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Bennet - Boasberg email trail on the Banking Derivative Swap

by: wade norris

Mon Aug 09, 2010 at 10:08:23 AM MST


This diary is serving to host a chain of emails specifially between School Board Member Jeanne Kaplan,Michael Bennet, Tom Boasberg, Theresa Pena and the rest of the school board. This is to expose the notion that the calls for an audit of the 2008 DPS banking derivative investment are being driven by 'politically motivated board members' - which the email chain below will prove to be factually wrong. In fact it appears Tom Boasberg's and Theresa Pena's  opposition to providing an audit is politically motivated to protect themselves and Michael Bennet.


I have redacted the names and emails of everyone except former Superintendent Michael Bennet, current Superintendent Tom Boasberg, school board President Theresa Pena, and Jeanne Kaplan - however the names of the other board members are in the public record.

Everyone reading this diary on other sites will be redirected here to see the full list of emails.
The purpose of the emails is to get information on details of the finances pertaining to the Bank Derivative investment by the board in April of 2008.
The time line of these emails begins a full 15 months before there was even a primary and more astoundingly, 7 months before Michael Bennet was appointed to the Senate.  

wade norris :: Bennet - Boasberg email trail on the Banking Derivative Swap
The list:

Email #1


-----Original Message-----
From: (Jeanne Kaplan)
To: THOMAS_BOASBERG@.
Cc: Michael_Bennet@;
Sent: Mon, Jun 2, 2008 4:31 pm
Subject: Judge's Ruling about funding

Tom -

How much money will we be short with the reversal of Gov. Ritter's funding plan?  What programs/schools will that affect?
What is our fall back plan?

Thanks.

Jeannie


#2

-----Original Message-----
tpena; TOM_BOASBERG@;
Sent: Sun, Oct 12, 2008 10:44 am
Subject: Executive Session

Good Morning All -

I am hoping that part of our Exec Session tomorrow will include a financial update.  If that is not part of the plan, may I request that we add that, please?

Thanks.

Jeannie

#3

-----Original Message-----
From: jskinden@
To: TOM_BOASBERG@.
Sent: Wed, Nov 19, 2008 5:14 pm
Subject: finances

Tom - can we have a quick update on District finances after or before tomorrow's meeting, including, estimated costs to date of what has been happening?  Thanks.

Jeannie

#4


-----Original Message-----
From: Boasberg, Tom
To: Pena, Theresa
Cc: Bennet, Michael ;
Sent: Tue, 25 Nov 2008 4:22 pm
Subject: FW: DPSRS-PERA merger memo
Attached please find the final report of the dispute resolution panel  regarding the methodology/pricing of the merger with PERA.

The panel had three members, one appointed by us and one by pera, with the third actuary recommended20by PERA and accepted by us.

The recommendation is generally very good.   The panel recommends one of the three actuarial methodologies that DPS suggested.  This methodology is similar to the methodology recommended by DPSRS but with one important modification that makes it consistent with one of our three proposed methodologies.  The panel does not fa vor the methodology that was our first recommendation (in large part because of the vociferousness of pera's objections to it) but that is not a major concern since all three of our proposed methodologies (including the one recommended by the dispute resolution panel) produce roughly the same result.   The key here is that the panel has rejected pera's attempts to extract a $20 million a year subsidy from dps to pera.

Pera did put pressure on the panel to recommend a different solution that is not consistent with the statute - establishing dps as a wholly separate division in=2 0pera - and the panel does recommend that approach as its first choice. The advantage of the separate division is that, since we would remain wholly separate, there would be no chance of subsidy from us to pera or vice versa.  The panel notes that the law would have to be changed for this approach to go forward. Of course, the separate division does nothing for us - it would mean no change from today and pera has said they would seek to impose a price on us for any portability.

It is no surprise that, in light of the dispute resolution panel's recommendation in favor of the dsprs/dps favored methodology, pera is now seeking to back out of going forward with the merger. Pera is now saying that they favor the separate division approach.

We will sit down with pera and other interested parties to discuss and will apprise you of next steps.

Best,

Tom

#5 (one and a half months before Michael Bennet was appointed Senator)


From: (Jeanne Kaplan)
Sent: Wednesday, December 03, 2008 11:11 AM
To: Boasberg, Tom; Pena, Theresa's External;
Cc: Bennet, Michael
Subject: Re: DPSRS-PERA merger memo

Tom - I can't open the attachment, but is it still relevant?  What is happening=2 0with the merger, since the papers indicates it is off?  Also, can we get an update on our bond situation, please?  Have we lost a lot of money?  If so, how much?  Are there ways to stop the bleeding?  When will programs/salaries/ etc. be affected?

Thanks.

Jeannie

#6

-----Original Message-----
From: Boasberg, Tom
To: Jeannie Kaplan-
Cc: Pena, Theresa's  Bennet, Michael
Sent: Thu, 4 Dec 2008 12:04 pm
Subject: RE: DPSRS-PERA merger memo

Thanks. think the attachment is of limited relevance at this point.
I think that we are going to try to spend some time at our board meeting this month talking about all these topics so we will have a chance to discuss in some detail .

Thanks.

Best,
Tom

#7

-----Original Message-----
From: jskinden@
To: (theresa pena)
Cc: (redacted)
Sent: Mon, Feb 9, 2009 8:21 pm
Subject: Lunch meeting

Theresa -

I am a little miffed as to why we canceled lunch this week.  I did not realize you were looking for topics to discuss because as usual I have a long list of things I would like for the Board to talk about. These are not just my ideas but from other Board members as well. I have tried to combine and synthesize some thoughts.

A few items:

1. Policy of school closures so we aren't repeating Rishel and Knight (even though they may have been the correct decisions, we spent so much time and angst over our other school closures, it doesn't make sense to me that we don't have a policy going forward on how we are going to make these decisions).

2. Where is the IB coordinator position?  What criteria are there?  Who is writing this?  Who is on the committee to hire?

3. CGCS report highlighting PD  - a discussion on where is our PD, is it working, how are we measuring, accountability for all the PD money we are spending

4. Smiley story

5. Decision on which KIPP program is going into which building

6. $$ where are we really with the PCOPs refinancing and bond sales?

7. How are we working with our schools to go along with school sharing?  What kinds of help, advice are we offering?

8. Where is the parental involvement piece in the SPF?

9. CALENDAR - when are we going to look at early release/late start so we can put out an official calendar?

10. #'s on dropouts

11. #'s on AP - kids  taking; kids passing

12. Enrollment projections and concerns with our new schools.

There are just some of the topics I have been concerned with and have heard other Board members share their concern, so while I know not everyone  wants to spend time discussing, I think  we need to remember we are here to benefit our kids and families.  Many of these items would involve work from the staff.  We could just start talking.

Anyhow, that's my two cents.  I think we actually have a lot on our plate at this time.

Thanks.

Jeannie

#8 (the first email after the Primary)

----- Original Message -----
From: (Jeanne Kaplan)
To: "TOM BOASBERG" ,
Cc: tpena,
Sent: Monday, April 19, 2010 12:52:10 PM GMT -07:00 US/Canada Mountain
Subject: Tonight's Conversation

All -

I am hoping that tonight will be the beginning of a conversation about the future financial reality of DPS.  As you probably know, I have been working with a group of people to try to figure out best next steps in this dire economic time.  Several of the working group will be at the work session, and they are going to present some data.

Again, I think this should be the beginning of a conversation about what we are facing.  The truth is we owe our constituents and our kids and our employees the reality of the future.

Thank you.

Jeannie


#9

-----Original Message-----
From: tpena@
To: jskinden@
Cc:  TOM BOASBERG ;
Sent: Mon, Apr 19, 2010 1:07 pm
Subject: Re: Tonight's Conversation

Jeannie-
If you are referring to the PCOPS transaction, we have had multiple presentations on the issue dating back three years and this will be the 3rd conversation the BOE will have had in the last three months.  The work session is not the appropriate place for "working groups" to present data and I will object to this strategy.  It is extremely inappropriate for you to bring "your group" because you clearly have an agenda and it is destructive and does not serve the interest of DPS nor our employees or students.  If you have legitimate questions then I would encourage you and "your group" to meet with the appropriate DPS personnel.

We have very important issues that this Board must address.  Tonight we have very important presentations on math and ELA and both will be shorter because you have insisted on another public opportunity to play gotcha with our superintendent and his team.  I'm extremely disappointed that our Board has not been discussing relevant issues that we are elected and entrusted to discuss:  the Denver Plan, curriculum, ELA are three important ones. I will become much more public with my displeasure if you keep this up.

Theresa

This an email to me, the writer explaining that last email from Ms. Pena. 'pera' is the pension program PERA and pcops is PCOPS - the swap.
#10


From:
To: ultimatepolitics
Subject: Re: emails ?
Date: Sun, 8 Aug 2010 21:24:52 -0600

The last one I sent u resulted in us NOT being allowed to present. Set for May . Only one person permitted to talk . It was on pension pera not pcops. Always happened at end of very long meeting . No open dialogue . No explanations data or accountability from Boasberg . All they have ever had to do was allow public dialogue. Never would.

Jeannie

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You shouldn't have posted this until it was complete.


Holy Toledo, Wade
Nice work putting that evidence together.

Thanks for posting this
I'm glad my colleague, Jeannie Kaplan, is being vindicated here.  She did the right thing by asking for a periodic update on the financial status of these pension transactions.  We have been pushing for disclosure, but the other side does everything possible to keep from discussing details.

This video is case in point, in which you can see how much we have to tap dance to even discuss the discussion.  You'll see how the current board president, Nate Easley, says that he will not allow the discussion that Theresa Pena refers to in email #9.




Very telling footage
This shows Andrea and Jeannie fighting to have the veil of secrecy pulled back to cast some objective sunlight on the derivative scheme for all the world to see, and their efforts are unjustly thwarted.  It's pretty obviously who's definitively acting in the public interest here, and whose actions are suspect.

[ Parent ]
I'm sorry
I don't know your board rules of conduct and I'm only really familiar with how city council's run their business and study sessions, so please excuse my ignorance.

From the video I saw above, it appears as if Commissioner Kaplan invited a subject matter expert to appear during the study suggestion.

It appeared from the video that the President had no knowledge of this invitation and that the speaker was not scheduled to appear.

I know every public meeting I have sat through has an adgenda, study documents, a list of staff and speakers that will address the adgenda items.  These are usually published at least a week before the meeting.

There was nothing in the video that showed any attempt to create a veil of secrecy.  There was nothing in the video that showed anyone trying to block transparency except an unscheduled invitation for someone to speak without proper notice to the rest of the board and the public.

It really looked like Commissioner's Kaplan and Merida attempted to hijack a study session by bringing in outside consultants without the rest of the board or staff knowing about this.

Again,if this conduct is permissable on your board or if there was advance notice of this speaker scheduled in the adgenda, I apolgize in advance.


[ Parent ]
It was on the agenda
That's why Easley brought it up.  That means we followed procedure.

It's terrible that we would even have to try to raise this issue, don't you think?  Why wouldn't it be part of a normal briefing?

A good man once said, "he who has ears ought to hear."


[ Parent ]
Again, I'm sorry
Was the expert on your agenda?

If the expert was on the agenda, I would certainly have fought to have him speak.  

If not, I don't understand why not.  It certainly seemed like you had support from at least three of you to have him on the agenda.

I agree, its a great item to have on the agenda.  I would certainly want to know the ins and outs about it if I were on your board as well.



[ Parent ]
The topic was on the agenda
We'd informed them that we would have presenters.

The governance structure brought in by Theresa Pena, previous president, was that if you have 4 votes, you can push what you want.  We had to have a fight over getting the item on the agenda, and even though three of us wanted the discussion, you saw what happened.

This is par for the course.  This is not my definition of transparency.


[ Parent ]
4 votes for a study session item seems rough
It's like voting before even discussing the issue.


[ Parent ]
You betcha.
You have captured the situation exactly.

[ Parent ]
ADGENDA
twice, wow, that is really stupid looking.

[ Parent ]
On a related note
From the Cherry Creek News

Most egregiously, Boasberg claimed that over 100 government entities in Colorado had done similar deals in Colorado over the past decade. While this contains a kernel of truth, the claim is much closer to an outright falsehood. While the base element of the DPS deal is a type of municipal finance tool called certificates of participation (much like taking out a second mortgage or home equity line of credit), the exotic elements of the deal are the fact that DPS entered into an interest rate swap and the exotic market maker/insurance agreement with the Belgian financier Dexia. What makes the deal entirely unusual is the weekly auctions- it makes the entire deal much more volatile, and creates maybe millions in additional fees for the bankers in the transactions.

Millions in additional fees for the bankers??

That makes me wanna vom.  


Let me see if I understand this
In addition to failing to pay attention to the news-- even in USA Today, for crissakes, regarding the tanking of the national casino known as the stock market and then investing our children's education in it, Michael Bennet, Michelle Pena, and the majority of the Denver School Board respond to repeated calls from the rest of the board members' calls for transparency regarding the deal with threats and diversions?



Yes.
My failure to disclose myself as a Romanoff staffer when I was addressing an issue in my capacity as a board member was blown out of proportion in retaliation for our pressure.

That's how they roll.


[ Parent ]
Gross!
What is the advantage of working hard to get elected to this unpaid position and then behaving like that? Who is the overlord they serve?  

[ Parent ]
It's for the kids in my district
My kids come from undocumented parent households, from low income and working class homes.  If they are not educated, this democracy will not work for them.  They will continue to be marginalized, and I have to give them a fighting chance.

If we can't pay for good schools because of this sort of deal, we may as well just march them off to the penitentiary right now.  It's over for them.


[ Parent ]
But there's no money to be made in the short run from a plan like that.
People are going to be MAD!

[ Parent ]
someone has to ask the question
is there some elitism and racism in this?

[ Parent ]
Most Importantly: There Is No Free Lunch
When financial instrument returns are "too good to be true," they most usually are.  The board had a responsibility to keep safe its moneys, especially those of its employees, and then to try to earn some return on them before they were claimed. From all indications, this was not done, and their fiduciary responsibility was compromised.  People need to know that retirement funds are not their money, it belongs to the vested retirees.  If there was not enough money to fund expected retirements, taxes had to be raised or the retirement plans have to be renegotiated.  Using high return, high risk financial instruments to close a gap is both stupid and irresponsible.  

Who cares?
All politicians are crooks anyway.

Like this surprises anyone.  


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