"iii'~dak ,.~-.I~iRDVE Filed School District

R1

Each Board should revisit this subject infuture CBA negotiations to ensure that competency is the determinant factor in thejob candidate selection process. Response: The recommendation will not be implemented. The Oak Grove School District's CBAs with classified employees in the CSEA and AFSCME units allow for the District to hire only those qualified and competent and meet the requirements to be considered for a position. California Government Code 19170 allows for termination of a classified employee within the first six months of an assignment if competency is not shown. Certificated employees must pass probationary periods to continue in their assignment and all CBAs reflect District rights to terminate in accordance with Education Code. Tony Garcia, Superintendent BoardofTrustees: YvonneCook, Dennis Hawkins, Dianne Lemke, Jeremy Nishihara, MaryNoel An Equal OppoTtuniry/Mfirmative Action Employer ----------------- -.1. - Our mission ... "to ensure that every child's potential is achieved." Findine: 2 The PAUSD utilizes aprocess that requires teacher job applicants to teach demonstration lessons which are subsequently scored by a qualified review team. The scores are utilized as significant factors in hiring decisions. Response: The Oak Grove School District agrees with the finding that PAUSD has this process in place, but disagrees that this part of their hiring process, if not incorporated in Oak Grove, results in a less quality teacher. The largest hiring pool Oak Grove has comes from its university intern and student teacher partnerships, internal substitute pool, and veteran teachers coming from other school districts wishing to be part of Oak Grove. Oak Grove has the opportunity to observe more than once, and in many instances, a year long observation of many teaching lessons prior to hiring. This observation is done by qualified site administrators and/or district office personnel.

R2

All Districts should consider adopting interview practices like PAUSD which provide opportunities for applicants to demonstrate their teaching skills. Response: The Grand Jury recommendation will not be implemented or formally adopted because it is not warranted. Oak Grove has practices and options in place to observe candidates prior to selection. Findine: 3 Twenty-two of the 32 Districts have policies covering the hiring of employee and Board member relatives. Response: The Oak Grove School District agrees with the findings.

R3

All Boards shouldformulate and implement policies covering the hiring ofrelatives, including the disclosure of anyfamilial relationships to the Board, to avoid the appearance ofbias orfavoritism in the recruitment andjob assignment processes. Response: The recommendation has been partially implemented, in the fact that our current Board Policy, BP 4012.8, mandates that no employee shall be appointed to a position where an immediate family member maintains direct supervisory or evaluation responsibilities for the position. As recommended by the Grand Jury, the most qualified should be considered and no issues have risen to the level of concern of having relatives work in Oak Grove. Findine: 4 Twenty-two of the 32 Districts do notpermit employees to beplaced in direct reporting relationships to their relatives. Thefollowing 10Districts stated they do not have written policy regarding the direct supervisory relationship of related employees. Sant LMMMMBECCU a uevauiooontrelC mpruuhiprrogel nneyigb a ntrarettrar rtansea iisiPansBenanonl CHueUr o aiVbUnlUu slaiia nnefnninUtiwiey kootdn-nnWiGfihera ids n m d an Jury -3- July 20,2010 ••••••••• • Response: The Oak Grove School District agrees with the findings.

R4

The Boards of the Districts listed in Finding 4 should formulate and implement apolicy prohibiting direct employee supervision of spouses and other relatives. Response: This recommendation has been implemented with Board Policy 4012.8 Findinl!:5 Thefollowing 18Districts allow the Superintendent to override thepolicy of not permitting relatives to beplaced in direct reporting relationships to current employees, on a case-by-case basis: • Alum Rock Union • Campbell Union • Campbell Union High School • East Side Union • Franklin-McKinley • Loma Prieta Joint Union • Los Altos • Los Gatos-Saratoga Joint Union • Los Gatos Union • Moreland • Mountain View-Los Altos • Oak Grove • Orchard • Palo Alto Unified • San Jose Unified • Saratoga Union • Sunnyvale • Santa Clara County Office of Education Response: The Oak Grove School District agrees with the findings.

R5

Boards should adopt apolicy of reviewing all Superintendent decisions that override the policy that pertains to theplacement of related employees in direct reporting positions. Response: The recommendation has been implemented. Board Policy 4012.8 mandates that an employee shall not be appointed to a position where an immediate family member maintains direct supervisory or evaluation responsibilities for the position. The Superintendent in Oak Grove can only approve of an employee working in the same department, but cannot be supervised by an immediate family member. Findine: 6 Fourteen of the 32 Districts are aware of and/or document the number and names of related employees. Thefollowing Districts do not document this information: • Alum Rock Union • Berryessa Union • Campbell Union • Cupertino Union • East Side Union • Franklin-McKinley • Fremont Union • Gilroy Unified • Loma Prieta Joint Union • Moreland • Morgan Hill Unified • Mount Pleasant • Mountain View-Los Altos • Oak Grove • Palo Alto Unified • San Jose Unified • Santa Clara Unified • Santa Clara County Office of Education Response: The Oak Grove School District agrees with the findings.

R6

The Boards of the Districts listed in Finding 6should implement apolicy of identifying familial relationships and tracking such data. Response: The recommendation will not be implemented because it is not warranted. The Oak Grove School District hiring process requires that hiring managers follow the nepotism policy (BP 4012.8); family relationships in the District have not been an issue, and hiring mangers are fully aware of this issue in hiring. Findinl!;7 Only Los Gatos-Saratoga Joint Union and the Palo Alto Unified Districts responded that they ask about familial relationships on theirjob applications. Response: The Oak Grove School District agrees with the findings.

R7

All Boards should implement measures to identifYfamilial relationships during the hiring process. Response: The recommendation will not be implemented because it is not warranted. As stated by the Grand Jury, the most qualified candidates should be considered. Related employees cannot have direct supervisory roles, and this has not been an issue in Oak Grove; therefore, will not be implemented. Dianne J. Lemke President, Board of Trustees DL:TG:cm