Conflicts of interests on boards seem to be a recurring theme across the Country if not the world these days. Society has gotten so complex and we are doing more and more with our time serving organizations, charities and our communities that it has become even more important to be completely transparent and above board. That’s why I am so puzzled by the allegations being levied against William S. Hart School Board member Gloria Mercado-Fortine and her apparent lack of clarity with any possible conflicts of interest.

According to the Political Reform Act, any public official in California is prohibited from making, participating in making, or in any way attempting to use his/her official position to influence a governmental decision in which he/she knows or has reason to know that he or she has a financial interest. In other words, if you hold a public office, you can not in any way participate in a decision if you will benefit in any way from it. If such a case arises, you must recuse yourself from participating in that decision and make full disclosure of any conflicts of interest.

The Beacon received a two inch thick stack of documentation which clearly shows that Ms. Mercado-Fortine did not recuse herself in a number of Hart School Board votes that appear to have a direct benefit to her employer, Mission View Charter School (alternatively referred to in public documents as Mission View Public School) and as a consultant to Desert Sands Charter School, an affiliate of Mission View. According to the documentation she cast the following votes on matters directly related to Mission View Charter School:

1. March 17, 2010 – Ms. Mercado-Fortine voted in favor of Agenda Item XIV(c), approving a financial certification document that included a budget for Mission View Charter School.  This action was taken in furtherance of the Board’s mandate under Education Code §47604.32(d) to monitor the fiscal condition of the charter schools under its authority and take appropriate action as required by law.  According to the minutes of the Board meeting, the staff specifically noted that Mission View Charter School was “experiencing financial difficulties.”¹
2. March 18, 2009 – Ms. Mercado-Fortine voted in favor of Agenda Item XIV(f), approving a petition for a material revision to Mission View Charter School’s charter.  The revision enabled the school to begin teaching grades K through 6.²

What is troubling is the fact that Ms. Mercado-Fortine did not disclose any conflicts on her Form 700 Statement of Economic Interests filing. The filing of California Form 700 from the Fair Political Practices Commission (FPPC) is required by law for “any official, employee, or consultant holding a position which involves them in influencing financial decisions on behalf of their agency.”  She voted on two items that had a material impact on her employer!

Further, one document states that; “In addition to the violations of the Political Reform Act arising from Ms. Mercado-Fortine’s participation in decisions directly impacting her employer, Mission View Charter School, Ms. Mercado-Fortine has failed to report her income from Mission View Charter School and its affiliate Desert Sands Charter School on her Statement of Economic Interests (Form 700).”

Ms. Mercado-Fortine has claimed that this whole matter is a “nonissue” and that she has done nothing wrong. Yet the documentation shows clearly that; “According to the school’s June 30, 2009 certified financial statements, Ms. Mercado-Fortine serves as the school’s Vice President of Education” and “has provided consulting services for Desert Sands Charter School, which, while ostensibly a separate corporation, is an affiliate of Mission View Charter School.”  Those two corporations, along with Vista Real Charter School and the Antelope Valley Learning Academy, “have virtually identical Boards of Directors, Officers, and executive staff” and more importantly the tax returns “identify Desert Sands and Mission View as related tax-exempt organizations.”

The paperwork that we reviewed was also reviewed by legal experts and the conclusion was that there appears to be documentation that counters Ms. Mercado-Fortine’s stance that this is a nonissue. It points to a relationship in which financial compensation is being provided Ms. Mercado-Fortine by “related tax-exempt organizations” which have had business before the Hart School Board.

Instead of just stepping up and identifying these conflicts or even saying there may be a potential conflict Ms. Mercado-Fortine is exacerbating the situation by denying there is an issue. Enough questions are being raised that the matter is being brought to the attention of the Fair Political Practices Commission and the District Attorney’s Office.

All this could have been avoided if Ms. Mercado-Fortine was more forthright with her full relationship with the Charter Schools in question. If there is even a hint of a conflict of interest with anything she should just simply bring it up and recuse herself from that particular vote. It is really as simple as that!

The entire controversy swirling around Ms. Mercado-Fortine could have easily been steered clear of with complete transparency and straightforwardness. Sidestepping the matter; referring to it as a “nonissue” is only fueling speculation that she is concealing information that may ultimately be revealed and that will further damage her reputation.           

But isn’t that what the public normally hears whenever an elected official is questioned over potential discrepancies or wrongdoing? It starts with a denial and those oft repeated statements; “I’ve done nothing wrong” or “I will vigorously fight these charges” or “It’s a nonissue” and ends with admissions, charges and resignations.

It will be a wait and see as to when and if this is repeated by Ms. Mercado-Fortine and it will have nothing to do with gender or race only with transparency and truthfulness of this elected member of the William S. Hart School Board. Anything else, including paid advertisements, will just be static to try and throw the spotlight away from the real issue; it’s whether or not she thoroughly, completely, and truthfully complied with the Form 700 Statement of Economic Interests filing.

Time will tell!   

Dave Bossert- Commentary 

Dave Bossert is a community volunteer who serves on a number of boards and councils. His commentaries represent his own opinions and not necessarily the views of any organization he may be affiliated with or those of the West Ranch Beacon.