Neosho superintendent signed non-disparagement contract, agreed to $150,000 "donation" from architectural firm

If you are waiting for Neosho R-5 Board of Education members to tell you the truth about the errors that put them well over budget for the junior high building project, you are in for a long wait.

That is not an attack on their character.

They can't talk about it because Superintendent Dan Decker signed a contract with Sapp Design Associates that includes a non-disparagement clause. The district also received $150,000 from Sapp in what appears to be "hush money" designed to protect both sides from embarrassment.

After R-5 accountant Rob Singh discovered the project was over budget and it was learned that Sapp's first manager for the building project Eric McCune and former Assistant Superintendent Tim Crawley overlooked alternatives that had been approved, putting the project, which the board had promised would be completed within its budget, more than half a million dollars over, Sapp removed McCune as project manager


After that, negotiations began between Decker and Michael Sapp of Sapp Design Associates, which appear aimed at making sure the public did not become aware of what had happened.

During that same period, with the money completely gone from the junior high building account, Decker began giving orders for the remaining costs to be distributed to various district accounts. When the five people in the district's Finance Department questioned the ethics of those transfers and also mentioned their concerns to the district's auditing firm, it turned out to be the end of the line for their time in the Neosho R-5 School District.

By the end of that five-month period, Associate Superintendent Trish Wilson and the four other members of the department were no longer working in the district. Two resigned, one, Singh, because of concerns about the things he was being asked to do, the other after being given a lecture about needing to be "a team player." The others were shown the door.

And as noted in the February 8 Turner Report, Board President Steven Douglas claimed in November that the project had come in under budget.


The only people who could challenge that assertion were no longer with the district.

And now Douglas has thrown the five former employees, who had a combined 47 years of service to the district, under the bus with a recent Facebook post in which he hinted that there were things he could not say because they involved personnel issues.

In a response to Douglas' Facebook post, Singh challenged the board president.

"So why was the finance department asked to be quiet about the “cost projection error”? That was super uncomfortable knowing information and being asked not to discuss it as the board had put the message out that transparency was a key value."

That question has yet to be answered, but a clearer picture of what was going on is provided in an e-mail exchange between Decker and Michael Sapp, obtained through a Sunshine Law request, then provided to the Turner Report and verified.
In a message dated May 9, 2017, Decker wrote, "As a district, we feel because of the way Eric McCune, architect, represented himself, as well as Sapp and Associates, decisions were made to spend money we were told we had. One such purchase that was made was for furniture. This was an increase of $300,000 and was directed by Eric McCune, architect. As a district, we are requesting Sapp and Associates cover $300,000 of the $656,000 the district is over budget on this project. In return for this, we will sign a non-disclosure agreement."

In an e-mail dated July 26, Sapp says he has "drafted a donation letter." In the message, he also says, "This has been an incredible project for us and we are so excited for the community as well as the students and faculty who will utilize this great 21st Century facility."

Sapp ends the e-mail by pushing his company's involvement in the latest R-5 building project. "Also, I would like to discuss Goodman Elementary and getting a draft contract generated to send to you."

On advice of the district's lawyer, the non-disclosure agreement was changed to a non-disparagement agreement.

On July 31, Decker wrote that Douglas approved the agreement.

In a contract signed September 8 by Decker and Sapp, the architectural firm agreed to pay $62,007.75, referred to as "a credit of design fees." It was noted that the payment was for a claim made by the district, but Sapp was not acknowledging any fault.

Sapp and Neosho School District  and each of their current and former employees, shall not engage in any conversations, comments, critiques, discussions, descriptions, and/or any other type of communication whether oral or written, direct or indirect, with any third person or entity referring to, relating to and/or in any way concerning the character, integrity, honesty, hiring and employment practices, and general reputation or business pursuits of any other parties, or their employees, or make or say any remark that would tend to cast another in a bad light, except as required by law.

By the time that agreement was signed, Decker and Sapp had already worked out a $150,000 "donation" from Sapp to the Neosho R-5 School District to be used for furniture for the new junior high.



In a letter dated July 26, 2017, Decker wrote the following:

Dear Mr. Sapp:

On behalf of the Neosho School District, we wish to thank you for your cash contribution to be used for our furniture fund at the new junior high school.

We acknowledge that no goods or compensated services were provided by your organization in return for this contribution. The cash contribution we received was $150,000 and received on July 26, 2017. The entire donation is being used per your request to assist with the purchasing of furniture for the new junior high facility.

Thank you again,

Sincerely,

Dan Decker

They certainly don't write thank you letters like they used to.

Sapp Design Associates is serving as architect for the Goodman Elementary project.

The Neosho R-5 Board of Education is meeting in special session 5:30 p.m. Tuesday. A closed session will be held for personnel reasons. The only item on the open portion of the agenda is "Sunshine Law Fees."

Previous Posts

Former Neosho R-5 accountant: Finance Department told to keep quiet about Junior High project funding errors

Neosho R-5 administrators say there are things they can't tell staff, but they will be transparent about it

Neosho Daily News on junior high investigation: We report news, not speculation or gossip

Neosho R-5 School Board President: There was no trickery with our lovely junior high

State investigators examining discrepancies, lack of transparency in Neosho Junior High building project