TJCA Awarded Construction Work to Board Member's Father; State Review Found Gaps in Conflict-of-Interest Procedures

What happened: During the summer of 2018, Thomas Jefferson Classical Academy awarded construction work to Custom Building and Remodeling, a Forest City business owned by John David Francis, the father of TJCA Board member Andy Francis. At the time, Andy Francis chaired the Academy's Facilities Committee and served as Board Vice Chair. The work included roofing repairs to modular classrooms and a canopy project at the Grammar School. School financial records also documented other payments to the family-owned business. The relationship became controversial when community members began questioning how contractors were selected, whether competing bids had been considered, and whether Andy Francis had participated in decisions benefiting his father's company.

On August 7, 2018, the Board approved $16,500 for a canopy on the Grammar School's modular classrooms. Its minutes recorded that Andy Francis abstained from that vote. During the same meeting, the Board separately authorized up to $15,000 for roof repairs on modular classrooms at the Upper Campus. The distinction between those two votes would become significant.

In September, requests for construction records multiplied, and Board Chair Ray Maxwell issued a forceful public defense of the Academy's procurement practices. Maxwell argued that TJCA was exempt from many state procurement requirements, that the selected contractor had offered advantageous pricing, and that the Board had complied with its conflict-of-interest procedures.

He went further, publicly condemning allegations against school officials as false and defamatory.

But when the North Carolina Office of Charter Schools subsequently reviewed complaints about TJCA's governance, it identified deficiencies in the Board's documented handling of the family relationship.

The state found that the Board's minutes recorded Francis abstaining, but did not establish that he had left the meeting for a conflict determination or that disinterested directors had formally discussed the conflict. The review ultimately resulted in required governance training and recommendations for improving conflict-of-interest procedures.

What was established:

July 2018 — Roofing Repairs Involve the Facilities Committee Chair's Family Business

During June and July 2018, TJCA personnel identified a leaking roof on a middle-school modular classroom at the Upper Campus. According to Maxwell's subsequent account, school personnel initially obtained a quote from Unlimited Resources, which proposed performing the roof work for approximately $2,500. The Facilities Committee sought additional pricing. Andy Francis and Grammar School Principal Jason Cole also helped install a temporary tarp to prevent further water damage while additional quotations were obtained.

A second quote came from Custom Building and Remodeling, owned by Francis's father.

The company's roofing price was approximately $2,300, with an additional $250 proposed for repairs to damaged soffit material. That made the basic roofing work approximately $200 cheaper than Unlimited Resources' offer, although the additional repair brought the quoted total to approximately $2,550. In his September explanation, Maxwell stated that Andy Francis had not viewed the amount of his father's sealed quotation before another committee member opened it.

The July 23 Facilities Committee minutes confirm that committee members discussed the competing roofing quotations and the possible additional repairs. The family's involvement was therefore not an undisclosed connection discovered only after a contract was awarded. The Board knew the contractor was related to the chair of the committee overseeing the work.

August 7, 2018 — Board Approves Two Construction Expenditures

At its August 7 meeting, the Board considered several financial matters, including two construction expenditures involving modular classroom facilities. The official minutes record:

• $16,500 for a canopy at the Grammar School, approved on a motion by Paul Foley, seconded by Sally Harbin. Andy Francis abstained.

• Up to $15,000 for Upper Campus modular roof repairs, approved on a separate motion by Paul Foley, seconded by Jerald DeLaGarza. The minutes state that the motion passed unanimously.

Custom Building and Remodeling's preserved records include an August 4, 2018 quotation for the Grammar School canopy project totaling $16,550, slightly above the amount subsequently approved in the Board minutes. The records also include roofing estimates and other construction documentation associated with the company. Maxwell later confirmed that Custom Building and Remodeling performed repairs on five of the six Upper Campus modular roofs.

The official minutes expressly document Francis abstaining from the canopy vote. They do not separately record an abstention from the roof-repair authorization. This difference is significant because Maxwell's later statement characterized the roofing decision as having been made without Francis participating in deliberations. The minutes establish the votes that occurred, but provide little explanation of how the directors addressed the family relationship during their consideration of either project. The same August 7 meeting also included amendments to TJCA's conflict-of-interest and purchasing policies. Francis himself moved for approval of the policy revisions, which the Board adopted unanimously.

September 2018 — Community Members Demand Procurement Records

The construction arrangements became the subject of multiple public records requests. On September 12, Gina Greene requested contracts, invoices, and bidding documentation concerning the Grammar School awning and concession-stand projects. Her request specifically sought information about how contractors had been solicited and when and where competing bids had been opened. Other community members requested documents concerning the modular roof repairs and the participation of Andy Francis and his father's company.

On September 23, Jerry Early submitted a broader inquiry concerning the Academy's construction expenditures. Early asked how many construction projects TJCA had undertaken during the preceding six years, how many had been competitively bid, how many contracts had gone to David Francis or his company, and how often Andy Francis had worked on projects awarded to the family business. Early explicitly alleged that the arrangements could involve illegal conduct.

The allegation was serious, but the records requests also sought basic information necessary to evaluate it: contractor payments, quotations, decision-making records, and the history of the Academy's relationship with the business. TJCA's finance office assembled historical payment information concerning John D. Francis, including transactions dating back to 2012. The resulting documents established that the relationship was not limited to a single roofing repair in the summer of 2018.

September 26, 2018 — Maxwell Denounces Allegations as False and Defamatory

On September 26, Board Chair Ray Maxwell issued a four-page public statement defending the school's handling of the modular roof work. Its title described the procurement allegations as false and defamatory. Maxwell emphasized charter schools' exemptions from many procurement rules applicable to traditional public-school districts and municipalities. He also explained that TJCA's own purchasing procedures permitted smaller expenditures to be approved without full Board action, except where a Board member or immediate family member stood to benefit.

According to Maxwell, the family relationship had been disclosed, competing quotations had been obtained, and the directors had approved the work through the appropriate procedures.

He maintained that Andy Francis had not participated in the final decision. Maxwell also confirmed that Francis had physically assisted his father during the roofing installation, helping move heavy materials onto the modular buildings. He stated that Francis had not been paid for this assistance and had declined even a small offer of reimbursement for fuel.

Maxwell characterized the community's allegations as damaging to the Academy and complained that responding to them consumed school resources, including legal fees and staff time. The response was unusually combative for a dispute concerning public expenditure records. Rather than simply explain the transaction and release the supporting documents, the Academy's governing chair devoted substantial attention to criticizing those questioning the Board. The central question, however, remained straightforward: whether the procedures intended to prevent conflicts of interest had actually been followed and documented.

December 2018 — State Review Identifies Missing Conflict-of-Interest Documentation

The North Carolina Office of Charter Schools subsequently examined a broader governance complaint filed by parent organizer Dr. Ingeborg Collins. The complaint included allegations concerning purchasing decisions, Board meeting practices, bylaws, and public records access.

State consultant Ashley Baquero requested records and explanations from TJCA. School attorney David Hostetler responded on the Academy's behalf, supplying Board records, policies, committee minutes, and additional documentation. The resulting state review produced a finding of particular relevance to the construction controversy.

In its December 27, 2018 grievance closure report, the Office of Charter Schools confirmed that the Grammar School canopy project had been awarded to the father of Board member Andy Francis. The agency concluded that TJCA's purchasing policy had been followed insofar as the expenditure received the required full-Board approval. However, its examination of the conflict-of-interest procedures was less reassuring. The state explained that an interested Board member should leave while disinterested directors assess whether a conflict exists, and should refrain from both discussion and voting when a conflict is identified.

The August 7 minutes recorded Francis abstaining from the vote. But the Office of Charter Schools found no evidence that Francis had left the meeting during a conflict determination and no evidence that a conflict-of-interest discussion had occurred. The agency also observed that the committee minutes lacked sufficient detail. This was an important distinction from Maxwell's earlier public defense. The state's review did not substantiate the sweeping allegations of criminal misconduct circulating in the community. But it also did not affirm that every aspect of the Academy's conflict-of-interest process had been properly documented. Instead, it identified concrete shortcomings and recommended changes.

December 27, 2018 — State Requires Governance Training

The Office of Charter Schools closed the broader Collins grievance with a determination that corrective action was required. Among its requirements, the agency directed TJCA's Board to complete governance training provided by the Office of Charter Schools by July 31, 2019. The review also required the Academy to obtain proper state approval for future bylaw amendments and recommended additional governance reforms. Regarding conflicts of interest, the state specifically recommended that TJCA:

• Identify and assess potential conflicts at the beginning of Board and committee meetings.

• Require interested members to leave while other directors determine whether a conflict exists.

• Exclude conflicted members from discussion and voting on the affected matter.

• Document those steps clearly in both committee and full-Board minutes.

• Review its conflict-of-interest policy to ensure the requirements were understood and consistently followed.

The required corrective action arose from the state's wider review of TJCA's governance practices, not solely from the construction contract. Nevertheless, the procurement findings were an explicit part of that review. The state did not simply dismiss the concerns that school leadership had characterized as baseless. It identified weaknesses in the Academy's procedures and called for more rigorous safeguards.

What was not established: The available evidence does not establish that Andy Francis secretly altered quotations, received personal compensation for the construction work, or committed a criminal offense. The state review found that the Grammar School canopy expenditure had received the required Board approval and that Francis had abstained from that vote. What it also found was that the official record did not demonstrate all the conflict-of-interest procedures expected of the Board. The full history of the Academy's contracts with John David Francis, including the extent of any competitive solicitation for earlier projects, has not been independently reconstructed.

Original evidence:

TJCA Board of Directors — August 7, 2018 Meeting Minutes

Official minutes documenting the canopy approval, modular roofing authorization, Francis's recorded abstention on the canopy vote, and amendments to the Academy's purchasing and conflict-of-interest policies.

TJCA — Gina Greene Request for Repair Bid Information, September 12–29, 2018

Preserved public records packet containing Greene's request, Maxwell's response, construction quotations, correspondence, and the September 26 public statement concerning the modular roof project.

Includes original contractor quotations identifying John David Francis and Custom Building and Remodeling.

TJCA — Jerry Early Request Regarding Possible Illegal Activity, September 23–29, 2018

Preserved correspondence documenting Early's questions about construction contracts, previous payments to the family-owned business, competitive bidding, and Andy Francis's involvement.

Includes financial records assembled by TJCA's finance office concerning payments to John D. Francis dating back to 2012.

TJCA — Public Statement of Board Chairman Ray Maxwell Regarding Allegations of Board Procurement Improprieties, September 26, 2018

Four-page statement defending the contractor selection, addressing the family relationship, and denying wrongdoing.

North Carolina Office of Charter Schools — Collins Grievance Investigation, November–December 2018

Preserved state correspondence, TJCA's formal responses, relevant committee and purchasing records, and the final grievance closure report.

Office of Charter Schools — Grievance Closure Form, December 27, 2018

The central state oversight record, documenting the agency's procurement and conflict-of-interest findings, required governance training, and recommendations for future Board practices.

Applicable law: North Carolina Session Law 2018-3, addressing charter-school governance and conflict-of-interest requirements.

Subsequent developments: The December 2018 state review established that TJCA needed to improve its governance practices, including how conflicts of interest were assessed and recorded. The Office of Charter Schools required Board governance training by July 31, 2019, and directed the Academy to follow state procedures for future bylaw amendments. Whether the Academy completed that training by the required deadline, and what additional changes it made to its procurement procedures, has not yet been documented for this archive. The controversy also raises an enduring question about public charter-school governance. TJCA's exemption from many traditional public procurement requirements gave its Board considerable discretion over contractor selection. But that discretion placed greater importance on the Academy's own rules, the independence of its governing directors, and the accuracy of its public records.

The essential issue was never simply whether the Academy could lawfully employ a Board member's relative. It was whether the public could see that the decision had been made independently, transparently, and in the school's best interests. TJCA Truth welcomes historical contractor-payment records, original procurement agreements, Facilities Committee correspondence, conflict-of-interest disclosures, documentation of the required state governance training, and records concerning any reforms adopted after December 2018. Documentation of the complete scope of work awarded to Custom Building and Remodeling, including earlier construction projects and the resolution of the recorded quotation differences, would be especially valuable.

Report from the community: The 2018 construction controversy produced substantial community scrutiny of the Academy's financial and governance practices. Gina Greene's public records requests documented efforts to obtain contracts, invoices, competing bids, and information about contractor selection. Jerry Early independently questioned the history of construction awards to David Francis's business and asked whether Andy Francis had participated in work awarded to his father's company. Parent organizer Dr. Ingeborg Collins subsequently pursued formal state oversight of several governance concerns, including the Board's purchasing decisions. Their efforts produced a documentary record that extends beyond the statements made at TJCA's public meetings.

The state investigation itself was prompted by stakeholder complaints and preserved exchanges among parents, school officials, legal counsel, and the Office of Charter Schools. These records demonstrate that members of the school community were actively attempting to understand how the Academy spent public funds and how its directors handled personal relationships with contractors. No additional independent firsthand interviews with the contractors, Facilities Committee members, or other participants in the 2018 procurement decisions have yet been obtained by TJCA Truth. TJCA Truth welcomes perspectives from former Board members, school administrators, contractors, employees, and community members familiar with the construction projects or the resulting controversy. Accounts concerning the solicitation of bids, committee discussions, the preparation of contract quotations, or the Academy's response to records requests may help establish a fuller history of the decisions. Contributors may request anonymity, and private correspondence will not be published without permission.