Santa Clara County Grand Jury • 2010-2011

2010-2011 Santa Clara County Civil Grand Jury Report Burbank Revisited:

Published: June 23, 2011 28 pages
View Original PDF

Findings and Recommendations 8 findings

F1
Mr. Rodriguez was overly influential in LBSD governance as a consultant. His consultant contract was overly broad and placed inadequate limits on the scope of his duties. Despite his having only a consultant status, Mr. Rodriguez was permitted to exercise direct authority over staff and was given unlimited access to confidential records.
Related Recommendations (3)
R1a
The Board should limit consultant contracts to specific purposes and specific time frames.
R1b
The Board should ensure that consultants have no direct authority over staff.
R1c
The Board should ensure that consultants have no access to confidential records, except for matters within the specific and limited scope and purpose of their contract, and in such cases only under supervision of LBSD staff. 12
F2
There is minimal security or control over financial, personnel, and other sensitive District documents and records. There are inadequate systems in place to track the movement of these records.
Related Recommendations (1)
R2
The Board should establish a secure facility, onsite or otherwise, to store vital LBSD records, and establish a strict protocol, such as formal logs showing document removal and return with reason for request, for access to and removal of confidential documents and records.
F3
The LBSD has a record of poor management predating the 2007-2008 Grand Jury report. This situation continues to exist with minimal improvement.
Related Recommendations (2)
R3a
The LBSD Board should resolve to consolidate with another school district and take the requisite steps to begin that process. (See the 2009-2010 Grand Jury report entitled “Achieving School District Efficiency Through Consolidation”).
R3b
Alternatively, the LBSD Board should work with SCCOE to consolidate its business functions with the other one-school school districts in the county through a Joint Powers Authority.
F4
Members of the LBSD Board continue to receive inadequate training to properly fulfill their roles as board members.
Related Recommendations (3)
R4a
The District should obtain educational/training programs for the existing and all new Board members. It should be a requirement that new Board members attend this program after they are elected and before taking office.
R4b
The District should obtain continuing education on best practices for school governance for all Board members throughout their tenure in office.
R4c
The LBSD Board should attend board meetings at other districts to learn best practices for operating as a board. 13
F5
Staff and Board Members have been restricted from contacting authorized legal counsel without permission of the Board President. There is no Board Policy to support this directive.
Related Recommendations (1)
R5
The Board should develop a Policy and Procedure defining the process for authorized legal counsel contact.
F6
In response to the 2008-2009 Grand Jury Report, the LBSD made a commitment to publish an audit report on the use of Measure A funds. There is no published audit report regarding expenditures of Measure A funds, as promised.
Related Recommendations (1)
R6
The District should meet its commitments to the community by conducting an audit and creating an audit report regarding expenditures of Measure A funds.
F7
Mr. Rodriguez misled a Board member and members elect by suggesting that they could meet and reach consensus on matters coming before the Board. His email dated November 7, 2010 proposed meeting with Board members as a group prior to their swearing in. This email uses language which indicates an effort to circumvent the Brown Act.
Related Recommendations (1)
R7
All LBSD administrators and Board members should be trained to understand their responsibilities and obligations with respect to the Brown Act and abide by them.
F8
It is difficult for the general public to reach individual Board members.
Related Recommendations (1)
R8
The LBSD Board should institute procedures to facilitate improved citizen communication with the Board and District officials. The Board should post email contact information on the LBSD website for each Board member.

Conclusions 11