Mishka Zena

Here are the facts related to the ASL Instructor situation.  These
facts are easily verifiable through a public records request to ODE HR
and/or Procurement.

For the past several years ODE contracted with Willamette ESD to hire
the ASL instructors OSD used in its community ASL classes.   This
summer, Willamette ESD contacted me to say they were no longer
interested in carrying this contract.   I met with staff at ODE HR to
explore options for hiring the instructors.  September 20, Mark Hunt,
Nancy Latini and I met.   We made the decision to put the ASL
instructors on as temporary employees until the end of December to
allow the Fall term to go forward.   OSD was to continue looking for
an entity to contract with for Winter and Spring terms.

In early November I received a monthly report from ODE HR, which
provides managers with information on all their employees.  In that
report, the ASL instructor temporary appointments were shown as
terminating in March 2007.  Since that was contrary to my
understanding that the appointments would end in December 2006, I
contacted the HR assistant in charge of temporary appointments and
asked if the March date was accurate.  I was told that the temporary
appointments were in place until March and could be extended until the
end of the school year if necessary.   Because of this information, I
thought we had additional time in which to locate a potential
contractor.  I initiated an email to ODE Procurement, which I copied
to HR, asking for information about the best way to issue an RFP to
try and identify a contractor, and indicating we had until March to
locate a contracting entity.   I immediately received a response from
HR saying the agreement had been that the temps. would only be in
place until December.   I acknowledged that was my originalunderstanding,

but in light of the information I had received in the
report and from the HR assistant, I now understood they could be
continued for Winter term as temps.    About two weeks later I
received an email from Mr. Hunt saying the temp. instructors would be
terminated the end of December.   Because it was by that time too late
to locate a contractor before the start of Winter term, the ASL
classes were cancelled.  Emails exist that document all of this
communication and they would be available if requested.

Mr. Dennis’ comments about “inappropriate contracting of the ASL
instructors” were erroneous.   First, no contracting took place.
Second, the instructors were put on as temporary employees.  Third, if
there were to have been anything inappropriate either with a contract
or with the placing of the instructors in temporary status, the only
people with authority to make those decisions were the head of
Procurement and the head of HR.  I only had the authority to initiate
a contract or initiate a request to hire.  I did not have authority to
execute either type of action.

This morning I heard from a credible source that a rumor is being
spread among legislators that I signed a “gag order” to prevent ODE
from disclosing a “career-ending event.”  I want to take this
opportunity to go on record as saying that this is completely false.
Never did anyone from ODE approach me with the offer or suggestion of
such an agreement.  Never has anyone from ODE told me of something I
have done that could be considered a career-ending event.  As of
January 3rd when my husband and I went to ODE and reviewed my
personnel file, absolutely no documents existed that reflected any
negative performance or event.  In fact, there was nothing in my file
indicating any information on my performance as I have not had a
peformance review since 1998.   I asked on January 3rd if any
additonal documents for my file were pending and was told no.  I
welcome any media or legislator to review my personnel file through a
public records request to determine the accuracy of my statements.

I am proud of my career and the work I have done on behalf of OSD, ODE
and the State of Oregon.   I believe I am guilty only of being a
forceful advocate for OSD and for the OSD community, and I willingly
accept the consequences of having been the strongest and clearest
voice possible for the needs of this often overlooked and marginalized
group of children.   In a job in which I was responsible for well over
100 employees, directly or indirectly, and in which children lived on
our campus 24 hours a day, there are always things that occur.  If ODE
chooses to try and put together a “case” to discredit me, they will
surely be able to find things to say, especially since they will be
out of context and without the opportunity for rebuttal.   But an
administrator needs to be judged by the policies and practices he/she
puts into place, the training provided to staff, the protocols
established and how well they are followed, the response to incidents,
and the confidence he/she has from the staff, parents, students,
graduates and community.  I am comfortable letting my work speak for
itself.   I thank the OSD community for speaking out in terms of its
evaluation of my performance.

To summarize, my purpose in writing to you is to:

1) Thank you for your generous and heartfelt support of me and of OSD.
2) Make it clear that I am not advocating for or trying to accomplish
any particular result.
3) Take the opportunity to provide accurate information related to the ASL
    Instructor situation.
4) Dispel the rumor of a “gag” order.

My hope and prayer is that some good will come from this situation. My
interest is in making sure OSD is able to continue to provide the best
services and programs possible for the children who need this
educational environment.  I am humbled and awed by the strength of
your commitment and feeling for the school, and I thank you for having
allowed me to be a part of its rich history.

           Jane Mulholland This letter was CC to the following people: