Fresno County Grand Jury
2012-2013
Findings & Recommendations
15 findings
F501:
The District’s auditor has repeatedly informed the Board of Directors of deficiencies, and they have failed to adequately address them.
F502:
In a letter to the BOD dated September 30, 2011, the District‘s auditor reported an operating loss of $29,448 noting, “Losses of this magnitude are unsustainable.”
F503:
The District has operated at a loss for 17 of the past 18 years.
F504:
The District is in serious financial trouble due to poor management by the Board of Directors.
F505:
The District has failed to maintain reserves required by the Sewer Revenue Bond Covenant.
F506:
Not all members of the BOD have conducted themselves properly or performed their duties in accordance with the codes that govern special districts.
F507:
The District has inappropriately commingled general funds with those reserved for specific restricted purposes.
F508:
Members of the Board have failed to take advantage of training available from the California Special District Association.
F509:
Written and sufficiently comprehensive bylaws, policies, and procedures to properly guide the District in all phases of its operations are missing.
F510:
The LAFCo MSR pertaining to the District is inadequate in that it does not show the real financial condition of the District when compared to the reports of the District’s own auditor. FY /22/2013 Report #5 – Del Rey Community Services District
F511:
There is a failure of the District to address the needs of its non-English speaking clients from whom a significant part of its revenue is derived.
F512:
The grand jury investigation of the District demonstrates longstanding, deep, and fundamental deficiencies in the management of district operations which have been repeatedly raised over many years without remedy. This is documented by prior grand jury and auditors reports.
F601:
When money is allocated to construct highways, funds are not budgeted for maintenance.
F602:
Additional emphasis on enforcement of laws regarding illegal dumping, improper load coverage, and litter flying or thrown from vehicles is needed.
F603:
Education regarding importance of litter control is needed in our schools and communities. RECOMMENDATIONS
Findings & Recommendations
13 findings
F301:
The overcrowding seen in December 2011 has been significantly reduced.
F302:
Complaints in general, and medical complaints in particular, are being handled well by the 602 process.
F303:
At PVSP there has been a dramatic reduction in the incidence of VF since the Study, and this is likely the result of the CDCR implementing the recommendations of that Study and the completion of nearby construction several years ago.
F304:
An individual once successfully treated for VF will probably have residual scaring of the lung even though in remission, but is not at increased risk of relapse if he/she remains in a hyper-endemic area like PVSP.
F305:
PVSP can decrease its VF incidence by the avoidance of placing inmates in Facility C who are in “at risk” demographic groups or with chronic medical conditions as more broadly defined.
F306:
PVSP can decrease its VF incidence by continually monitoring the status of the air circulation system throughout the entire prison and maintaining optimal functionality.
F307:
The quality of general medical care, and of VF care in particular, received by inmates at PVSP is comparable to that available to non-inmates in Fresno County; PVSP continues to recruit medical personnel to maintain or upgrade its internal medical capabilities.
F308:
There is ample evidence, both posted throughout PVSP and in inmate handouts, that VF education is amply provided.
F309:
Statutes include no provision for former inmates to receive guaranteed lifetime medical care except as available to the general public under state or federal programs. Neither is there any provision of monetary compensation apart from the judicial system.
F310:
The only way to truly reduce inmate risk of contracting VF is not to locate any prisons in hyper-endemic areas; however, broadening the high risk definition would help.
F401:
New Millennium utilizes a mode of instruction that is largely inappropriate for their student population.
F402:
After fifteen years, no more than five percent of New Millennium’s students are proficient in subject matter considered essential for a high school graduate. This is far less than a comparable charter school, S.O.U.L. (Table 1)
F403:
The Fresno Unified School District Board needs to be more involved in ensuring the conditions and stipulations specified in the Memorandums of Understanding and Notices to Cure are responded to in a timely manner and appropriate actions are taken. FY /7/2013
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Findings & Recommendations
5 findings
F107:
R107 R EPORT #2 FRESNO UNIFIED SCHOOL DISTRICT BOARD OF TRUSTEES Fresno County 2012-2013 Grand Jury Report # 2 Fresno Unified School District Board of Trustees INTRODUCTION The Fresno County Grand Jury received a complaint dated June 6, 2012, regarding a Fresno Unified School Board (FUSD) trustee not residing in the area the trustee was elected to represent. BACKGROUND Prior to the November 2010 election, FUSD elected its trustees from specific areas. Considered an “at large” election method, this required trustees to live within a specific geographic sub area of the district and be elected by all voters in the entire FUSD. In the November 2010 election, and in compliance with the California Voters Right Act, FUSD implemented a “by trustee area” election method. Trustees are now required to live within a specific geographic sub area and be elected by the voters in that same sub area. The following legal documents were reviewed: FUSD Board Bylaw 9220 “Any person is eligible to be a board member if he/she is 18 years of age or older, a citizen of the state, a resident of the school district, a registered voter not legally disqualified from holding civil office, and resides in designated trustee areas.” Governor’s Code 244 (a) “Residence is the place where one remains when not called elsewhere for labor or other special or temporary purpose, and to which he or she returns in seasons of repose.” Candidate Election Qualifications Current filing procedure in the Fresno County Elections Office is that an applicant for a FUSD trustee position must provide their current residence address. The election office checks to determine if the applicant is a registered voter and confirms that the address given is in the designated trustee area. FY /6/13 Report #2 - Fresno Unified School District Board of Trustees At the completion of the election, the winning candidate is certified by the Secretary of State. Removal from an elected office can only be done by recall vote or quo warranto civil action. Purpose of Investigation Determine if the trustee in question fulfilled the legal requirements of the California education Code and the FUSD Board of Trustees Policy 9220 Determine when and how bylaws are reviewed and revised Determine the authority of the FUSD Board of Trustees to enforce bylaws Discussion The grand jury committee conducted an in-depth investigation of the facts pertaining to residency of trustee in question and if the trustee complied with the intent of the law by living in the area in which trustee was elected. The complaint regarding the trustee in question was resolved when the trustee submitted a letter of resignation. The committee then redirected the investigation as to how the same situation could be prevented from happening in the future. Testimony from several witnesses revealed that the FUSD bylaws are not reviewed and enforced consistently. The established process for reviewing and revising the bylaws is ineffective. Conclusion Fresno Unified School District has over 80,000 students and several hundred staff and faculty. Many good things are taking place to improve students’ academic performance. The FUSD Board of Trustees and staff should be applauded for making progress. It is now time to continue the advancement of the district and focus on improving the internal governance structure. Honest and open communication is essential. Bylaws need to be kept current and must be enforced. Findings F-201 Review of bylaws is not conducted on a regular basis F-202 There is a reluctance to enforce bylaws F-203 Current board policy disregards financial accounting regarding trustee absences at board meetings F-204 Misunderstandings have caused discord as to how the trustees and district level administrative governance works FY /6/13 Report #2 - Fresno Unified School District Board of Trustees
F201:
R201 B. MARY BETH DE GOEDE, Atkinson, Andelson, Loya, Ruud & Romo
F202:
There is a reluctance to enforce bylaws
F203:
Current board policy disregards financial accounting regarding trustee absences at board meetings
F204:
Misunderstandings have caused discord as to how the trustees and district level administrative governance works FY /6/13 Report #2 - Fresno Unified School District Board of Trustees Recommendations
Findings & Recommendations
2 findings
F401:
through F402, F404 through F405
F402:
R401 through R405 C. VICKI CROW Auditor-Controller/ Treasurer-Tax Collector, County of Fresno
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Findings & Recommendations
1 findings
F302:
R301 through R302 B. RAMON J. ZUBIRI Board Member, Coalinga-Huron Joint Unified School District
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Findings & Recommendations
1 findings
F501:
through F503, F505 through F507