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Extracted from Consolidated Report
This investigation was originally published as part of a larger consolidated report containing multiple investigations. View the consolidated PDF for the complete document.
⚠️ Translation Notice: This content has been automatically translated. The original English text is the official version. Translation may contain errors.
⚠️ Este contenido ha sido traducido automáticamente. El texto original en inglés es la versión oficial. La traducción puede contener errores.
Findings 20 findings
F1
Of the 48 District meetings visited: h. Not all Board Members were a. Thirty-seven started on time. prepared for their meeting. Ø 42 TULARE COUNTY GRAND JURY REPORT 2009-2010 i. Thirty-one districts provide benefits Counsel and other local attorneys for all for their Board Members and governing board members.) fourteen pay their Board Members. j. The length of meetings varied 2. School Districts: between ten minutes and four a. Add to the agenda Senate Bill 343 hours. Chapter 298 language and a place k. In five districts Board Members for public comment. were late to the meeting. b. Post meeting agendas 72 hours l. Meeting rooms were a problem for before the Board meeting in a five districts, they did not have a location where it is available for the room for the meeting or the room public to review per the Ralph M. was too small. Brown Act. m. Two districts moved the meeting to c. When the agenda is full of another room without notification business save extra presentations or leaving a notice at the original for another meeting. site where the meeting had relocated. 3. School Board Members: n. On at least two occasions, Board a. Read agenda packets before Members appeared to fall asleep. meetings. b. Be on time.
F2
Page 49
Eight of the 48 districts have complied c. Be professional and business-like, with Senate Bill 343 Chapter 298 do not veer off the agenda or fall (Government Code section 54957.5). asleep. This Senate Bill, which is an amendment d. Keep meetings under 2 hours in to the Ralph M. Brown Act, became order to increase meeting effective July 1, 2008 and requires that participation. Board meeting agendas include a e. Ensure all speakers can be heard notice, that any agenda packet provided by each and every person in to Board Members is available for public attendance. inspection at the district office and/or the district’s web site. 4. If a large group of parents, teachers, and visitors are expected to attend a CONCLUSIONS meeting, find a room large enough to accommodate them before the meeting The majority of Tulare County School Board time. meetings are well run by organized, knowledgeable and supportive people. 5. If the scheduled meeting room is moved However, there are issues that need to another site, post a notice of the new addressing in the preparation and execution location at the original site. of the School Board meetings.
F3
The School Board answered all written and oral questions that were presented by the community.
F4
The Alpaugh School Administration b. Standing water, green with algae in placed on their website (hosted by the several places. Tulare County Office of Education) the c. Newly painted outside walls following: cracking and peeling. “Our school is in good repair, according d. Restrooms with cracks in the cement floors. 1The Williams Settlement Compliance Findings are generated by the Office of Public School Construction. 45 × TULARE COUNTY GRAND JURY REPORT 2009-2010 to the criteria established by the Office 5. Provide the public with accurate of Public School Construction. Our information relative to the existing deficiencies are minor ones resulting conditions of school buildings, from common wear and tear, and there playgrounds, classrooms and overall are few of them. We scored between facilities ratings. 90 and 99 percent on the 15 categories of our evaluation.” 6. Post Uniform Complaint Procedures in every classroom and areas accessible to
F5
Page 52
The Uniform Complaint Form was not the public as required by law. posted in all classrooms and public areas as required by California REQUIRED RESPONSES Education Code Section 35186. Alpaugh Unified School District CONCLUSIONS Tulare County Board o f Education The appalling conditions at the Alpaugh School are detrimental to the learning environment of students and the working environment of staff. The hazardous conditions at the School did not occur over night. The with-holding of designated maintenance funds, by the Administrative staff, to correct known unsafe and unhealthy conditions has exposed students and staff needlessly.
F6
The return address on the complaint was Wilson Elementary School. CONCLUSIONS The Dinuba Unified School District Board of Trustees completed the Wilson Elementary School Principal selection process in a transparent and professional manner with ample opportunity for public comment.
F7
Page 53
One Board Member has lived outside
F8
The above Board Member’s vote was dismissed. the deciding vote necessary to hire 47 × TULARE COUNTY GRAND JURY REPORT 2009-2010 the current Superintendent on paid leave for the remainder of the February 16, 2010 for the 2010- school year. 2011 school year.
F9
Page 54
Board Members, employees and on April 13, 2010 containing 253 consultants who participate in the signatures requesting the removal of government decision-making the Superintendent/Principal for process are prohibited from making a harassing, bullying and threatening contract in which they are members of the community and financially interested, pursuant to teachers who are afraid to come Government Code Section 1090. forward for fear of reprisal.
F10
Page 54
Several Board Members had not read 16. This petition was delivered to the the contracts between the School Board on April 13, 2010 and was not District and Superintendent/Principal read by any Board Member. before or after approving them. None of the Board Members were aware of 17. On February 16, 2010 the the terms and conditions of these Superintendent recommended the contracts including salary, leave and Vice-Principal be hired as the new retirement benefits. Superintendent/Principal for the 2010-2011 school year. The Board
F11
Page 54
The Woodville Union School District took immediate action that evening Parent Handbook contains a Parent on this recommendation and voted to Complaint Form with completion hire the Vice-Principal without any instructions to be found on a knowledge of the terms and particular page. These instructions conditions of the employment are not found on the page number agreement. indicated in the Parent/Student Handbook; however they are on a 18. Some Board Members have never different page. attended school board training. Others have not attended training for
F12
Page 54
In 2004, a Superintendent was hired over 20 years. and his wife was hired as Principal.
F13
Page 54
In 2008, the Superintendent retired altered was not found. and recommended to the Board that his wife assume his Superintendent 20. California Education Code Sections duties as well as her duties as 52852, 52852.5 and 62002.5 Principal in 2009. The Board require schools to have an elected complied with the recommendation School Site Council. There is no data and hired her without posting a job to support the existence of a School opening. Site Council.
F14
On April 9, 2010, the CONCLUSIONS Superintendent/Principal submitted her resignation papers, requesting Although the School Board of Trustees are elected by the registered voters within Ø 48 TULARE COUNTY GRAND JURY REPORT 2009-2010 Woodville School District and given the 3. Board Members read and adhere to responsibility for ensuring accountability the Board By-Laws and operating to the local community, the evidence procedures. shows otherwise. The Board Members have not fulfilled their required 4. Establish a School Site Council as responsibilities. They appear to be a required by California Education rubber stamp used by the two prior school Code. Superintendents.
F15
Page 54
A petition was submitted to the Board
F16
This petition was delivered to the Board on April 13, 2010 and was not read by any Board Member.
F17
On February 16, 2010 the Superintendent recommended the Vice-Principal be hired as the new Superintendent/Principal for the 2010-2011 school year. The Board took immediate action that evening on this recommendation and voted to hire the Vice-Principal without any knowledge of the terms and conditions of the employment agreement.
F18
Some Board Members have never attended school board training. Others have not attended training for over 20 years.
F19
Page 54
Evidence of STAR test scores being
F20
California Education Code Sections 52852, 52852.5 and 62002.5 require schools to have an elected School Site Council. There is no data to support the existence of a School Site Council.
Recommendations 17
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R1Page 44All School Board Members in all Districts Alpaugh Unified School District attend Government 101. (A training Alta Vista Elementary School District initiated by the Tulare County Board of Buena Vista Elementary School District Supervisors facilitated by County Burton Elementary School District 43 × TULARE COUNTY GRAND JURY REPORT 2009-2010 Citrus South Tule Elementary School District Columbine Elementary School District College of the Sequoias Cutler-Orosi Unified School District Dinuba Unified School District Ducor Elementary School District Earlimart Elementary School District Exeter Elementary School District Exeter Union High School Farmersville Unified School District Hope Elementary School District Hot Springs Elementary School District Kings River Union Elementary School District Liberty Elementary School District Lindsay Unified School District Monson-Sutlana Joint Union Elementary School District Oak Valley Union Elementary School District Outside Creek Elementary School District Palo Verde Union Elementary School District Pixley Elementary School District Pleasant View Elementary School District Porterville Unified School District Richgrove Elementary School District Rockford Elementary School District Saucelito Elementary School District Sequoia Union Elementary School District Springville Union Elementary School District Stone Corral Elementary School District Strathmore Union Elementary School District Sundale Union Elementary School District Sunnyside Union Elementary School District Terra Bella Union Elementary School District Three Rivers Union Elementary School District Tipton Elementary School District Traver Joint Elementary School District Tulare City School District Tulare Joint Union High School District Visalia Unified School District Waukena Joint Union Elementary School District Woodlake Union High School Woodlake Union Elementary School District Woodville Union Elementary School District Tulare County Organization for Vocational Education (TCOVE) Tulare County Office of Education (TCOE) Ø 44 TULARE COUNTY GRAND JURY REPORT 2009-2010 THE SKY IS FALLING ALPAUGH SCHOOL DISTRICT
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R2Page 44Hire a licensed contractor to repair corridors, cracked walls, restrooms and any other areas that need repair or replacement.
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R3Page 44Keep up with building repairs as they appear and do not let them go for years when it is almost impossible to repair.
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R4Page 44Contact a California Occupational Safety and Health Administration (Cal/OSHA) Consultant Branch for assistance in correcting identified unsafe and unhealthful conditions. Ø 46 TULARE COUNTY GRAND JURY REPORT 2009-2010 WOODVILLE SCHOOL DISTRICT
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R5If the scheduled meeting room is moved to another site, post a notice of the new location at the original site.
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R6Post Uniform Complaint Procedures in every classroom and areas accessible to the public as required by law.
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R7Update Parent/Student Handbook to comply with all procedures required by law.
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R8Board Members and School Administrators, comply with Government Code Section 1090 regarding conflict of interest.
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R9Board Members attend training available for School Board Members as soon as possible after election and every two years thereafter.
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R10Tulare County District Attorney perform a further investigation to determine whether a violation of Government Code Section 1090 occurred.
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R14On April 9, 2010, the Superintendent/Principal submitted her resignation papers, requesting paid leave for the remainder of the school year.
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R15A petition was submitted to the Board on April 13, 2010 containing 253 signatures requesting the removal of the Superintendent/Principal for harassing, bullying and threatening members of the community and teachers who are afraid to come forward for fear of reprisal.
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R16This petition was delivered to the Board on April 13, 2010 and was not read by any Board Member.
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R17On February 16, 2010 the Superintendent recommended the Vice-Principal be hired as the new Superintendent/Principal for the 2010-2011 school year. The Board took immediate action that evening on this recommendation and voted to hire the Vice-Principal without any knowledge of the terms and conditions of the employment agreement.
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R18Some Board Members have never attended school board training. Others have not attended training for over 20 years.
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R19Evidence of STAR test scores being altered was not found.
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R20California Education Code Sections 52852, 52852.5 and 62002.5 require schools to have an elected School Site Council. There is no data to support the existence of a School Site Council.
Conclusions 12
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CL1The contract negotiated with Sunset economic, real estate, insurance, Waste contains a provision for a appraisal, lobbying, public relations, 13 × TULARE COUNTY GRAND JURY REPORT 2009-2010 ordinance codification and publication, or 2. Offer the senior citizen discount similar such highly specialized services.” specified in the contract. However, if refuse collection does fall 3. If the City intends to use the RFP under this exemption the City failed to process, adopt an ordinance to follow it’s own procedures by failing to specify the process. attach a statement stating the “...reasons
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CL2The City made the assertion that refuse collection is a “specialized The fact that the City considered items in service” and as such would fall under the proposals that were not requested in City Ordinance No. 579, Section the RFP indicates that not all of the 3.36.110 relating to “Professional companies that submitted proposals were and Specialized Services”. This playing on an equal playing field. One section states that it applies to “The company was given preference for acquisition of copyrighted and programs that were not required in the patented items, specialized or RFP and other companies were not professional services, and services allowed to adequately respond. If the City for which there is no reasonable was interested in these programs, all alternative which is of equal or better companies that submitted a proposal quality or nature, shall be made by should have been given the opportunity to following the procedures set forth in respond, or the programs should have this Section. been identified in the RFP. A. The purchase order or contract award for such professional or The City claims that since this was a specialized services or materials proposal and not a bid, City Ordinance No. shall have a copy of a statement 579, Section 3.36.100 does not apply. attached thereto by both the Regardless of what the process is called, a vendor or contractor and the City contract was negotiated in violation of City Administrator stating the reasons Ordinance No. 579, Section 3.36.100. and the specific copyright or The Grand Jury does not believe that patent circumstances which have refuse collection would fall under the given rise to the invoking of this “Professional and Specialized Services” exception to the competitive section of the City Ordinance. Paragraph acquisition process set out in this E of this section states “’Professional Chapter. Services’ means work performed by specially trained and experienced persons, The original of such statement shall firms or corporations rendering be filed with the City Clerk.” professional services and advise (sic) such The Grand Jury was unable to find as accounting, auditing, financial advisory, any such statement. securities underwriting, legal, medical, engineering, architectural, environmental,
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CL3Building maintenance for the Government Plaza was the Emergency and evacuation drills are responsibility of the Tulare County essential and necessary to help save lives Resource Management Agency (RMA) in case of a real emergency. The in December 2009. On January 26, emergency evacuation drill did identify 2010, this responsibility was taken several problematic issues and emergency over by the Tulare County equipment deficiencies. However, not all Administrative Office, General of these issues were discovered at the Services Division. time of the drill. The fact that they were not reported to the Tulare County Safety
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CL4The walk through inspection of the Officer initially, demonstrates the need for Government Plaza revealed: improvement. b. Several emergency lights do not function.
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CL5Board Members address the public only when recognized by the Chairman. This impoverished community has three Districts and a Joint Powers Authority that
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CL6Use a job selection process that ensures must fill their Boards with citizens from within a qualified person is placed in all the service area. A community this small is positions. Promote office staff to unlikely to have enough people with the time, management only when definite interest and experience to function as knowledge, skills and abilities to fill that qualified board members. It appears that the position are demonstrated. needs of the community would be better served by a consolidation to a Public Utilities
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CL7No one other than the Executive District or a Community Service District as Director involve themselves in the day to permitted by law. day operations or management of the Alpaugh JPA. Because Board meetings are not controlled, business cannot be conducted in an orderly
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CL8Amend the By-Laws of the Alpaugh JPA and expeditious manner. This condition is and the Joint Exercise of Powers aggravated by the polarization of the Board. Agreement to appoint an Executive Director only in the absence of a The Alpaugh JPA Board of Directors appear to Manager. have no knowledge of the Joint Exercise of Powers Agreement, the By-Laws or any
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CL9Keep personnel files up to date in a California Government Codes that relate to secure location and provide a written the administration of Special Districts. performance evaluation at least every two years. The over vigilance of staff and yelling at employees created a stressful and hostile
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CL10Comply with Senate Bill 343, which workplace. became law on July 1, 2008, by posting the following notice on the agenda:
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CL11Prior to the consolidation, the firefighters need for equipment and adequate living quarters were lacking. It appears as if the needs of the police were given priority over those of the firefighters. While the City should be commended for cross training police and firefighters, the City should thoroughly investigate the history of the prior consolidation and subsequent separation of functions in an effort to avoid having history repeat itself. Ø 16 TULARE COUNTY GRAND JURY REPORT 2009-2010 EXETER DISTRICT AMBULANCE BOARD ON THE MEND?
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CL12Because jackets for use at the Main Jail roof top exercise area are shared, it is possible to transfer disease and/or infestation.
Comments 1
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CO1The contact person on the complaint had no knowledge that a complaint