Hiring an Architect

Hiring an architect, one of my favorite subjects since I am an architect. The state of Texas is very clear about the process for hiring an architect or an architectural firm. You must base your selection on the qualifications of the firm, not the fee. Even though this legislation has been around for years, we still get asked (not often) what our fee is during an interview. We respectfully decline to answer that question because I could have my license revoked if proven to have violated the regulation. I always suggest to get an architect engaged as early as possible for a project. Even to the point of site selections as their expertise can be very valuable in helping determine if a site is feasible or not for your school. To start, determine what it is that you want the architect to do. There are many services that an architect can perform and you need to be specific in your Request for Qualifications (RFQ) about what it is you need. For example, you might need a facility study done on a bldg that you are considering renovating. You might want a master plan designed for a new campus, or a site analysis for several plots of land. Ask in the RFQ for examples of work that are similar to your needs, who the team will be that will be working on your project. Make sure to ask that question in the interview so that you understand if the team interviewing is the team that will be working with you. You will most likely get multiple responses to the RFQ so develop a process to cull the number down to the top 3 or 5 firms and invite those firms to interview. The selection committee may want to go tour some campuses that have been designed by the firms you are most interested in. Always check references. Call past clients and also check with the General Contractors that have worked with these firms. Finally, make the selection based upon the qualifications of the firm. Then you can negotiate a fee with the most qualified firm. If you can't negotiate with your number 1 selection, then you go to the second firm and so on. Remember, you can be engaged with an architect for quite a while, the entire design and construction process can encompass any where from 1 to 4 years. You want to be certain it is someone you can trust and work with for an extended period of time. Michael King AIA

Bond Ethics -FAQ's - Part 3, Final

We have had some great discussions about bond issue ethics and what you can say and do during the bond election processes. This final blog of FAQ's asks some good technical questions so read carefully and see if you can answer them before I give the answer. Question #7 - The Public Relations Director of the School District has given the Superintendent a bond brochure to approve before it is put in the mail. The brochure is factual in content and also contains the words such as: Needs, Best Solution, Maximize, Important, Horrible Shape, Protect, Fantastic, Enhance, Benefit. Are these terms ok to use and if not, how should they be changed? Answer #7- No, these words are not ok to use in a school district published brochure. Under Section 255.003 of the Election Code, an officer or employee of a political subdivision may not spend or authorize the spending of public funds for political advertising. A person who violates this section commits an offense. An offense under this section is a Class A misdemeanor. The needs of the district can be displayed by making the following types of information available: Growth Rates, Performance Data, Tax Rate Effects, Identify Proposed Projects, Polling Places, Student Capacity, Age or Condition of Facilities, Costs of Projects and Voter Registration Information. Question #8- A bond election has recently been approved by voters in the District. However, one of the citizens is not happy with the results and is threatening complaints to the Texas Ethics Commission and is suggesting he will get the results of the election overturned. If he does follow through and make the complaint, what should be expected? Answer #8 -If a complaint is filed against anyone with the Texas Ethics Commission, you will have an opportunity to respond. The Texas Ethics Commission has no authority to overturn the results of an election. A citizen must file with the District Court charging that the violation would have altered the results of the election. Question #9 - You and a couple of your friends are thinking about forming a Special Purpose Political Action Committee in support of the upcoming bond election. You have not filed your paperwork, however you would like to get ahead of the game by pre-purchasing advertising space for every week during the election. The cost for the advertising space is $1500. Can you do this? Answer #9- No, any GROUP wishing to form a Special Purpose Political Action Committee may not spend or collect more than $500 before filing for Appointment of Treasurer. All Political Advertising must include the name of the group paying for the ad and it's Treasurer. As always, if you have a question about what is right or the correct way to phrase something that will be going in your brochure, you should run it by your district's counsel. We have even tried asking the Ethics Commission to rule on some phrases before it is printed and they have denied previewing the verbiage. It is best to err on the conservative side when publishing district material in order to avoid the embarrassment of having a newspaper article coming out that the district violated some ethics rules. That is never good for trying to get a bond issue passed.

Bond Ethics - FAQ's, Part 2

Continuing the discussion regarding ethics in bond issues, here are three more 'Q and A's'; Question 4- A member of the "Invest in Education" Political Action Committee (PAC) would like to place a flyer in the teacher mailboxes advocating the passage of the upcoming bond election. The PAC would send a volunteer to the District to place the flyers into the mailboxes so that no employee time would be used to hand out the flyers. Is this allowed? Answer 4 - No, see Ethics Advisory Opinion #45. Advocacy literature produced by proponents or opponents cannot be distributed or available on property owned by the political subdivision, even if equal access is allowed to both sides. Question 5 - The District is about to call a bond election and a member of the planning committee suggests structuring early voting locations to coordinate with school events. For example, he would like to see early voting at the football stadium right before the big game. Is this allowed? Answer 5 - Early voting or Motor Voting, must be held in a permanent structure located within the boundaries of the District. So if the hope was to have a voting place in a portable bldg set up at the football game, this is not allowed. The decision for early voting locations is truly a personal/political call for the District to make. Some people may view these locations as contrived. Others may view it as giving the community a more convenient voting location. Question 6 - A couple of Board Members have approached you about placing 'vote yes' yard signs printed by the Political Action Committee in their yards. They would also like to give pro-bond presentations at some local organizations which they are involved in. What should you tell them? Answer 6 - It is perfectly legal for Board Members to get involved in the campaign as long as they are not using political advertising that they produced using District materials or resources. Board members are elected officials and not paid members of the District and are usually expected to be political figures in the community. In this case, the Board members were using materials produced by the Political Action Committee. Question 6 probably raises more questions than just the facts that I have stated. Public perception comes into play here. You would be wise to evaluate your own community and how they would view this situation. The truth is that Board members are community members and can advocate for the passage of the bond or the defeat of the bond as is sometimes the case. I will say if the latter is the case, the chances of you passing your bond issue is greatly diminished if all the board members are not for the passage. Michael King AIA

Bond Ethics - FAQ's

The next series of blogs regarding Bond Election Ethics will be in the form of frequently asked questions that we have compiled through our experience with assisting in school bond elections. These questions assume that you are the Superintendent of the school district and these questions are being asked of you. Of course the safe answer would be that you should always check with your legal counsel, but a general knowledge of the ethics rules will help you stay out of trouble. Question 1 - The District is about to call for a bond election. The School Board President asks if the Board should appoint a Political Action Committee. What should you tell him/her? Answer- Absolutely not. The Board should never take any action in regards to a group that will be participating in and paying for political advertising. Political Action Committees should form by themselves. Usually these groups will form naturally through the community involvement during the planning process. Question 2 - A teacher in the District who is also a member of "Citizens for School Improvements" Political Action Committee, wants to know if she can talk about the upcoming bond election at work. What can she say if another employee or parents ask her about the election? Answer 2 - Teachers have the right to express their views when asked. However, they have to use common sense when doing so and be careful not to let their views turn into any type of staged conversation or campaigning. Question 3 - You (as Superintendent of Schools) are giving a presentation about the upcoming bond election. At the end of the presentation a member of the audience asks you how you feel about the election. What should you say? Or more important, what should you not say? Answer 3 - Any factual statement can be made at any time regarding the bond election without violating the Texas Election Code. All political advertising, whether in support of or against the bond election, is considered advocacy and is strictly prohibited. Use caution when using printed materials as handouts. Do not stray from the factual material.