Top Dallas School
Administrator Promoted Despite Criminal Past
Jun 3, 2004 4:58 pm US/Central
Superintendent Moses Backs Fine Arts Administrator
By Todd Bensman <mailto:tbensman@ktvt.com>
Investigative Producer,
CBS-11 News
A top Dallas schools administration official worked for years and was promoted
to oversee millions of taxpayer dollars despite a felony financial fraud
conviction on his record, CBS-11 News has learned.
John Joseph Hammerle, a music teacher until his 2002 promotion, is now executive
director of the school district's Fine Arts Department, overseeing a $2.2
million annual budget.
But federal records obtained by CBS-11 News show that Hammerle, who joined the
district as a music teacher in 1993, pleaded guilty in 1994 to a federal mail
fraud charge related to his theft of more than $50,000 from Prudential Insurance
Co. while working as a salesman. He was sentenced to 120 days home confinement,
five years probation ending in 2000 and was ordered to pay $51,000 in
restitution, according to records.
"Clearly, some of the money was in fact pocketed by me," Hammerle wrote in a
1994 personal statement asking a federal judge for leniency. "Obviously, I took
money that was not earned by me. Indeed, I am
ashamed that my reputation is soiled.
"I am ashamed that I am now a convicted felon."
According to federal law enforcement officials, to
date, Hammerle has only paid a fraction of the $51,000 restitution bill, which
was part of his 1995 plea agreement.
Yet two years ago, Superintendent Mike Moses promoted Hammerle, who also has
provided private clarinet lessons to the daughter of DISD School Board President
Lois Parrott. He was elevated from a job as an elementary school music teacher
to executive director of the division overseeing all music and arts programs in
the 160,000-student district.
Furthermore, the federal judge overseeing the case cautioned in court papers
about Hammerle working in any job in which he would be responsible for money.
Hammerle told CBS-11 he believed a jealous subordinate brought the conviction to
the attention of school district officials, including Superintendent Mike Moses,
after his promotion. He said he and Moses met about the conviction about a year
ago, that top officials allowed him to continue running the fine arts division
because the conviction did not relate to his job duties of working with
children.
"Everyone was made aware of it because it was not an issue of dealing in any
manner, shape or form of dealing with children..." he said. "You know, I think
that has been looked at and ascertained."
District officials refused to answer questions from CBS-11 about when they
learned of the financial fraud conviction or what, if any, action resulted.
Trustee Parrott, elected board president last week, said Hammerle did provide
private clarinet lessons to her daughter but says she had no input about
Hammerle's promotion to his new fiduciary position. She praised Hammerle as a
talented director but then, under questioning, said she was "shocked" to learn
of the criminal record "for the first time" from CBS-11.
"For me to hear about this for the first time from a reporter is very
troublesome," she said, declining to comment further.
Through a district spokesman, Superintendent Moses declined to answer questions
on or off camera. The spokesman, Donny Claxton, also declined to answer
questions and instead released a statement on behalf of Moses.
The Moses statement reads, in part: "We are aware of no policies that would
disqualify him from continued service to the public. We acknowledge and regret
any mistakes that might have been made in his past, but his current work record
is clearly commendable."
District policies expressly forbid convicted felons from being hired, and
felonious current employees can be suspended or terminated if "the crime
directly relates to the duties and responsibilities of the individual or
directly relates to, or adversely affects, the mission of the District."
According to the policy, the only means by which a convicted felon can remain on
the job is if cleared to do so by a special "Legal Review Committee" and if the
superintendent, acting on the committee's recommendation, signs off.
The Legal Review Committee, made up of human resources executives, would
primarily consider whether the kind of crime committed could have any bearing on
an employee's current duties.
Under further questioning by email, Claxton would not say whether Hammerle's
case was ever sent through the legal review committee.
Declining to answer, he would say only "There is a legal review committee, and
this matter was handled according to the district's policy."
But it is the affected employee who would have to make the appeal to the board.
And, Hammerle indicated that he did not know what a legal review committee was.
He said that if he did appeal to the committee, he was unaware of doing so and
was never alerted to any activities by the committee, or conclusions about the
case, on his behalf.
Allowing a convicted felon like Hammerle to continue working without approval
through the legal review committee and Moses would appear to be a direct
violation of district policy.
"For all I know it may have gone through a board. If it did, I wasn't present,"
Hammerle said. "...It may have gone through a board. I have no idea."
Prior to being hired as a music teacher, Hammerle owned an independent insurance
agency from 1986 through 1991. In 1989, he began working for Prudential
Insurance. But, according to a pre-sentence memorandum filed on his behalf with
the court, bookkeeping problems and slow payments from Prudential eventually
prompted Hammerle to begin pocketing his customers' premium payments, causing
policy cancellations.
In the pre-sentence memorandum, Hammerle argued that he should not be imprisoned
because, if he were, it would hurt the children in his new job as a music
schoolteacher in a depressed south Dallas neighborhood. His attorney also noted
that the crime he committed would not threaten his new duties as a teacher.
"Mr. Hammerle has integrated into the mainstream of society and has a very good
job as a teacher in a poverty stricken neighborhood," the memorandum said. "Mr.
Hammerle's continual service to these children is of utmost importance to
restore the moral fiber of our American youth."
The discovery of the Hammerle conviction comes one week after a report by CBS-11
about the adequacy of the district's criminal background checking system.
Hammerle's case brings to four the number of employees found by CBS-11 whose
convictions were not found during criminal background checks that district
policy designed to weed out anyone who might victimize students or taxpayers.
CBS-11 reported earlier this month the discovery of at least three school
employees who worked in the fine arts division and were kept on the payroll
despite criminal histories. In two of the three cases, band directors remained
on the payroll long enough to be accused of further alleged indiscretions
against students and taxpayers.
In a previous interview about the discoveries, the district's spokesman defended
the system.
"We know that every system that has a human element has human faults," Claxton
said. "We don't make any apologies."
The district pays an independent contractor called The Safe Schools Project,
formerly known as Educator Background Checks, Inc., to conduct background
checks. Both companies have been affiliated with the DISD's former head of the
human resources department, Robby Collins.
Tom Hollenshed, president of The Safe Schools Project, said the district pays
only for state-level criminality, not federal convictions. He said the cost to
the district of checking for federal crimes was considered prohibitive.
Since pleading to a judge for leniency in 1995, Hammerle has changed his tune
about his crime. He said he only pleaded guilty because of bad advice from a
lawyer and that what he was accused of doing was not really a crime.
"It was kind of a real...crazy thing that had happened," Hammerle said. "At the
time, had I had a strong lawyer, a good lawyer, that whole thing would have been
washed away completely. But at that time, I was so na?e about the inner
workings of that, that it just fell through." |
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Were 'Ringers' Recruited For DISD
Band Concert?
By
Todd Bensman <mailto:tbensman@ktvt.com>
Investigative Producer
In January, student musicians in the Dallas
Independent School District gathered for a special inaugural performance in the
Meyerson Symphony Center.
Fine Arts Department Executive Director John Hammerle had culled the 75 students
forming DISD's "Honor Band" from among thousands of high school kids. They were
repeatedly billed to dignitaries and trustees attending the performance as
DISD's finest, and the very "soul" of the school district.
But there was a problem with the concert Hammerle organized, according to at
four DISD band directors interviewed by CBS-11 News. Hammerle, who was scheduled
to receive an award midway through the performance, had lined the ranks of
DISD's musicians with at least two dozen more skilled "ringers" from wealthier
suburban districts to help the local kids get through the hard parts - to make
Hammerle look good in front of the bosses, the band directors say.
The term "ringers" is vernacular for fraudulently entered substitutes, according
to Websters New World Dictionary.
Band directors complained that participation of kids from districts in
Colleyville, Plano and Carrollton-Farmers Branch sent an esteem wrecking message
to DISD students and teachers alike: DISD kids are just not good enough. One of
those who played that day is a college-level tuba player from Southern Methodist
University.
CBS-11 has learned that at least four of the outside students awarded slots at
the prestigious concert were students whose parents pay Hammerle for private
home lessons.
Four DISD band directors confirmed that band directors confronted Hammerle about
the concert at an end-of-school meeting last month attended by dozens of music
program staff members. They said Hammerle, in justifying the use of outside
students for an event billed as a DISD honor band concert showcasing strictly
local talent, used the term "ringers" to describe them and told the band
teachers that DISD students by themselves would not have been able to play the
more challenging pieces.
All of the band directors requested anonymity for fear of retaliation.
"We have a lot of talented kids in this district, an incredible amount of
talent," one band director said. "And I believe our kids are capable of playing
everything and anything they put in front of them. We have a wealth of talent
here. That unfortunately wasn't shown off the proper way."
In a telephone interview, Hammerle indicated that he could not recall the
context in which he used the word "ringer" during last month's staff meeting.
But he defended using the outside students as a decision motivated by his desire
to challenge DISD kids to a higher performance. He noted that he brought in a
tuba player from SMU because the district's high school program was weak.
"Certainly they're not of the inability to stand alone," he said. "But when you
have a little bit harder quality of music you have to step up to the plate and
demand the complete musicianship of every individual and that's what they gave;
they gave their all.
Hammerle pointed out that his use of the outside students was disclosed on the
event program guide under the Greater Dallas Youth Orchestra "and friends." And,
at one point during the concert, a speaker noted to the audience that some of
the players were Hammerle's private pupils, according to a tape of the event.
But Malinda McKee, vice president of the Alliance of Dallas Educators, said her
organization of teachers deplores what Hammerle did as self-serving and hurtful
despite ambiguous disclosures.
"I think our children should be given every opportunity within this district to
shine," she said. "And how can you bring in outside people to do that if it's
only to make you shine?"
Two years ago, Superintendent Mike Moses promoted Hammerle from elementary
school music teacher to executive director of the district's fine arts
department, in charge of a $2.2 million annual budget. Hammerle has long
operated a side business providing private music lessons to families, listing
one of his clients as the daughter of DISD School Board President Lois Parrott.
Last week, CBS-11 disclosed that Hammerle had a felony criminal record that
would prohibit him from working with taxpayer money under district policy. DISD
Superintendent Mike Moses has declined to discuss why he had made a special
exception for Hammerle, convicted of stealing $51,000 while working as an
insurance salesman, to work directly with tax money.
Hammerle said the mail fraud conviction was the result of poor work by his
defense attorney.
Donny Claxton, a spokesman for the Superintendent, declined interview requests.
The January concert at the Meyerson featured the former conductor of the U.S.
Air Force Band directing the "1812 Overture."
Hammerle said the piece was too difficult for DISD students alone; it would have
taken a year for them to learn it. He also said DISD students are not good at
on-sight music reading.
During the concert, Superintendent Moses lavished praise on Hammerle. The
concert was the occasion for Hammerle to be named North Texas's Most Outstanding
Fine Arts Administrator. He was given $1,000 and the use of a Hummer vehicle for
a year.
"You have just seen a hero for children being recognized today," Moses said at
the event.
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