An outside investigation has found that former superintendent and his wife — its recently fired HR director — “more likely than not” violated board policy in their dealings with a company called Education Accelerated and spent district money on personal travel.
The report released by the district late Monday is the result of a law firm’s probe of former Superintendent Christopher Smith and Brenda Smith, who was the district’s chief human resources director. It says the potential policy violations happened in their relationship with the company and in trips they took using district money.
The investigation did not find evidence that “the Smiths had any conflicts of interest or accepted improper gifts.” The Denver Post on Sunday reported on concerns raised by ethics experts about the Smiths’ acceptance of at least two international trips paid for by international schools with ties to .
Christopher and Brenda Smith accepted the trips before and after they approved nearly $3 million worth of contracts with Education Accelerated, which was hired by the district in 2023 to help create a teacher residency program, The Post found.
Emails reviewed by The Post also suggested personal travel between the Smiths and Education Accelerated executives.
The monthslong investigation for the district by an outside law firm, , found that the Smiths “had a close personal relationship with EA’s principal, David Palumbo, and further that the Smiths actively discouraged criticism of EA by district employees."
“… (W)e find that it is more likely than not that the Smiths violated board policy by engaging in favoritism toward EA and EA-related vendors and creating the appearance of impropriety,” the attorneys wrote.
The Smiths more likely than not violated board policy in their dealings with Education Accelerated, the investigation found, including when Brenda Smith approved the company’s travel expenses and when she signed off on a contract with the company that exceeded her authority.
Cherry Creek Schools paid Education Accelerated more than $1.9 million between May 2023 and January, including more than $110,000 in approved travel expenses, according to the report.
The Smiths also took trips using district money that included personal travel, according to the report.
“The Smiths failed to exercise consistent, close control over their travel expenses to ensure that all expenses were “appropriate and necessary travel costs in carrying out their authorized duties” and “related to district business," the attorneys wrote.
Interim Superintendent Jennifer Perry and the Board of Education announced Friday that the district had terminated Brenda Smith's employment because of the law firm's findings. The district will continue to pay her until the end of her contract, which expires in late June. She will not receive any additional benefits, according to the district.
Christopher Smith resigned as superintendent in January.
The district hired Caplan & Earnest to investigate business travel expenses and vendor contracts approved by the couple after Christopher Smith's resignation.
Cherry Creek Schools doesn't know yet how much the district spent on the third-party investigation, spokeswoman Ashley Verville said.
Brenda Smith was hired in 2019 and received a $232,142.40 salary.
The Smiths were married before either worked for the district. Brenda Smith reported to a deputy superintendent after the school board hired her husband in 2021, according to a district memo.
This is a developing story and will be updated.
