The Grand Jury investigated the actions of the School Board based on complaints regarding possible violations of the Brown Act. Testimony and review of Board meeting tapes and actions led the Grand Jury to believe that there is some validity to the allegations.
The Grand Jury concluded that while board members have the best interest of the students and community in mind, they have often overstepped their roles. This is due to a distrust of past administrations and a lack of adequate training regarding their roles and responsibilities. The Grand Jury found one conflict of interest and several violations of board policy. Board meeting minutes are vague and do not accurately reflect Board actions.
The Grand Jury requests that School Superintendent respond within 60 days and the School Board respond within 90 days from the official filing date of this report as required by Penal Code 933(c).
Authority to Investigate
Penal Code Section 933.5 authorizes the Grand Jury to review the operation of any special district. As required by Penal Code Section 916, at least twelve Grand Jurors voted to investigate complaints regarding the School Board.
Method of Review
Members of the Grand Jury conducted interviews with the following people:
Additionally, members of the Grand Jury reviewed:
Upon receiving complaints alleging serial meetings by the School Board, the Grand Jury conducted an investigation. The Grand Jury learned that the Board was forced to rescind an action because the action violated the Brown Act. The issue involved the 1998/99-school calendar.
The District Attorneys Office stated that for many years it has received numerous complaints of Brown Act violations. The District Attorneys Office has written to past School Boards advising them of this, but results were short lived.
During the selection of a superintendent, the School Board traveled to southern California. The Board decided, without a formal vote, to purchase airline tickets from a travel agency where one of the board members is an employee.
Although board policy encourages board members to attend training workshops, new board members are not required to participate in any school board training. Incoming board members often do not get the opportunity to attend. According to the bylaws, board members and the Superintendent give advice to new board members on their roles and responsibilities. This does not always occur.
Bylaw 9400 states that the Board will annually participate in a self-evaluation and develop goals and objectives against which the board will be evaluated. An important part of the evaluation includes suggestions for continued board member development. Interviews with board members revealed that they are not currently performing this evaluation.
Board policies have not been revised for several years. The Board is currently in the process of purchasing new software to assist them with updating and revising policies.
Records are poorly kept. Some documents requested by the Grand Jury were unavailable. The Grand Jury received testimony that a previous legal opinion provided to the district was also unavailable.
Fiscal practices are a source of concern for the Grand Jury. Board members approve checks at board meetings as consent agenda items after the checks have already been issued. It is more difficult to get money back after spending it than it is to prevent payment in the first place.
The Grand Jury reviewed minutes of all board meetings held during its term. On many occasions it was necessary to refer to the tapes of the meetings as the minutes did not always accurately reflect Board actions. Agendas refer to page numbers in Board packets that board members have. The only access the public has at the meetings is a single copy at the back of the boardroom. Public members the Grand Jury interviewed expressed concern about this lack of readily available information.
This lack of information gives the public the impression that board members decide issues outside the Board meeting or has no interest in the publics input. This creates distrust between citizens and the School Board. It detracts from the important issues facing the school district.
The Brown Act, Open Meetings for Local Legislative Bodies (Attorney Generals Office, Public Inquiry Unit, 1994)
The Brown Act, 1997 Supplement, California Attorney Generals Office, State of California, 1997