September 12, 2013 To: Dennis Forgue, Chair, Andover School Committee From: David Birnbach, Andover School

Committee In response to your letter to me dated September 11, 2013, I received a clear set of written guidelines from the State Ethics Commission. I proactively reached out to them to get their guidance shortly after the STEAM Studio Charter School team submitted its prospectus to the MA Department of Education. I have included their response (Attachment) which I previously shared with the School Committee and Superintendent. I plan to follow the State Ethics Commissions guidelines and I will continue to advocate for what's best for all public school students in Andover. To allay concerns about possible conflict of interest, I ask that all school committee and sub-committee meetings be audio or video taped. This will ensure that there is a public record of all our discussions. Please confirm that this will happen. At school committee and sub-committee meetings where there may be a perceived Agenda Item conflict due to my involvement with the STEAM Studio Charter High School initiative, I plan to submit to the Chairperson, recording secretary, and Town Clerk a Disclosure of Appearance of Conflict of Interest Form [ G.L. c. 268A, Section 23(b)(3) ] which is a public written disclosure of my affiliation with the STEAM Studio charter school team. The purpose of this written disclosure is to eliminate any appearance that the proposed Charter School or those working on it could improperly influence my views as a School Committee member. Below I respond to the items in your letter: A. Facilities tour at Andover High School. I was invited by the assistant superintendent to attend a facilities tour of Andovers schools, which included Andover High School. After competing the tour, I sent an email to you, school committee members, and leadership team, suggesting that I not be on the Facilities Sub-Committee. This would remove any potential question or concerns with respect to my involvement. B. Regarding my participation on the Budget Subcommittee, I look forward to actively participate on the Budget Subcommittee. As Section 23(b)(2) of the law requires, I 1

plan to use objective criteria if I have to deal with any issues that affect the proposed charter school. I ask that all sub-committee meetings be audio or video taped so that there is a public record of our discussions. C. Facilities Sub-Committee - related to Andover High School Space Issues: As conveyed above, I proactively offered to not be on this sub-committee - to allay any potential questions or concerns. For the record, as Section 23(b)(2) of the law requires, I plan to use objective criteria in all my interactions with the School Committee related to space issues throughout the school system. I ask that all meetings related to school space issues be audio or video taped so that there is a public record of our discussions. D. Communications Sub-Committee: If asked by the Chair to participate on this subcommittee, I would be happy to serve. As Section 23(b)(2) of the law requires, I plan to use objective criteria if I have to deal with any issues that affect the proposed charter school. I ask that all sub-committee meetings be audio or video taped so that there is a public record of our discussions. E. Negotiations Sub-Committee: If asked by the Chair to participate on this subcommittee, I would be happy to serve. As Section 23(b)(2) of the law requires, I plan to use objective criteria if I have to deal with any issues that affect the proposed charter school. I ask that all sub-committee meetings be audio or video taped so that there is a public record of our discussions. F. Policy Sub-Committee: If asked by the Chair to participate on this sub-committee, I would be happy to serve. As Section 23(b)(2) of the law requires, I plan to use objective criteria if I have to deal with any issues that affect the proposed charter school. I ask that all sub-committee meetings be audio or video taped so that there is a public record of our discussions. G. Calendar Sub-Committee: If asked by the Chair to participate on this subcommittee, I would be happy to serve. As Section 23(b)(2) of the law requires, I plan to use objective criteria if I have to deal with any issues that affect the proposed charter school. I ask that all sub-committee meetings be audio or video taped so that there is a public record of our discussions. H. Legislative Sub-Committee: If asked by the Chair to participate on this subcommittee, I would be happy to serve. As Section 23(b)(2) of the law requires, I plan to use objective criteria if I have to deal with any issues that affect the proposed charter 2

school. I ask that all sub-committee meetings be audio or video taped so that there is a public record of our discussions. I. Contacting AHS Faculty: I take great issue with your statement you acknowledged during our meeting that you are contacting AHS Faculty on the premises of AHS to discuss the Charter School proposal, solicit their support and possible involvement. I never conveyed that to you during our meeting. It is very unfair for you to be making this claim to the Public, Committee, and Superintendent, which is completely inaccurate. I have not contacted Andover High School Faculty to discuss the Charter School proposal. On August 6, 2013 and August 7, 2013 as a courtesy I sent electronic copies of the Charter School summary to Andover High School Principal Chris Lord and Principals of the other schools. I clearly stated that I was emailing them as private citizen, not a School Committee member. I wrote that they should feel free to contact me if they had any questions or needed additional information. I also notified Superintendent McGrath that I had done so. I have not solicited AHS faculty support, nor have I sought out their involvement. Your claims are inaccurate. Given my role as a school committee member, I have consciously avoided having interactions with Andover High School Faculty. Your statement (quoted above) and claims related to AHS Faculty are not accurate. I urge you to correct your inaccurate claims to the Townsman Editor, School Committee members, Dr. McGrath, and the Andover public. I have been at Andover High School on two occasions since July: 1. August 23, 2013: I was invited to Andover High School by the Assistant Superintendent to attend a tour of the building. The only AHS Faculty member on the tour (non custodian) was Principal Chris Lord. I did not have any discussions related to the charter school with AHS Faculty during the tour. I did not solicit their support, nor did I seek out their involvement (as you claim). The only discussion related to the Charter School was at the end of the tour when in front of Principal Chris Lord and Assistant Superintendent Paul Szymanski, I said that to allay potential questions or concerns with respect to my participation in the Facilities Sub-Committee, I would send a note to the Committee and Leadership team, asking that another School Committee participate on the sub-committee instead of me as a 3

gesture to remove any potential questions or concerns with respect to my involvement. 2. August, 26, 2013. I was invited by the Superintendent (as were all School Committee members) to attend a Teachers Welcome breakfast held at Andover High. I was there for a brief period of time. I did not have discussions with Faculty or Staff members related to the Charter School; I did not solicit their support, nor did I seek out their involvement (as you claim). The only brief discussion I had was with K12 Science Program Advisor Steve Sanborn. When I entered the building, I saw Steve; wished him success this upcoming year; and updated him on the MIT BioBuilder initiative that he participated in previously. J. Contacting Merrimack College. Contrary to your statements, I have not contacted any members of the Leadership team at Merrimack College, nor have I, or any members of the STEAM Studio Charter School team had any meetings with Merrimack College officials to date. By chance (at a local restaurant) - I recently met a Merrimack College graduate student who is interested in helping explore a partnership between Merrimack College and the Charter School. There has been no progress to date. K. Communications to the School Committee: As a courtesy, I have sent occasional emails to School Committee members and the Leadership team to keep you in the loop regarding the Charter School teams upcoming public meetings and progress. I have done so as a courtesy to keep members informed. As stated several times previously, STEAM Studio Charter School would like to collaborate with the Andover Public Schools to benefit all Andover students. Best wishes for a good school year ahead. I hope we can stay focused on whats best for all of Andovers public school students. This is my 11th year on the Andover School Committee. I look forward to participating in our upcoming meetings, and will continue to advocate for what's best for all Andover students and put forth innovative, forward-thinking proposals and ideas for the Committees consideration. Kind Regards,

David Birnbach
David Birnbach Member, Andover School Committee 4

Massachusetts State Ethics Commission Guidelines

Deirdre Roney <droney@eth.state.ma.us> Date: Tue, Aug 6, 2013 at 6:39 PM Subject: Your inquiry To: dbirnbach@gmail.com Dear Mr. Birnbach, As a member of the Andover School Committee, you are a special municipal employee for purposes of the conflict of interest law, G.L. c. 268A. The following are sections of the law potentially applicable to your current situation. 1. Section 17 of the law prohibits you from appearing before the School Committee on behalf of the charter school team. In addition to not attending meetings with the School Committee on behalf of the team, you should not sign letters, applications, or any other type of submission that the team makes to the Committee, nor should you set up meetings with the Committee on behalf of the school. 2. Section 23(b)(2) of the law requires you to use objective criteria if, as a School Committee member, you have to deal with any issues that affect the proposed charter school. In other words, if you would find it difficult to put aside your views as a proponent of the school, you should abstain from participating as a School Committee member. 3. Assuming that you can be objective with respect to issues involving the proposed charter school as just described, then you are permitted to participate in them as a School Committee member. However, if such a matter comes before you, I recommend that, before participating in it, you use the attached disclosure form to make a public written disclosure of your affiliation with the charter school team. The purpose of the written disclosure is to eliminate any appearance that the proposed charter school or those working on it could improperly influence your views as a School Committee member. In the event that a charter for the proposed school is granted, you may possibly wish to serve as a member of the charter school's board. You are not prohibited from doing so, but if you do while you are still a member of the Andover School Committee, then, in your School Committee role, you will need to abstain from participating in any matters that are within the purview of the charter school. If this situation arises, I recommend that you seek further, more specific advice from this office at that time. Deirdre Roney General Counsel State Ethics Commission One Ashburton Place, Rm 619 Boston, MA 02108 (617) 371-9509 droney@eth.state.ma.us