TARRANT CITY BOARD OF EDUCATION SHELLY N. MIZE, Ed.D., SUPERINTENDENT 1918 ALABAMA STREET PHONE: (205) 849-3700 TARRANT, ALABAMA 36217 wen tarant. c12.aLus FAX: (208) 849-3728 Mr. Kyle Whitmire Alabama Media Group September 11, 2018 Dear Mr. Whitmire: ‘As Superintendent of the Tarrant City Board of Education, I respond to your request for documents and information, In doing so, I want you to know that our students are my primary concern as the Superintendent of the Tarrant School System and the paramount concern of our five Tarrant City Schools Board Members. Neither I nor the Board have ever taken any steps or actions that would compromise in any way whatsoever the health and safety of our students and employees. This is my message to you as Superintendent, In addition, | want you to know that J am the mother of a daughter who attended school at Tarrant Elementary and Tarrant Intermediate for several years, which included this time frame. She played on the playground, played in the dirt, grew vegetables in the community garden and ate the vegetables they grew, I have ALWAYS cared about the health and safety of ALL our students and certainly did during this EPA matter. Atall times during this EPA matter we knew our school properties were safe from contaminants or hazardous material. Priar to any action by the EPA in Tarrant that we had any knowledge of, in the Spring of 2013 we had all of our school properties tested for hazardous material by Sutherland Environmental Company. (Copy attached as Exhibit 1.) ‘You should also know that our tests were subsequently confirmed by EPA and we were released from further review. (Exhibit 2.) In addition, I knew that the Jefferson County Health Authority monitored our air quality on a constant basis and had done so for more than 20 years, At all times reported to us, our air quality for our students was within acceptable ranges. (Exhibit 3: Air Quality Reports.) In short, prior to this controversy in 2015 and 2016, our school properties were tested fo be safe, And, to our knowledge, our school properties have met all standards for safety for both soil and air, ‘You ask why [ sent a letter to EPA on January 7, 2016 rescinding permission to test soil at Tarrant Elementary School? Preparing for learning, service; and wecess.I did so knowing one important fact: our school properties, including Tarrant Elementary School, had been tested and were safe. That was true in 2013, continued to be true in 2015-2016, and remains an undisputed fact: our Tarrant school properties are sate. Between the time Tarrant Schools initially gave permission to test and January 7, 2016, it became apparent to me for the first time that this matter was a bitter, hostile, polarizing issue within the Tarrant community. Prior to January 7, 2016 when I sent my letter to EPA, 1 discussed doing so with my Board members. Neither 1 nor our Board believed the Tarrant School System should be brought into this fight that extended beyond our schools, which we knew to be safe, Prior to January 7, 2016, when I wrote EPA rescinding permission for testing, 1 had no conversation or communication about this EPA controversy with any one from the Drummond Corporation, or ABC Coke, or from Balch & Bingham, or Joel Gilbert. More globally speaking, prior to January 7, 2016, no one from any of these entities or individuals communicated with me or had any impact regarding my decision to back out and away from a controversy that did not directly involve our schools, which we knew to be safe Our role as a public school is to educate our students in a safe environment, We were doing that; we continue to do that. Our role to educate our kids was better served by disengaging from the bitter controversy that was developing. If anyone asserts to you that we were pressured to be uncooperative with EPA that is totally false. My intent and our Board’s decision was simply to back away ftom a divisive controversy, when we knew doing so would not adversely affect our students and employees. You make assumptions from billing records of Balch & Bingham that relate to work done by Joel Gilbert. I have no knowledge what Mr, Gilbert was doing, and no reason to know if his billing records are accurate. As I have said, I have no knowledge of Mr. Gilbert during 2015 or 2016. Itis true that | communicated with Ben Goldman who is the attorney for the City of Tarrant. have frequent conversations and communications with Mr. Goldman because City matters and School Board matters often intersect. I am unaware of “dealings” Mr. Goldman had with Drummond or Balch & Bingham, I have no knowledge about Mr. Goldman’s dealings with these people at this time and do not think I had any such knowledge in 2015-2016. T have no knowledge about any conversation Mr. Goldman had with Mr. Gilbert and no knowledge of what Mr. Goldman might have sent to Mr. Gilbert about the Tarrant School System. Tam sure I provided whatever data or tests Mr. Goldman asked for me to send. I trusted him and cooperated with him on a multitude of matters. Let me discuss another topic. You ask if [ was influenced to rescind cooperation with EPA because Drummond provided funds and work for a playground at Tarrant Intermediate School.The answer to that question is no: the help provided by Drummond was never linked to the EPA. in any way in any discussion, United Way of Central Alabama arranged for Drummond to be a corporate sponsor. The Principal of Tarrant Intermediate School began working with United Way in June of 2017 to help find a corporate sponsor for the playground project. Our intermediate school principal talked with Benga Harrison about this project. In October of 2017, Benga Harrison of United Way contacted David Seale, our intermediate school principal, to advise she had found a corporate sponsor, Mr, Seale met with representatives of United Way and Drummond in late October 2017 to discuss the project. At this meeting, Krystal Drummond, a Drummond representative, agreed that this was a worthwhile project. The project went forward during the summer of 2018, During the process, there was never any mention of the EPA matter. Not to me. Not to David Seale. Mr. Seale will confirm that EPA was never brought up. The playground project was not linked in any way as far as we know to the EPA matter. Mr. Seale will also confirm that he was never approached by anyone from EPA or from Balch & Bingham or by anyone for Drummond other than Krystal Drummond, who he met through United Way. If you have any further questions about the intermediate school playground project and Drummond, I hope you will contaet Benga Harrison at United Way. By email dated September 7, you ask for responses to 12 items. Let me respond to each. 1. OnNov. 30, 2015, you gave the EPA written permission to test the soil at Tarrant Elementary School. (You have provided this correspondence.) Response: Correct. 2, On Dec. 29, 2015, Balch & Bingham billing records introduced in court show, attorney Joel Gilbert drafted letters for the mayor of Tarrant the Tarrant City School Board to send to the EPA regarding the proposed sampling plan. He then exchanged emails with Ben Goldman regarding the draft letters. Response: I have no knowledge of the matters recorded on December 29, 2015 by Joel Gilbert, 3. On Dee, 30, 2015, Gilbert’s billings records show “Finish of draft Tarrant School Board letter to EPA; emails to Mr. Ben Goldman (Tarrant attorney) and Drummond regarding draft letter.” Balch lawyer Steve McKinney also reviewed these drafts and provided comments, those records show. Response: I have no knowledge of the matters referred to by Joe] Gilbert.4, On Jan, 7, 2016, you sent a letter to the EPA rescinding the permission to test soil at Tarant Elementary School. (You have provided this correspondence.) Response: Letter to EPA previously sent to you and further explained in this letter. 5. The Balch & Bingham billing entries strongly suggest Gilbert wrote or at least drafted the letter you signed and sent to the EPA. However, none of the documents you have produced include drafts of the letter or communications with other parties regarding its content. Respor I have no draft Jetters from Balch & Bingham or Joel Gilbert in my possession. ‘The letter | sent EPA came from Ben Goldman, (See first email in the emails attachment) 6 Additionally, Balch & Bingham bil have been captured by our public information reques ing entries show communications that should that you have not produced. Response: I do not know what communications you are referring, But I have no documents from Balch & Bingham. 7. In addition to those court documents, other billing entries show Gilbert communicated with Tarrant and Tarrant City Schools officials. Response: I have never communicated with Joel Gilbert to my knowledge. 8 On Dec. 9, 2015, Gilbert recorded in billing entries, “Various emails from Mr, Ben Goldman regarding communications between School Board and EPA and sampling results; conference call with SE+C regarding review of technical materials from School Board.” Response: I have no knowledge of these communications between Mr. Gilbert and Mr. Goldman, 9 On Jan. 28, 2016, Gilbert recorded in billing entries, “review email from Tarrant regarding GASP request to sample school property.” Response: I have no knowledge of these communications about GASP and Tarrant. 10. On Feb. 4, 2016, Gilbert recorded in his billing entries, “Review emails from EPA. to Tarrant School Board ... conference call with Messrs. Goldman and Sid Trant regarding EPA communications with Tarrant School Board.” Response: Sid Trant is an attomey with Bradley Arant, our law firm. EPA people had dealings with Mr. Trant, I am told, on other matters, EPA contacted Mr, Trant. My communications with Mr, Trant and his partner Anne Yuengert are attorney-client confidential communications as far as am concerned. By this date, I had already made the decision not toinvolve our school system in this matter because our schools were safe. I did not change my mind as a result of any communication Mr. Trant had with EPA. 11. On March 1, 2016 Gilbert recorded in his billing entries, “review materials from Mr, Ben Goldman regarding GASP and Tarrant School Board issues.” Response: I have no knowledge about what Mr. Gilbert reviewed on this date, 12, On March 31, 2016 Gilbert recorded in his billing entries, “Exchange emails with Mr, Ben Goldman and Tarrant School Board regarding GASP records request regarding EPA air study.” Response: Emails with Mr. Goldman have been provided. Documents Requested: I will attach to this letter all the documents I have found in my possession that would be captured by your request. Initially, T read your request to ask for only documents from or fo EPA. I am sorry for the confusion, In closing, as Superintendent of the Tarrant School System, I acted throughout the period of time you specified for response (October 1, 2015 through February 28, 2016) without influence of any type from any of the defendants you mention As I have explained in this letter, [had no dealings during this period with any of the defendants to my knowledge. What contact we had with representatives from Drummond about the intermediate schoo! playground project occurred through United Way from June of 2017 to the summer of 2018, Tam not a lawyer. I am an educator. By having our soil tested in 2013, we were actually proactive. | believe the evi ‘our schools were safe was convineing and remains ‘confirmed that all soil and air samples pertinent to our Tarrant schools showed our schools were safe Based on the evidence presented to the jury about the conduct of the named defendants who found guilty of betraying the health and safety of our extended community, I respect the decision of the jury. Thope you do not find it necessary to suggest that I or our school system were involved in any knowing way to betray the people we are trusted to respect, teach, and protect. Sincerely, tu Ue Shelly N. Mide, Ed.D. Superintendent