Vote Delayed on Trustee-Written Textbook

The elementary school board voted Tuesday to delay action on a proposal to award a textbook contract to one of its members, averting a threatened clash over the propriety of the member’s participation in the selection process.

The board decided to seek a legal opinion from the county counsel on whether a conflict of interest exists because of the involvement of board member Steve Hake, a teacher who wrote the text.

“On the face of it, there’s a conflict of interest,” said board member Robert Peviana, who said he supports use of the disputed text, barring an unfavorable ruling by the county counsel.

After his election to the board in November, Hake, serving as a representative of his publisher, went before a district textbook review committee to lobby for the adoption of his book.

Although the textbook committee rated another book slightly ahead of Hake’s book, it was the choice of a majority of teachers and administrators in a districtwide vote. Teachers and administrators favored his book by a vote of 115 to 69 over the book rated higher by the committee.

At Tuesday’s board meeting, Susan Bierman, assistant superintendent for instruction, recommended adopting the Hake book, based primarily on the vote by teachers and administrators.

Bierman, who headed the textbook committee, said it was unusual to have a school board member promote his own book, but she said it had no direct bearing on the committee’s ranking. She also noted that Hake was invited to make his presentation to the committee and did not press his case upon them.

Hake wrote the mathematics textbook and a supplemental math program while teaching at Gidley Elementary School, which is governed by the El Monte City School Board, of which Hake is a member. He now teaches at Arroyo High School in the El Monte Union High School District.

The book was published by Saxon Publishers Inc., headquartered in Norman, Okla. Widespread distribution of Hake’s book began two years ago, and, according to Hake’s publisher and collaborator, John Saxon, 100,000 copies of the text have been sold to school systems nationwide.

Hake said the book evolved from his teaching at Gidley after he found the official texts unsatisfactory. Saxon said the book is based on problem solving. Everyday experiences are used to explain abstract math concepts.

Although he has questions about possible conflict of interest, Peviana said the teachers’ wishes should also be considered.

“We have to decide what is best for the children . . . and the teachers have already spoken,” Peviana said.

Bob Camerota and David Reed, two other board members who questioned Hake’s involvement, said they were pleased that no action was taken by the board Tuesday.

“I don’t question Mr. Hake’s interest in this book,” Camerota said. “But it is important to know if there is a conflict of interest. I feel we have to have a few more questions answered.”

Hake said he would welcome a ruling by the county counsel on the matter. He said that his own lawyer is not sure whether a conflict exists, but that the district’s legal counsel advised him in November that his selection to the board would present a conflict if the district considered adopting his book.

“I’m trying to do things right,” Hake said at the meeting. “Conflict of interest is an important issue.”

Hake’s book would be used in grades four through eight for the next seven years. After that, the district’s math books will be evaluated again. A book published by Silver Burdett Mathematics received board approval and will be used in kindergarten through third grades.

Favored Slightly

A Silver Burdett book for fourth- through eighth-graders was favored slightly over Hake’s book by the review committee and will probably be adopted if Hake’s text is rejected.

Camerota and Reed agreed that Hake’s book is an excellent textbook.

But in interviews before the meeting, they questioned whether it was proper for Hake to lobby for his book among district administrators and teachers while he was on the board. Moreover, they questioned whether he should take part in the board decision. And Camerota asked whether Hake should share some of the proceeds from book sales with the district.

Both Hake and Saxon have agreed that if the text is adopted, all of Hake’s proceeds from book sales to the district would be returned to the school system’s instructional materials fund.

Because he would not receive any direct financial gain if El Monte school buys his book, Hake believes that he is free of conflict of interest.

“All informed opinion I’ve received at this point says that if I could avoid a material gain, I would be free of any conflict of interest,” he said.

Hake said he did act properly when he presented his case to the review committee.

Saxon bristled at the mention of allegations of a conflict of interest.

“This is the most ridiculous thing I’ve heard of,” he said. “I can’t imagine these people with the unmitigated hubris to suggest that he’s getting rich off the potential royalties from the El Monte district.

‘Drop in the Bucket’

“The pittance he receives from (El Monte) is just a drop in the bucket,” he said. “Mr. Hake is a rich man, he’s making a lot of money off his books and he’s not going to miss their money,” Saxon said.

“Most school systems are very proud when one of their teachers writes a book that is good enough to be adopted by their school.”

Hake said he presented his case to the committee because his publisher’s only sales representative was unavailable. But the presentation, he said, did make him uncomfortable.

“I went into that with a little trepidation, yes,” he said.

Hake said he was not sure whether he would have participated if the issue had come to a vote Tuesday, but was confident that the board would seek further legal opinion before proceeding.

“I didn’t think it would come up to a vote,” he said. “My expectation was that a decision was not going to be made last night. There are still too many questions.”

According to Camerota and Reed, there is no question that a conflict exists. “Two attorneys have told me that it is a conflict of interest, even if he doesn’t vote,” because he made the presentation to the committee, Reed said.

Camerota agreed, adding that the presentation to the board put undue pressure on the review process.

“I think it was very improper for him to do it,” Camerota said. “I believe there is a conflict. Everything I read says eventually he will receive some revenue from the book.”

Not on List

Further complicating the issue is the fact that Hake’s text has been “approved” by the state Board of Education but it has not been put on a list of books for which local school districts can be completely reimbursed.

Therefore, the district would have to pay roughly $23,927 of the $58,000 it would cost to buy Hake’s book, Bierman said. By contrast, the state will pay all of the $85,000 needed to adopt the Silver Burdett book for the primary grades, she said.

It would cost $86,000 to purchase Hake’s text if it were not already being used unofficially in the district, Bierman said.