A Special Review Committee (SRC) report released last week found that the FirstNet Board activity has been sufficiently open and transparent, despite public allegations made by board member Sheriff Paul Fitzgerald of Story, Iowa at the April Board meeting. Sheriff Fitzgerald’s allegations included a lack of openness and transparency in making board decisions, a failure to circulate information to board members, and that public safety members and the Public Safety Advisory Committee (PSAC) had lacked input in network planning decisions.
In a 10-page report, the SRC said it had conducted a very thorough investigation of the allegations — including interviews, review of emails, and draft minutes and financial documents — and categorically rejected all three allegations by Sheriff Fitzgerald. It found that FirstNet engaged in open and transparent decision making, no information was withheld to board members, and FirstNet is still developing its network plan in consultation and outreach to stakeholders.
On openness, it found that pre-meeting briefing sessions and biweekly calls before public meetings did not constitute "decision making" but mere informational communications. No decisions were sought in such non public communications.
On Board access to information, the SRC found there was some delay as financial information was refined but all Board members received it at the same time. Further, some Board members with dual operational and Board roles may have received more access to such information as a result of their dual role and the urgency for action. This was not improper.
On the network plan issue, the Report found that Company Start-Up Planning Document complained about by Sheriff Fitzgerald was not a final network plan and is subject to modification. The Report noted that the document explicitly stated that it "does not represent any finalized business, network or organizational plan and is not presented to solicit any formal vote from the FirstNet Board." Further, the SRC interviewed the relevant FirstNet staff and others, the applicable statutory requirements, the Agenda for the December meeting, and concluded the document was the product of brainstorming and shared for informational purposes only. Further, the Report noted that the consultative process with state, law enforcement and other stakeholders is "extensive and ongoing," including (before and after the April date) direct outreach to 4,500 persons, 45 presentations to state, local and tribal officials, six regional workshops with 500 state, local and tribal officials, and a plan for one on one consultations with state officials.
Serving on the Special Review Committee was chair Wellington Webb, vice chair Ed Reynolds, Chuck Dowd, Dana Hyde (OMB), Jeff Johnson, Suzanne Spaulding (Office of Homeland Security), and Tony West (US Attorney general). The Department of Commerce Office of the Chief Counsel of Economic Affairs also assisted the SRC in review and preparation of the report. Further review continues on ethics and procurement issues.
