Colorado Politics

Denver schools’ Superintendent Alex Marrero uses NDAs to prevent employees from speaking out, former official says

Denver Public Schools — under Superintendent Alex Marrero — has offered severance packages to employees only if they are willing to sign a confidentiality agreement that prohibits them from speaking about their experiences in the district for three years after their employment.

The explosive revelation came Monday night during the time the board of education has set aside for monthly public comment.

Will Jones, the former executive director of communications, said he was dismissed by Marrero in February after nearly nine years with the district. Jones was hired under previous Superintendent Tom Boasberg.

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“The ‘P’ in DPS is public,” Jones said. “That’s who we answer to.”

Jones said during the three minutes allotted during public comment on Monday that Marrero had made it a practice to require him to refer questions from board members to the superintendent’s office.

Marrero was unavailable for comment on Monday.

Following the meeting, Jones told The Denver Gazette that he feared the district’s tactics will have a chilling effect on school leaders.

When he was let go in February, Jones said he was offered a severance package which he declined upon learning he would be required to sign a confidentiality agreement. Jones called his dismissal a termination while district officials — he said — called it a “restructure.”

In addition to Jones, Scott Pribble and Bill Good serve in the district’s communications department.

A confidentiality agreement, or non-disclosure agreement (NDA), is a legal contract drafted to protect confidential or sensitive information. Its purpose is to ensure the information remains private. Confidential information typically includes trade secrets, marketing strategies, proprietary or client information.

“This isn’t Coca Cola with their secret recipe,” Jones said of the NDAs. “This isn’t KFC with their 11 herbs and spices. What’s going on that we can’t share with the board?”

Steve Katsaros, a founding member of Parents Safety Advocacy Group, or P-SAG, called the use of NDAs by a public entity troubling.

“Safety requires trust and you can’t get to trust without transparency,” Katsaros said.

Formed over safety issues arising from the East High School shooting last year that injured two administrators, P-SAG is a grassroots organization with more than 1,500 members.

P-SAG members, Katsaros said, have requested under the Colorado Open Records Act (CORA) information on the district’s use of NDAs. While district officials did disclose payout amounts, they did not provide P-SAG with any NDAs, Katsaros said.

Marrero, who assumed the position nearly three years ago, has weathered withering public criticism throughout his tenure for his handling on a variety of issues from school closures to holding secret meetings to discuss public business.

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