry was told about was that Jef Wick had allegedly asked Mark Porter if he thought that Burlington had too many school administrators of color. After hearing about this comment, Curry went directly to Porter, who confirmed to her that Wick had said that to him. Curry asked Porter what he intended to do about it and Porter told her that he wasn’t sure, but that he has had conversations with Attorney (Joseph) MeNeil about it. Curry learned of a second comment attributed to Wick, again through Stephanie Seguino. Curry was told that Wick had said that “Diversity Now” is the worst thing to ever happento Burlington citizens. (Note: The “Diversity Now” web site describes itself as “a Parent-community group advocating for inclusive 21st century education, invested in the success of all of Burlington's students. "] The third comment Seguino told Curry about was that Wick had allegedly told Burlington School District Human Resources Senior Director Nikki Fuller that there were too many people of color working in the Burlington School District, [Note: The information Curry provided was all second hand information. The value, however, is that according to Curry, she learned about each of the comments shorty after they were allegedly made.] Interview: Stephanie Seguino, Burlington School District Board Chairperson On 2/26/18, | met with and interviewed Burlington School District Board Member and Chairperson Stephanie Seguino at her office on the University of Vermont Campus in Burlington, VT. The interview was audio recorded and is included as an attachment to this investigation. The following is a synopsis of the interview: Stephanie Seguino advised that Mark Porter told her that Jeff Wick had made a comment to him, asking if he thought there were too many administrators of color in the Burlington School District. Porter told Seguino about the comment he alleged Wick made shorily after it occurred. Porter also told Seguino about another comment he attributed to Wick in which Wick allegedly said that “Diversity Now” was one of the most destructive things to happen to Burlington, Seguino advised that she was one of the co-founders of “Diversity Now” and that the goal of “Diversity Now” was to promote racial equality in the schools, in terms of how ‘students were treated and disciplined, as well as to advocate for hiring more teachers of color. Seguino was surprised by the comment because she couldn’t understand how a group that is focused on racial equality, could be considered by Wick to be destructive. Seguino advised that she had known about the comments Porter alleged Wick to have made for several months before Porter presented this information at the School Board Meeting (on 1/23/18). Seguino knew that Porter was struggling with what to do with that information. Seguino added that Porter did not know what the appropriate way to handle it would be. Seguino also advised that she did not know that Porter would make Wicks alleged statements public in the manner that he did, According to Seguino, she does not recall Jeff Wick saying anything or acting in a manner that would indicate a racial bias directly to her, but she has had community ‘members, one Burlington School District staff person tell her that they believe Wick has aracial bias. This is in addition to what she was told by Porter, 10Seguino advised that based on her observations, Wick has made negative comments about the Superintendent and his votes have been negative and he has inferred that Yaw beng is not the right person for the job, but never supplements that with any details. Seguino advised that it has been her perception that Wick “came to the Board with a preconceived idea and has been attempting to, you know, vote in a particular way consistent with that idea.” Seguino added that she does not see Wick engaged in discussions among the Board about what is going well, what isn’t going well and listening to each other. Seguino’s perception is that Wick’s mind is already made up and he consistently votes a particular way [Notes much of the value in Seguino's interview was the contemporaneous information relayed to her from Porter regarding comments made by Wick] Interview: Jeffrey Wick, Burlington School District Board Member On 3/27/18, I met with and interviewed Burlington School District Board Member Jeffrey Wick at his attorney’s office in Burlington, VT. Also present for the interview was Wick’s Attorney, Brooks McArthur. The interview was audio recorded and i included as an attachment to this investigation. The following is a synopsis of the interview: Wick advised that he did have a meeting with Mark Porter on one occasion last summer. Wick believed it was he who had initiated the meeting, but did not recall the exact date when they met, Wick advised that they spoke about matters related to the School Board. Wick referred to them as the “issues of the day.” Wick was asked if he made the comment “do you think we've gone too far in hiring black leadership” to Porter during this meeting. Wick denied making the comment, Wick advised that he believes “Mark Porter has been very antagonistic towards me since I've been on the Board. I think it's fair to say we've been adversaries, We don’t necessarily see things the same way.” Wick continued by adding that they have clashed over issues that include teacher/contract | negotiations. Wick advised that he has also objected to a number of things that Porter has put into Executive Session that Wick believes should have been in open session, Wick said that one of the reasons he invited Porter to his home that day was to discuss issues and hopeflly find some “common ground.” One of the issues that was discussed was Burlington School District’s diversity hiring. Wick advised that during this discussion, he “contrasted that we've done a great job at the leadership level, in terms of hiring people of color, but that we, frankly failed, an incredibly poor job in the schools, in hiring teachers and others of color. And nobody can, nobody can dispute, that’s just a fact.” Wick advised that he had no idea that Porter had planned to say what he did at the January School Board Meeting. Wick referred to it as “a public attack” and added that it was “humiliating, and embarrassing and inaccurate.” 1Wick was asked about comments he made at the end of the School Board Meeting (captured on a video/audio recording of the meeting) in which he called Porter's comments about him as “score settling” and “distorted.” Wick was also asked about quotes attributed to him in a Burlington Free Press article about the meeting calling Porters comments "score-settling, gratuitous, false and slanderous.” Wick confirmed that these quotes were in fact, made by him. Wick advised that his quotes were based on threats Porter has made to Wick in the past. According to Wick, Porter has threatened to “take me down before, if I didn’t essentially vote with them and think like they did.” Wick advised that Porters threat was made at another meeting that the two of them had at Panera Bread, Wick advised that Porter “made it very clear that, you know, he kind of wanted to remind me, that he could hurt me. Not physically but, my assumption was reputationally [sic] or damage me.” Wick advised that Porter told him he keeps an “enemy list.” Wick presumed from this comment that he was probably #1 on that list. Wick spoke about how Porter ran the Board as Chairman and what his expectations of other members was. Wick advised that after getting elected to the Board, he received an email and phone eall from Porter. Wick was told by Porter that he could not speak to any School District Official without his consent and Yaw’s (Obeng) consent. Wick referred to the way Porter Chaired the Board as “militaristic.” Wick felt like Porter believed that he was “the leader” and that everyone else was “second class Board Members that must follow his lead.” ‘When informed that during his interview related to this investigation, Superintendent ‘Yaw Obeng said that he (Wick) has not reached out to him in an effort to defend himself against Porter's assertions, Wick said, “That’s not true...” According to Wick, he approached Obeng immediately after the meeting and said “Yaw, ooh, I'm so sorry that, that happened. I said, that’s not true, I didn’t say that.” [Note: At this point of the interview, I advised Wick that I wanted to discuss a second ‘meeting he had with Mark Porter at Panera Bread on 11/5/17. Attorney Brooks Medrthur objected, on the record, to any questions related to this meeting believing that it was beyond the scope of the initial complaint. I advised Wick and Auorney McArthur that the information Thad learned about the 11/5/17 meeting would be in my final report and I offered to read them the questions and give them time to privately discuss whether or not to respond. Upon returning to the room, Wick agreed to respond to the questions regarding the 11/5/17 meeting despite his Attorney's objection to the scope of the questions and his advise 10 Wick to refuse to answer.) Wick confirmed that he did, in fact, meet with Mark Porter at Panera Bread on 11/5/17. Wick advised that the meeting pertained to School Board matters and that they attempted to find some “common ground” and “hash out issues on which we disagree.” Wick recalled that one of the specific topics they discussed was a Facebook Page called “Support our Burlington Schools.” Wick advised that the “Support our Burlington Schools” is a Burlington Community Page with approximately 1100 users, that includes 12teachers, parents and School Board members Wick advised that he knows that the existence of this Facebook Page has “really bothered Mr. Porter.” Wick advised that Porter's issue with his use of the “Support our Burlington Schools” Facebook Page was a post to this page by Wick in which he called for new (Burlington School) District Leadership. Wick advised that he did not name Yaw Obeng, nor was he implying that he meant Yaw Obeng. Wick explained that this past year, the Board voted to exercise the “nuclear option” of imposing a contract on the teachers. This action resulted in the teachers exercising their “nuclear option,” which is going on strike, Wick advised that he was the lone dissenting vote in imposing a contract on the teachers. According to Wick, this was the second year in a row that things got to this point, but fortunately, a strike was averted a year earlier. Wick advised that when he called for new District Leadership, he was primarily referring to “the Boards leadership.” Wick advised that he has stopped using and posting to this Facebook Page because he believes it has become “more toxic than beneficial.” {Note:The “Support our Burlington Schools” Facebook Page is a private page and users must be added to make or see other posts. The administrator of the page is James Holway. Isent a request to Holway to be added as a user, however my request went unanswered. ] Wick was asked if during this meeting with Porter, did he say that “Diversity Now” was the worst thing to ever happen to Burlington, Wick answered, “No. That sounds like hyperbole. No.” Wick was then asked if he said anything like that. Wick answered, “T don’t think so, nor do I believe it (asked to clarify, Wick said that he did not believe that “Diversity Now” was the worst thing to ever happen to Burlington and he did not believe he said that). And I'm only vaguely familiar with what that organization is and does, ‘And I don’t even know if it still exists.” Wick was asked if he recalled Porter telling him during this meeting that he did not think it was wise to state your personal opinion on school business and that opinions of the Board should come from the Board as a whole? Wick advised that this has been a familiar theme and debate amongst the Board as to what right individual members have to express their own opinion, even if it differs from other Board members. It is Wick’s impression that the way Porter runs the Board, “everyone must be in lockstep and if you aren't, you're bad, you're ostracized.” Wick also advised that he has objected on numerous occasions to what he believes are “legal executive sessions and, umm, lack of description and disclosure of what we're going into executive session for, umm, and frankly, on a number of occasions Mr. Porter has, umm, refused, ahh, well not only he, but I've also asked through the appropriate channels, the Superintendent, for certain documents that I, as a Board member, am entitled to, umm, and they have refused to give them to me.” Wick advised that during the 11/5/17 meeting, Porter said to him (paraphrasing), “Jeff. Why do you think we treat you like this? Why do you think we don’t give you documents or answer your emails? Because you won't go along with us.” Wick advised that he believed Porter was 13attempting to beat him into becoming a “conformist.” Wick believes that he has the right, when speaking on his own and not on behalf of the Board, to be critical of Board decisions and Board tactics. Wick was asked if Porter warned him during their meeting at Panera to be careful about what he says publicly, because everyone has things in their past. Wick advised that this did occur and referred to it as “blackmail.” Wick felt Porter was implying that you go along with him and other Board members, or you're in trouble. Wick advised that he was taken aback by Porter's comment and that he had no idea what Porter was talking about. Wick recalled being shaken after this “threat.” Burlington Superintendent Yaw Obeng recently agreed to a 3-year contract extension that was presented to him by the School Board. Prior to this, the Board voted on whether or not to offer this contract. Jeff Wick was one of three dissenting votes. There were nine Votes in favor of the contract, so the majority ruled. Wick was asked why he was not in favor of the contract extension for Yaw. Wick offered the following reasons: 1. Wick advised that Obeng’s initial 3-year contract was scheduled to expire on 6/30/2018. However, the contract had a clause that if a new contract wasn’t offered, the existing contract would remain in effect for another year. advised that this clause had already been triggered, so Obeng was under contract, for another year beyond 6/30/18, For this reason, Wick felt it was premature to offer a new contract. 2. Wick advised that he had issues with the process and secrecy of this issue. Wick advised the topic was only discussed in Executive Session and that any mention of extending the Superintendents contract in the minutes of the meeting was vaguely worded so that nobody knew what they were doing. Wick advised that he felt that “there was an intent not to involve teachers, parents, the public, or any of that in the process of evaluating the Super(intendent), which was the step right before extending his contract.” Wick advised that he did speak up about his concerns that the process was not public or transparent and received some degree of agreement from Board members. Wick advised that after this, several Board Members discussed the contract renewal on “Front Porch Forum.” 3. Wick advised that he is opposed to offering performance based, financial bonuses to Superintendents in a public school system. Wick’s mindset is that the Superintendent is well compensated to do his job, and that the Board should outline what their expectations are. It is then up to the Superintendent to do his best to meet those expectations. Wick advised that related issues include measuring the level of success to qualify for a bonus and the subjective nature of making that determination, 4. The final reason that Wick mentioned, was his concer about responses to a questionnaire that the Board sent to the Superintendent's subordinates that was used, in part, to complete Yaw Obeng’s performance evaluation. Wick advised that there were negative comments about Obeng’s management style, leadership style, treatment of employees, etc. Wick added that there is a culture of fear within employees of the school district who are scared to speak up for fear of 14retaliation and retribution from Obeng. Wick advised that he is frequently approached by employees of the school district, in strict confidence, who are in fear for their job but ask for his assistance in dealing with an issue. Wick advised that he will look into the issue by contacting sources he deems trustworthy, and the complaints generally check out. [Notes At this point of the interview, I advised Wick that I wanted to discuss a telephone conversation he allegedly had with Burlington School District Human Resources Senior Director Nikki Fuller around the time he was running for the School Board (approximate time frame: January-February 2017). This was another line of questioning that Attorney Brooks McArthur believed exceeded the scope of complaint and the School Boards Resolution to authorize an investigation. Once again, I read the questions Iwas Intending to ask and gave them an opportunity to privately discuss whether or not to respond. Upon returning to the room, Attorney McArthur went on the record to note, once again, that he believed the forthcoming questions exceeded the scope of the School Boards Resolution and investigation. Auorney McArthur advised that despite his advise, Jeff Wick wanted to answer the questions.) Wick advised that he has known Nikki Fuller for years. He advised that they are both attorneys and that Fuller used to work at his family’s law firm, prior to him joining. ‘k advised that he also knows Fuller from his role on the School Board and her role as Director of Human Resources. Wick remembered making a telephone call to Fuller, but believed it was before he was running for the School Board. Wick described himself as a “parent advocate” at the time. Wick advised that in early spring of 2016, people in Burlington, including himself, were very upset about the cuts, and the “Support our Burlington Schools” Facebook Page was just getting started. Wick was particularly upset about cuts to school programs. Wick advised that he believes his first post to the “Support our Burlington Schools” Facebook Page was titled “excellence and equity.” Wick further advised that there was a “tension among some who believe you can’t have, you know, excellence if you will, a rigorous educational system that serves the needs of all kids, umm, if you're going to have equity.” Wick reiterated that his stance is excellence AND equity. According to Wick, his post “blew up” with comments, both pro and con. Wick advised that he was surprised to learn that this was such a polarizing topic. According to Wick, people began calling him racist as a result of his post. Eventually, Wick did call Nikki Fuller and asked for her thoughts. According to Wick, Fuller's response was something to the effect of “I was waiting for you to call me.” Wick advised that he and Fuller discussed his post. Wick advised that he was shocked to find out from Fuller that the word “excellence” is a code word for racism. According to Wick, his goal is to do what is in the best interests of the students, “All students, every student, from every socio-economic background.” Wick denied ever saying to Fuller that he was trying to protect kids from the black superintendent. Wicks response was “God no, No. A firm no.” 15Wick did not recall telling Fuller that he had any specific issues with Superintendent Yaw Obeng, but does know that he had some problems with Obeng's decision on specific cuts to school programs. Wick suggested that if he did mention any issues about Obeng to Fuller, they would have been performance related of decision related. Wick admitted that he was definitely concerned about cuts to some of the AP (Advanced Placement Programs), but called it “absurd” that he would have referred to these classes as “all of the white kids stuff.” Wick advised that he is an advocate of AP classes and Honors classes for every child, Wick disputed the notion that if you're an advocate for AP and Honors classes, that you're not an advocate for equity. Wick added that equity an understood term in the school district meaning fairness for every child, from all soci economic backgrounds and all different ethnic and racial backgrounds. ‘When told that Fuller said that he referred to AP classes as “white kids stuff,” Wick said that he felt that this was an “unfair characterization” of his concerns, Wick advised that his point is that AP classes need to be kept for all children, no matter what their background is.” Wick did concede that one of the legitimate criticisms of AP and Honors classes is that there is not enough representation from different socio-economic backgrounds. Wick did not believe his voting record, as a member of the School Board, is indicative of any displeasure in the job Yaw Obeng is doing as Superintendent. To the contrary, Wick said that he is proud of the job Obeng has done. Wick advised that he has expressed some reservations about certain things, but he recognizes that the Superintendent's job is a difficult one and that nobody in that position could be expected to be perfect. Wick added that he has a “great deal of respect for Yaw (Obeng).” Wick advised that he may have voted against the new contract for Obeng, but he is “fully on-board with working collaboratively with (Yaw) for the next three years, at least.” Wick was asked if he believed that having a person of color, as the Superintendent in Burlington is a mistake, to which he replied, “No. Absolutely not.” Wick was given an opportunity to add anything he thought was important at the end of the interview. Wick advised that he found it concerning that Mark Porter made the attack ‘on him at the end of the Board meeting in the manner that he did. Wick advised that it his opinion that the School Board has done a great job at the leadership level of hiring people of color, but believes they could do much better at the teacher level. Wick advised that he does not believe they “have gone to far.” What he believes is that “we haven't gone far enough.” Wick added that the divisiveness happening in the Burlington School District over issues like this is “unfortunate” and “sad.” Wick believes that “we all need to come together, we've all got the same interests at heart.” Burlington School District Board Policies: The Burlington School District Board Policies state, in part: 164.5 Board Member's Code of Conduct: The Board commits itself and its members to cthical and lawful conduct, including proper use of authority and appropriate decorum when acting as Board members. 1. Members must demonstrate loyalty to the District, uncontficted by loyalties to staff, outside organizations, or any personal interests as Parents ot Guardians. 2. In order to comply with the obligations thus imposed, the Board and its members will adhere to the following standards: (©) A Board member will do nothing intended to leave the impression that his or her Position on any issue can be influenced by anything other than a fair presentation of all sides of the question. 4. Members will support the legitimacy and authority of the final determination of the board on any matter, irrespective of the member's personal position on the issue. A 4: Burlington School District Equal Employment Opportunity and Non- Discrimination Policy The Burlington School District Equal Employment Opportunity and Non-Discrimination Policy states in part: --the District will not discriminate against employees and/or applicants for employment, students or other designated beneficiaries of the statutes listed below on the basis of race, sex, gender (including but not limited to pregnaney and parental status), color, age, creed, religion, disability, handicap, ancestry, place of birth, national origin, marital status, political affiliation, sexual orientation, gender identity or gender expression in any of its employment and education practices, policies, procedures or decisions or in the operation of, access to, participation in, benefit of or admission to its programs, activities, services and facilities and that it will provide equal access to the Boy Scouts of America and other designated youth groups in compliance with and to the extent provided by the laws listed below. Vermont Statute 21 V.S.A, § 495 Vermont Statute 21 V.S.A. § 495 states, in part: (@) It shall be unlawful employment practice, except where a bona fide occupational qualification requires persons of a particular race, color, religion, national origin, sex, sexual orientation, gender identity, ancestry, place of birth, age, or physical or mental condition: (1) For any employer, employment agency, or labor organization to discriminate against any individual because of race, color, religion, ancestry, national origin, sex, sexual orientation, gender identity, place of birth, or age or against a qualified individual with a disability; 17Title VII of the Civil Rights Act of 1964 ‘The following is an excerpt from Title VII of the Civil Rights Act of 1964 that is relevant to this complaint and investigation: Unlawful Employment Practices SEC. 2000e-2. [Section 703] (a) Employer practices: It shall be an unlawful employment practice for an employer - (1) to fail or refuse to hire or to discharge any individual, or otherwise to discriminate against any individual with respect to his compensation, terms, conditions, or privileges of employment, because of such individual's race, color, religion, sex, or national origin: or 2) to limit, segregate, or classify his employees or applicants for employment in any way which would deprive or tend to deprive any individual of employment opportunities or otherwise adversely affect his status as an employee, because of such individual's race, color, religion, sex, or national origin Burlington Superintendent Salary Analysis A document dated 11/21/17 and authored by Stephanie Seguino (School Board Member and Economies Professor at the University of Vermont), is a comprehensive comparative analysis as a basis to determine how much of a pay increase to offer the Superintendent in the next 3 year contract. As noted earlier, a copy of this report is included as an attachment to this investigation CONCLUSION At the conclusion of the 1/23/18 Burlington School District's Board meeting, then Board | Chairperson Mark Porter read a prepared statement. In Porter's statement, he recounted a conversation from the previous summer with fellow Board Member Jeffrey Wick. Porter alleged that during this conversation, Wick said, “I understand we need to hire more teachers of color, but have we gone too far in hiring district leadership of color?” During his interview as part of this investigation, Porter spoke of another meeting with Wick that occurred at Panera Bread on 11/5/18. During that meeting, Porter alleges that Wick said that the “Diversity Now Movement was the worst thing that ever happened to | Burlington.” Stephanie Seguino, one of the co-founders of “Diversity Now,” explained that the goal of “Diversity Now,” was to promote racial equality in the schools in terms of how students were treated and disciplined, as well as to advocate for hiring more teachers of color. Burlington School District Human Resources Senior Director Nikki Fuller advised that 18she received a phone call from Wick, prior to him becoming a Board Member, seeking advice. According to Fuller, Wick had concerns that there are certain people that viewed him as a racist. Wick would later confirm making this phone call and explained that he was seeking advice regarding a social media post he authored titled “excellence and Wick advised that a number of people viewed his post as racist. During thi conversation, Fuller recalled Wick making a comment that he was “trying to protect kids from the black Superintendent.” Fuller also recalled Wick complaining that everything Obeng was trying to cut was the “white kids stuff.” Fuller asked what “white kids stult” he was referring to and Wick said “AP classes” [Note: AP classes means Advanced Placement, a program in the United States and Canada created by the College Board which offers college-level curricula and examinations to high school students]. Both Porter and Fuller told others about these alleged comments contemporaneously to when they were made, which adds some level of credibility. It also makes any collusion against Wick an unlikely scenario, It should be noted that Wick strongly denies making the quotes attributed to him. Wick admitted that the above conversations took place but is adamant that both Porter and Fuller recount the conversations and portray his position inaccurately. During his interview for this investigation, with Burlington School District Superintendent Yaw Obeng, who is a person of color, expressed concern that his recent contract negotiation may have been influenced by racial prejudice. Obeng advised that the contract he signed was for less than the proposal he had put forth. Obeng originally believed that the contract he signed was offered in good faith, but after hearing the Comment that was attributed to Jeff Wick, Obeng began “connecting the dots.” Obeng pointed out that Jeff Wick was one of three Board Members that opposed his most recent contract offer. In addition, one of the other dissenting Board Members was David Kirk, who was involved in a controversy in October 2016 after posting racially insensitive comments on his personal Facebook page. Obeng also pointed out that Wick has frequently aired his difference with Obeng via social media The purpose of this investigation is to attempt to determine if Yaw Obeng has been discriminated against based on a protected characteristic (age. disability, gender reassignment. marriage or civil partnership, pregnancy and maternity, race, religion or belief, sex). As Obeng himself pointed out during his interview, bias does not become discrimination until an action is taken, Obeng offered his recent contract as the action that was taken as the result of a racial bias against him. According to Mark Porter. Stephanie Seguino had compiled a comprehensive salary study that was used to help determine what the Board believed to be a fair salary and contract offer to Obeng. Seguino would later provide a copy of her analysis for inclusion in this report. Porter advised that the negotiations with Obeng involved the Board making, an initial offer to Obeng, who then countered back. The Board adjusted their offer and both sides were able to come to an agreement. The agreement, per new paper reports, taised Obeng’s salary by $6,255, from $154.836 to $161,091 19It was clear from Seguino’s salary analysis that a significant amount of work went into trying to determine a fair salary increase in Obeng’s next contract with the district. There Was negotiation between the Board and Obeng that resulted in an agreement being reached. The Board approved the contract 9-3, Superintendent Obeng has signed the contract, which carries a term of 3 additional years (7/1/18 — 6/30/21). Consequently, even if any form of racial bias was present in the mind of any school Board Member (which cannot be definitively established on the record here because of equally fervent assertions and denials), there is no credible evidence that such bias has manifested itself in the form of illegal employment discrimination. This is because there has been no adverse employment action being taken against the complainant on the basis of protected characteristics. Of course, all Board Members and District staff members should be continuously’ vigilant to make sure that this does not occur into the future LJ, eet!) Wile Daniel K. Troidl Date 20