Amador County Grand Jury
• 2015-2016
Notice to Respondents Response Requirements: The legal requirements for responses to the Grand jury findings and
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Findings and Recommendations 19 findings
F1
The Board president, on more than one occasion, did act as an individual rather than speaking for the entire School Board, thus violating Board policy.
Related Recommendations (1)
R7
The Board self-evaluation form which the Board adopts should continue to have a separate section for Board Training. This section should include specific goals to ensure that all trustees receive Ethics and Brown Act trainings, as mandated by Government Code 53235, and that all trustees receive the supplemental training that all agreed would help to improve Board performance. This supplemental training, at a minimum, should include interpersonal skills, effective communication, and performance evaluation with SMART goals training. (Findings 1, 3, 4, 5, 6, 10)
F2
The current trustee censure policy, Board Bylaw “9401 – Trustee Censure Policy”, revised on October 08, 2014, allows the Board to decide whether to review or take action on any complaint of trustee misconduct.
Related Recommendations (1)
R1
The present trustee censure policy, Board Bylaw “9401 – Trustee Censure Policy”, should be revised. An ad hoc committee of a minimum of two trustees, not subject to the complaint, will review and investigate the complaint. The subject of the complaint should not have a vote on the outcome of the complaint. (Finding 2)
F3
On more than one occasion, the Board president engaged in unprofessional behavior by raising his voice. Three interviewees defined the raised voice as “yelling”, and the behavior as intimidating.
Related Recommendations (2)
R8
The Board self-evaluation form which the Board adopts should include a separate section which at the end of the evaluation year will list all Board trainings, broken down by individual trustee, including the training date, course title, and the training provider’s name. (Findings 5, 6, 7) R 9. Board Bylaw “9240 – Board Development”, should be revised to mandate that at least once annually all trustees attend a training together which focuses on interpersonal skills and effective communication skills. (Findings 3, 4, 5, 6)
R9
Board Bylaw “9240 – Board Development”, should be revised to mandate that at least once annually all trustees attend a training together which focuses on interpersonal skills and effective communication skills. (Findings 3, 4, 5, 6) R10. Board Bylaw “9240 – Board Development” should be revised to specify that the Board submit their mandated and supplemental training activities and costs to the Superintendent within two weeks of completing each training, and that the superintendent shall create a spreadsheet of all trustee training to be stored on the computer in the Superintendent’s office. This Bylaw should state that the spreadsheet will contain a record of all trustee training broken down by individual trustee, and that it will include the training date, course title, course provider, and whether the training was mandatory or supplemental. Additionally, this Bylaw should state that all records should be maintained for five years after the training, which is mandated for Ethics and Brown Act training records per Government Code 53235.2, which states, “…these records are disclosable public records and must be maintained for five years after the training”. Finally, this Bylaw should state that the hardcopy records of trustee training will be filed in the board member’s individual files in the Superintendent’s office, and stored for the same period of time as the computerized files. (Finding 7) R11. Board Bylaw “9240 – Board Development” should be revised to include specific timeframes for the Board to meet as a whole, to set Board goals and objectives, to review Board progress towards meeting these goals and objectives, and to do a final assessment of Board performance. This Bylaw should state that the timeframe will specify that the Board will set these goals and objectives prior to the evaluation period, will review their progress towards achieving these goals and objectives midway through the evaluation period, and will discuss the completed composite Board evaluation at the end of the evaluation period, when they will set new goals for the following year. (Findings 8, 9, 10) 26 R12. The ACUSD in response to a past Grand Jury’s finding agreed to develop a plan for lighting the main parking lot at Argonaut High School. The self imposed deadline for planning and implementation of the lighting project has long since passed and the Board still has not presented a plan. Due to the obvious safety concerns of inadequate lighting in the parking lot the Grand Jury strongly recommends that the Board place a high priority on resolving this problem. (Finding 17) R13. The Board should set aside funds from the approximately $332,000 District surplus of the 2015-2016 school year, to be used specifically to fund the costs of installing additional lighting in the main parking lot of Argonaut High School. (Findings 17, 18) R14. In order to prevent possible Brown Act violations and to ensure that the public receive a response to communications sent to the Board or individual trustees, the Board should develop a Correspondence Bylaw and Policy to address how this correspondence should be processed, reviewed, and responded to. This Bylaw should include a tracking process for all of the received correspondence, which will then be stamped with a date and reference number. This Bylaw will also state that a trustee correspondence file will be kept on the computer, and will contain the date that the correspondence was received, the trustee it was addressed to, the name and return address of the sender, and the date and method that it was given to the trustee. (Finding 11) R15. The Board should conduct a performance evaluation for the Superintendent annually, and develop a new performance evaluation form which will be used each year, containing SMART goals and objectives, i.e., goals that are specific, measurable, attainable, relevant, and time- bound. The Board should meet with the Superintendent three times during the evaluation period: prior to the evaluation period to discuss the process, goals and objectives, halfway through the evaluation period to assess the Superintendent’s progress, giving and receiving feedback, and close to the end of the evaluation period to complete a final evaluation. The Superintendent’s performance evaluation, including any response, should be maintained in the District Office for the term of his or her employment, and three years thereafter. Any existing Board Bylaws and policies should be revised to reflect this recommendation. (Findings 13, 14) R16. The Grand Jury recommends that the 2016-2017 Grand Jury follow up on the Board’s response to the Grand Jury recommendations. These recommendations include the following Bylaws, documents, and actions: Board Bylaw “9401-Trustee Censure Policy” Board Bylaw “9400-Board Self-Evaluation” Board Bylaw “9240-Board Development” Board Correspondence Policy Board Self-Evaluation Form Superintendent’s Evaluation Form Argonaut High School Main Parking Lot Lighting 27 REQUEST FOR RESPONSES Pursuant to Penal Code section 933 (c), a response to this report is required. No later than 90 days after the Grand Jury submits a Final Report on the operations of any public agency subject to its reviewing authority, the governing body of the public agency shall comment on the findings and recommendations.
F4
Board Bylaw “9322 – Agenda/Meeting Materials”, specifies the two trustees who are required to attend the Board Agenda Planning Meetings. Both of the required trustees were responsible for one of the required trustees not attending these meetings for several years. As of January 2016, both required trustees are attending the Board Agenda Planning Meetings.
No recommendations for this finding
F5
Board Bylaw “9240 – Board Development”, was revised by the Board on January 14, 2015 and on April 22, 2015, in response to two requests by the Grand Jury. The revised Bylaw requires trustees to attend Ethics and Brown Act classes, as mandated by Government Code section 53235, and states that trustees may also receive supplemental training. It also states that trustees shall report to the Board on the in-service activities which they attend, and states that the trustees will submit an annual report of mandated and supplemental training. The revised Board Bylaw does not state to whom or in what format the annual training report should be submitted, or for how long the annual training report should be maintained.
Related Recommendations (1)
R8
The Board self-evaluation form which the Board adopts should include a separate section which at the end of the evaluation year will list all Board trainings, broken down by individual trustee, including the training date, course title, and the training provider’s name. (Findings 5, 6, 7) R 9. Board Bylaw “9240 – Board Development”, should be revised to mandate that at least once annually all trustees attend a training together which focuses on interpersonal skills and effective communication skills. (Findings 3, 4, 5, 6)
F6
As of the May 25, 2016 completion of this report, all trustees except the Board president have received the mandated Ethics training which includes the Brown Act. All trustees have received some supplemental training. The ACUSD interim superintendent has indicated that all trustees have been invited to attend “Ethics Training for Elected Officials” on June 13, 2016, and that all trustees confirmed their availability to attend.
No recommendations for this finding
F7
Prior to April 2016, the process used to generate a list of all trustee trainings involved both accessing computerized accounting records and retrieving Conference Request Forms from individual trustee files stored in the District Superintendent’s office. In May, 2016, a Board Member Training file was implemented, and included in the Superintendent’s Office files. A spreadsheet titled “Annual Report of Mandated and Supplemental Training Activities and Cost 2014-2016”, was presented at the May 11, 2016 Board meeting. 22
Related Recommendations (2)
R9
Board Bylaw “9240 – Board Development”, should be revised to mandate that at least once annually all trustees attend a training together which focuses on interpersonal skills and effective communication skills. (Findings 3, 4, 5, 6) R10. Board Bylaw “9240 – Board Development” should be revised to specify that the Board submit their mandated and supplemental training activities and costs to the Superintendent within two weeks of completing each training, and that the superintendent shall create a spreadsheet of all trustee training to be stored on the computer in the Superintendent’s office. This Bylaw should state that the spreadsheet will contain a record of all trustee training broken down by individual trustee, and that it will include the training date, course title, course provider, and whether the training was mandatory or supplemental. Additionally, this Bylaw should state that all records should be maintained for five years after the training, which is mandated for Ethics and Brown Act training records per Government Code 53235.2, which states, “…these records are disclosable public records and must be maintained for five years after the training”. Finally, this Bylaw should state that the hardcopy records of trustee training will be filed in the board member’s individual files in the Superintendent’s office, and stored for the same period of time as the computerized files. (Finding 7) R11. Board Bylaw “9240 – Board Development” should be revised to include specific timeframes for the Board to meet as a whole, to set Board goals and objectives, to review Board progress towards meeting these goals and objectives, and to do a final assessment of Board performance. This Bylaw should state that the timeframe will specify that the Board will set these goals and objectives prior to the evaluation period, will review their progress towards achieving these goals and objectives midway through the evaluation period, and will discuss the completed composite Board evaluation at the end of the evaluation period, when they will set new goals for the following year. (Findings 8, 9, 10) 26 R12. The ACUSD in response to a past Grand Jury’s finding agreed to develop a plan for lighting the main parking lot at Argonaut High School. The self imposed deadline for planning and implementation of the lighting project has long since passed and the Board still has not presented a plan. Due to the obvious safety concerns of inadequate lighting in the parking lot the Grand Jury strongly recommends that the Board place a high priority on resolving this problem. (Finding 17) R13. The Board should set aside funds from the approximately $332,000 District surplus of the 2015-2016 school year, to be used specifically to fund the costs of installing additional lighting in the main parking lot of Argonaut High School. (Findings 17, 18) R14. In order to prevent possible Brown Act violations and to ensure that the public receive a response to communications sent to the Board or individual trustees, the Board should develop a Correspondence Bylaw and Policy to address how this correspondence should be processed, reviewed, and responded to. This Bylaw should include a tracking process for all of the received correspondence, which will then be stamped with a date and reference number. This Bylaw will also state that a trustee correspondence file will be kept on the computer, and will contain the date that the correspondence was received, the trustee it was addressed to, the name and return address of the sender, and the date and method that it was given to the trustee. (Finding 11) R15. The Board should conduct a performance evaluation for the Superintendent annually, and develop a new performance evaluation form which will be used each year, containing SMART goals and objectives, i.e., goals that are specific, measurable, attainable, relevant, and time- bound. The Board should meet with the Superintendent three times during the evaluation period: prior to the evaluation period to discuss the process, goals and objectives, halfway through the evaluation period to assess the Superintendent’s progress, giving and receiving feedback, and close to the end of the evaluation period to complete a final evaluation. The Superintendent’s performance evaluation, including any response, should be maintained in the District Office for the term of his or her employment, and three years thereafter. Any existing Board Bylaws and policies should be revised to reflect this recommendation. (Findings 13, 14) R16. The Grand Jury recommends that the 2016-2017 Grand Jury follow up on the Board’s response to the Grand Jury recommendations. These recommendations include the following Bylaws, documents, and actions: Board Bylaw “9401-Trustee Censure Policy” Board Bylaw “9400-Board Self-Evaluation” Board Bylaw “9240-Board Development” Board Correspondence Policy Board Self-Evaluation Form Superintendent’s Evaluation Form Argonaut High School Main Parking Lot Lighting 27 REQUEST FOR RESPONSES Pursuant to Penal Code section 933 (c), a response to this report is required. No later than 90 days after the Grand Jury submits a Final Report on the operations of any public agency subject to its reviewing authority, the governing body of the public agency shall comment on the findings and recommendations.
R10
Board Bylaw “9240 – Board Development” should be revised to specify that the Board submit their mandated and supplemental training activities and costs to the Superintendent within two weeks of completing each training, and that the superintendent shall create a spreadsheet of all trustee training to be stored on the computer in the Superintendent’s office. This Bylaw should state that the spreadsheet will contain a record of all trustee training broken down by individual trustee, and that it will include the training date, course title, course provider, and whether the training was mandatory or supplemental. Additionally, this Bylaw should state that all records should be maintained for five years after the training, which is mandated for Ethics and Brown Act training records per Government Code 53235.2, which states, “…these records are disclosable public records and must be maintained for five years after the training”. Finally, this Bylaw should state that the hardcopy records of trustee training will be filed in the board member’s individual files in the Superintendent’s office, and stored for the same period of time as the computerized files. (Finding 7)
F8
On April 22, 2015, as recommended by the 2014-2015 Grand Jury, the Board publicly presented a composite Board self-evaluation based on individual trustee self-evaluations. A review of the audio record of the April 22, 2015 Board meeting showed that the Board discussion on this topic was brief and didn’t include discussion on the evaluation process nor the results.
Related Recommendations (3)
R3
Board Bylaw “9400 – Board Self-Evaluation”, should be revised to state that the Board shall complete a group self-evaluation process. This Bylaw should state that the Board will meet approximately thirty days prior to the end of the evaluation period to discuss the composite Board evaluation, complete a written assessment of whether the Board met their goals, and write new goals for the upcoming evaluation year. Additionally, this Bylaw should state that the Board will publicly present at their next Board meeting the compiled Board Self-Evaluation, the written assessment, and the self-evaluation form which the Board will use for the new evaluation year, with any new goals contained in a separate section. (Findings 8, 9, 10, 11)
R9
Board Bylaw “9240 – Board Development”, should be revised to mandate that at least once annually all trustees attend a training together which focuses on interpersonal skills and effective communication skills. (Findings 3, 4, 5, 6) R10. Board Bylaw “9240 – Board Development” should be revised to specify that the Board submit their mandated and supplemental training activities and costs to the Superintendent within two weeks of completing each training, and that the superintendent shall create a spreadsheet of all trustee training to be stored on the computer in the Superintendent’s office. This Bylaw should state that the spreadsheet will contain a record of all trustee training broken down by individual trustee, and that it will include the training date, course title, course provider, and whether the training was mandatory or supplemental. Additionally, this Bylaw should state that all records should be maintained for five years after the training, which is mandated for Ethics and Brown Act training records per Government Code 53235.2, which states, “…these records are disclosable public records and must be maintained for five years after the training”. Finally, this Bylaw should state that the hardcopy records of trustee training will be filed in the board member’s individual files in the Superintendent’s office, and stored for the same period of time as the computerized files. (Finding 7) R11. Board Bylaw “9240 – Board Development” should be revised to include specific timeframes for the Board to meet as a whole, to set Board goals and objectives, to review Board progress towards meeting these goals and objectives, and to do a final assessment of Board performance. This Bylaw should state that the timeframe will specify that the Board will set these goals and objectives prior to the evaluation period, will review their progress towards achieving these goals and objectives midway through the evaluation period, and will discuss the completed composite Board evaluation at the end of the evaluation period, when they will set new goals for the following year. (Findings 8, 9, 10) 26 R12. The ACUSD in response to a past Grand Jury’s finding agreed to develop a plan for lighting the main parking lot at Argonaut High School. The self imposed deadline for planning and implementation of the lighting project has long since passed and the Board still has not presented a plan. Due to the obvious safety concerns of inadequate lighting in the parking lot the Grand Jury strongly recommends that the Board place a high priority on resolving this problem. (Finding 17) R13. The Board should set aside funds from the approximately $332,000 District surplus of the 2015-2016 school year, to be used specifically to fund the costs of installing additional lighting in the main parking lot of Argonaut High School. (Findings 17, 18) R14. In order to prevent possible Brown Act violations and to ensure that the public receive a response to communications sent to the Board or individual trustees, the Board should develop a Correspondence Bylaw and Policy to address how this correspondence should be processed, reviewed, and responded to. This Bylaw should include a tracking process for all of the received correspondence, which will then be stamped with a date and reference number. This Bylaw will also state that a trustee correspondence file will be kept on the computer, and will contain the date that the correspondence was received, the trustee it was addressed to, the name and return address of the sender, and the date and method that it was given to the trustee. (Finding 11) R15. The Board should conduct a performance evaluation for the Superintendent annually, and develop a new performance evaluation form which will be used each year, containing SMART goals and objectives, i.e., goals that are specific, measurable, attainable, relevant, and time- bound. The Board should meet with the Superintendent three times during the evaluation period: prior to the evaluation period to discuss the process, goals and objectives, halfway through the evaluation period to assess the Superintendent’s progress, giving and receiving feedback, and close to the end of the evaluation period to complete a final evaluation. The Superintendent’s performance evaluation, including any response, should be maintained in the District Office for the term of his or her employment, and three years thereafter. Any existing Board Bylaws and policies should be revised to reflect this recommendation. (Findings 13, 14) R16. The Grand Jury recommends that the 2016-2017 Grand Jury follow up on the Board’s response to the Grand Jury recommendations. These recommendations include the following Bylaws, documents, and actions: Board Bylaw “9401-Trustee Censure Policy” Board Bylaw “9400-Board Self-Evaluation” Board Bylaw “9240-Board Development” Board Correspondence Policy Board Self-Evaluation Form Superintendent’s Evaluation Form Argonaut High School Main Parking Lot Lighting 27 REQUEST FOR RESPONSES Pursuant to Penal Code section 933 (c), a response to this report is required. No later than 90 days after the Grand Jury submits a Final Report on the operations of any public agency subject to its reviewing authority, the governing body of the public agency shall comment on the findings and recommendations.
R11
Board Bylaw “9240 – Board Development” should be revised to include specific timeframes for the Board to meet as a whole, to set Board goals and objectives, to review Board progress towards meeting these goals and objectives, and to do a final assessment of Board performance. This Bylaw should state that the timeframe will specify that the Board will set these goals and objectives prior to the evaluation period, will review their progress towards achieving these goals and objectives midway through the evaluation period, and will discuss the completed composite Board evaluation at the end of the evaluation period, when they will set new goals for the following year. (Findings 8, 9, 10) 26
F9
All trustees interviewed in January and February of 2016, stated that the Board didn’t discuss the completed individual self-evaluations nor the composite Board self-evaluation prior to or after the April 22, 2015 Board meeting.
Related Recommendations (1)
R2
Board Bylaw “9400 – Board Self-Evaluation”, should be revised to make the Board self- evaluation process more effective. This Bylaw should state whether the evaluation period will be based on the calendar, fiscal, or school year, and to maintain consistency each year, should state that a standard evaluation form, adopted by the Board, will be the form used each year. (Findings 9, 11)
F10
As of January, 2016, the Board had not established any strategies for improving Board performance, and had not implemented any revised priorities and new goals for the next evaluation period as required in Board Bylaw “9400 – Board Self-Evaluation”. The form used for the April, 2015 Board self-evaluation process contained some goals which were subjective and not measurable. Only one goal was contained in the Board Goals section, which stated that “the Board and Superintendent have agreed on annual Vision & Goals (attached)”. Attached was the 2007 Board of Trustees Vision & Goals statement which is a general goals’ statement for the District, and as such does not contain goals written specifically to assess and improve Board performance as intended by the 2013-2014 and 2014- 2015 Grand Juries' recommendations. The majority of the trustees interviewed have agreed that the self-evaluation form needs additional revision.
Related Recommendations (1)
R5
All trustees should collectively attend a performance-evaluation training to assist them with the Board self-evaluation process and the Superintendent’s evaluation process. Such training should emphasize the purpose of the Board self-evaluation process, and include training on how to write SMART goals, i.e., goals that are specific, measurable, attainable, relevant, and time- bound. (Findings 10, 11, 13)
F11
All of the trustees who were interviewed were unaware of any policy or Board Bylaw which pertains to how Board correspondence, including regular and email, should be processed, and agreed that there is no way to know whether communication received by an individual trustee contains information which should be shared with the whole Board, unless the trustee brings it to the whole Board. Lack of a correspondence policy could contribute to trustees acting as individuals, and lead to violations of the Brown Act.
Related Recommendations (4)
R4
The Board self-evaluation form which the Board adopts should only contain SMART goals, i.e., goals that are specific, measurable, attainable, relevant, and time-bound. Should the Board adopt the self-evaluation form presented at its April 22, 2015 Board meeting, then that self- evaluation form should be revised to contain SMART goals. (Finding 11)
R6
The Board self-evaluation form which the Board adopts should continue to have a separate section for “Board Goals”. This section should include goals or objectives specific to Board performance, some of which may include interaction between the Board and the Superintendents. (Finding 11) 25
R9
Board Bylaw “9240 – Board Development”, should be revised to mandate that at least once annually all trustees attend a training together which focuses on interpersonal skills and effective communication skills. (Findings 3, 4, 5, 6) R10. Board Bylaw “9240 – Board Development” should be revised to specify that the Board submit their mandated and supplemental training activities and costs to the Superintendent within two weeks of completing each training, and that the superintendent shall create a spreadsheet of all trustee training to be stored on the computer in the Superintendent’s office. This Bylaw should state that the spreadsheet will contain a record of all trustee training broken down by individual trustee, and that it will include the training date, course title, course provider, and whether the training was mandatory or supplemental. Additionally, this Bylaw should state that all records should be maintained for five years after the training, which is mandated for Ethics and Brown Act training records per Government Code 53235.2, which states, “…these records are disclosable public records and must be maintained for five years after the training”. Finally, this Bylaw should state that the hardcopy records of trustee training will be filed in the board member’s individual files in the Superintendent’s office, and stored for the same period of time as the computerized files. (Finding 7) R11. Board Bylaw “9240 – Board Development” should be revised to include specific timeframes for the Board to meet as a whole, to set Board goals and objectives, to review Board progress towards meeting these goals and objectives, and to do a final assessment of Board performance. This Bylaw should state that the timeframe will specify that the Board will set these goals and objectives prior to the evaluation period, will review their progress towards achieving these goals and objectives midway through the evaluation period, and will discuss the completed composite Board evaluation at the end of the evaluation period, when they will set new goals for the following year. (Findings 8, 9, 10) 26 R12. The ACUSD in response to a past Grand Jury’s finding agreed to develop a plan for lighting the main parking lot at Argonaut High School. The self imposed deadline for planning and implementation of the lighting project has long since passed and the Board still has not presented a plan. Due to the obvious safety concerns of inadequate lighting in the parking lot the Grand Jury strongly recommends that the Board place a high priority on resolving this problem. (Finding 17) R13. The Board should set aside funds from the approximately $332,000 District surplus of the 2015-2016 school year, to be used specifically to fund the costs of installing additional lighting in the main parking lot of Argonaut High School. (Findings 17, 18) R14. In order to prevent possible Brown Act violations and to ensure that the public receive a response to communications sent to the Board or individual trustees, the Board should develop a Correspondence Bylaw and Policy to address how this correspondence should be processed, reviewed, and responded to. This Bylaw should include a tracking process for all of the received correspondence, which will then be stamped with a date and reference number. This Bylaw will also state that a trustee correspondence file will be kept on the computer, and will contain the date that the correspondence was received, the trustee it was addressed to, the name and return address of the sender, and the date and method that it was given to the trustee. (Finding 11) R15. The Board should conduct a performance evaluation for the Superintendent annually, and develop a new performance evaluation form which will be used each year, containing SMART goals and objectives, i.e., goals that are specific, measurable, attainable, relevant, and time- bound. The Board should meet with the Superintendent three times during the evaluation period: prior to the evaluation period to discuss the process, goals and objectives, halfway through the evaluation period to assess the Superintendent’s progress, giving and receiving feedback, and close to the end of the evaluation period to complete a final evaluation. The Superintendent’s performance evaluation, including any response, should be maintained in the District Office for the term of his or her employment, and three years thereafter. Any existing Board Bylaws and policies should be revised to reflect this recommendation. (Findings 13, 14) R16. The Grand Jury recommends that the 2016-2017 Grand Jury follow up on the Board’s response to the Grand Jury recommendations. These recommendations include the following Bylaws, documents, and actions: Board Bylaw “9401-Trustee Censure Policy” Board Bylaw “9400-Board Self-Evaluation” Board Bylaw “9240-Board Development” Board Correspondence Policy Board Self-Evaluation Form Superintendent’s Evaluation Form Argonaut High School Main Parking Lot Lighting 27 REQUEST FOR RESPONSES Pursuant to Penal Code section 933 (c), a response to this report is required. No later than 90 days after the Grand Jury submits a Final Report on the operations of any public agency subject to its reviewing authority, the governing body of the public agency shall comment on the findings and recommendations.
R14
In order to prevent possible Brown Act violations and to ensure that the public receive a response to communications sent to the Board or individual trustees, the Board should develop a Correspondence Bylaw and Policy to address how this correspondence should be processed, reviewed, and responded to. This Bylaw should include a tracking process for all of the received correspondence, which will then be stamped with a date and reference number. This Bylaw will also state that a trustee correspondence file will be kept on the computer, and will contain the date that the correspondence was received, the trustee it was addressed to, the name and return address of the sender, and the date and method that it was given to the trustee. (Finding 11)
F12
The evaluation processes which were used to evaluate the former ACUSD superintendent for the annual evaluation periods from 2008-2014 were not consistent. Different evaluation forms were used, using rating systems which were unclear, and whose final ratings conflicted with the written summaries. No performance evaluation was done for the former ACUSD Superintendent for the 2014-2015 evaluation period.
No recommendations for this finding
F13
On April 26, 2016, the Board president sent an email to the former ACUSD Superintendent which stated that “the Board has decided not to evaluate you this June as was previously planned.” In the open session of the May 13, 2015 Board meeting, the Board voted three (3) to two (2) not to renew the Superintendent’s contract.
Related Recommendations (2)
R9
Board Bylaw “9240 – Board Development”, should be revised to mandate that at least once annually all trustees attend a training together which focuses on interpersonal skills and effective communication skills. (Findings 3, 4, 5, 6) R10. Board Bylaw “9240 – Board Development” should be revised to specify that the Board submit their mandated and supplemental training activities and costs to the Superintendent within two weeks of completing each training, and that the superintendent shall create a spreadsheet of all trustee training to be stored on the computer in the Superintendent’s office. This Bylaw should state that the spreadsheet will contain a record of all trustee training broken down by individual trustee, and that it will include the training date, course title, course provider, and whether the training was mandatory or supplemental. Additionally, this Bylaw should state that all records should be maintained for five years after the training, which is mandated for Ethics and Brown Act training records per Government Code 53235.2, which states, “…these records are disclosable public records and must be maintained for five years after the training”. Finally, this Bylaw should state that the hardcopy records of trustee training will be filed in the board member’s individual files in the Superintendent’s office, and stored for the same period of time as the computerized files. (Finding 7) R11. Board Bylaw “9240 – Board Development” should be revised to include specific timeframes for the Board to meet as a whole, to set Board goals and objectives, to review Board progress towards meeting these goals and objectives, and to do a final assessment of Board performance. This Bylaw should state that the timeframe will specify that the Board will set these goals and objectives prior to the evaluation period, will review their progress towards achieving these goals and objectives midway through the evaluation period, and will discuss the completed composite Board evaluation at the end of the evaluation period, when they will set new goals for the following year. (Findings 8, 9, 10) 26 R12. The ACUSD in response to a past Grand Jury’s finding agreed to develop a plan for lighting the main parking lot at Argonaut High School. The self imposed deadline for planning and implementation of the lighting project has long since passed and the Board still has not presented a plan. Due to the obvious safety concerns of inadequate lighting in the parking lot the Grand Jury strongly recommends that the Board place a high priority on resolving this problem. (Finding 17) R13. The Board should set aside funds from the approximately $332,000 District surplus of the 2015-2016 school year, to be used specifically to fund the costs of installing additional lighting in the main parking lot of Argonaut High School. (Findings 17, 18) R14. In order to prevent possible Brown Act violations and to ensure that the public receive a response to communications sent to the Board or individual trustees, the Board should develop a Correspondence Bylaw and Policy to address how this correspondence should be processed, reviewed, and responded to. This Bylaw should include a tracking process for all of the received correspondence, which will then be stamped with a date and reference number. This Bylaw will also state that a trustee correspondence file will be kept on the computer, and will contain the date that the correspondence was received, the trustee it was addressed to, the name and return address of the sender, and the date and method that it was given to the trustee. (Finding 11) R15. The Board should conduct a performance evaluation for the Superintendent annually, and develop a new performance evaluation form which will be used each year, containing SMART goals and objectives, i.e., goals that are specific, measurable, attainable, relevant, and time- bound. The Board should meet with the Superintendent three times during the evaluation period: prior to the evaluation period to discuss the process, goals and objectives, halfway through the evaluation period to assess the Superintendent’s progress, giving and receiving feedback, and close to the end of the evaluation period to complete a final evaluation. The Superintendent’s performance evaluation, including any response, should be maintained in the District Office for the term of his or her employment, and three years thereafter. Any existing Board Bylaws and policies should be revised to reflect this recommendation. (Findings 13, 14) R16. The Grand Jury recommends that the 2016-2017 Grand Jury follow up on the Board’s response to the Grand Jury recommendations. These recommendations include the following Bylaws, documents, and actions: Board Bylaw “9401-Trustee Censure Policy” Board Bylaw “9400-Board Self-Evaluation” Board Bylaw “9240-Board Development” Board Correspondence Policy Board Self-Evaluation Form Superintendent’s Evaluation Form Argonaut High School Main Parking Lot Lighting 27 REQUEST FOR RESPONSES Pursuant to Penal Code section 933 (c), a response to this report is required. No later than 90 days after the Grand Jury submits a Final Report on the operations of any public agency subject to its reviewing authority, the governing body of the public agency shall comment on the findings and recommendations.
R15
The Board should conduct a performance evaluation for the Superintendent annually, and develop a new performance evaluation form which will be used each year, containing SMART goals and objectives, i.e., goals that are specific, measurable, attainable, relevant, and time- bound. The Board should meet with the Superintendent three times during the evaluation period: prior to the evaluation period to discuss the process, goals and objectives, halfway through the evaluation period to assess the Superintendent’s progress, giving and receiving feedback, and close to the end of the evaluation period to complete a final evaluation. The Superintendent’s performance evaluation, including any response, should be maintained in the District Office for the term of his or her employment, and three years thereafter. Any existing Board Bylaws and policies should be revised to reflect this recommendation. (Findings 13, 14)
F14
From April, 2015 through March, 2016, the ACUSD/ACOE had spent $261,264.52 on legal fees, of which $189,676.09 was spent to set the salary for the position of the ACOE 23 Superintendent of Schools (County Superintendent), an elected position held by the former ACUSD/ACOE Superintendent of Schools, who until June 30, 2015, had held both positions, and received compensation only for his position as District Superintendent. Of the $189,676.09 spent, the Board spent $121,969.08 and the County Superintendent spent $53,477.00.
No recommendations for this finding
F15
The Amador County District Attorney investigated a request to prosecute the elected Superintendent of Schools for violations of misappropriation of public funds, embezzlement, and to affirm a Grand Jury accusation, and found that after a thorough review of materials and the applicable law, consultation with subject-area experts, the California Department of Education, the California Attorney General’s Office, and the Amador County Counsel, declined to prosecute the elected Superintendent of Schools for any criminal offenses, or to pursue an accusation through the Grand Jury.
No recommendations for this finding
F16
The 2012-2013 Grand Jury recommended that “Argonaut High School and ACUSD should develop a plan for lighting the main parking lot, including a funding and implementation schedule.” On October 4, 2013, the District responded that “…the District will conduct the review and evaluation of parking lot lighting at Argonaut High School by July 1, 2014…”. No Board action has been taken for developing a plan for lighting the main parking lot of Argonaut High School. The parking lot is still being used regularly at night for school and community functions, and an April, 2016 night inspection of the parking lot showed that the parking lot still has inadequate lighting.
No recommendations for this finding
F17
As of the completion of this report on May 25, 2016, it is projected that as of June 30, 2016, the ACUSD budget will have a surplus of $332,000, and that the ACOE budget will have a surplus of $46,000.
Related Recommendations (3)
R9
Board Bylaw “9240 – Board Development”, should be revised to mandate that at least once annually all trustees attend a training together which focuses on interpersonal skills and effective communication skills. (Findings 3, 4, 5, 6) R10. Board Bylaw “9240 – Board Development” should be revised to specify that the Board submit their mandated and supplemental training activities and costs to the Superintendent within two weeks of completing each training, and that the superintendent shall create a spreadsheet of all trustee training to be stored on the computer in the Superintendent’s office. This Bylaw should state that the spreadsheet will contain a record of all trustee training broken down by individual trustee, and that it will include the training date, course title, course provider, and whether the training was mandatory or supplemental. Additionally, this Bylaw should state that all records should be maintained for five years after the training, which is mandated for Ethics and Brown Act training records per Government Code 53235.2, which states, “…these records are disclosable public records and must be maintained for five years after the training”. Finally, this Bylaw should state that the hardcopy records of trustee training will be filed in the board member’s individual files in the Superintendent’s office, and stored for the same period of time as the computerized files. (Finding 7) R11. Board Bylaw “9240 – Board Development” should be revised to include specific timeframes for the Board to meet as a whole, to set Board goals and objectives, to review Board progress towards meeting these goals and objectives, and to do a final assessment of Board performance. This Bylaw should state that the timeframe will specify that the Board will set these goals and objectives prior to the evaluation period, will review their progress towards achieving these goals and objectives midway through the evaluation period, and will discuss the completed composite Board evaluation at the end of the evaluation period, when they will set new goals for the following year. (Findings 8, 9, 10) 26 R12. The ACUSD in response to a past Grand Jury’s finding agreed to develop a plan for lighting the main parking lot at Argonaut High School. The self imposed deadline for planning and implementation of the lighting project has long since passed and the Board still has not presented a plan. Due to the obvious safety concerns of inadequate lighting in the parking lot the Grand Jury strongly recommends that the Board place a high priority on resolving this problem. (Finding 17) R13. The Board should set aside funds from the approximately $332,000 District surplus of the 2015-2016 school year, to be used specifically to fund the costs of installing additional lighting in the main parking lot of Argonaut High School. (Findings 17, 18) R14. In order to prevent possible Brown Act violations and to ensure that the public receive a response to communications sent to the Board or individual trustees, the Board should develop a Correspondence Bylaw and Policy to address how this correspondence should be processed, reviewed, and responded to. This Bylaw should include a tracking process for all of the received correspondence, which will then be stamped with a date and reference number. This Bylaw will also state that a trustee correspondence file will be kept on the computer, and will contain the date that the correspondence was received, the trustee it was addressed to, the name and return address of the sender, and the date and method that it was given to the trustee. (Finding 11) R15. The Board should conduct a performance evaluation for the Superintendent annually, and develop a new performance evaluation form which will be used each year, containing SMART goals and objectives, i.e., goals that are specific, measurable, attainable, relevant, and time- bound. The Board should meet with the Superintendent three times during the evaluation period: prior to the evaluation period to discuss the process, goals and objectives, halfway through the evaluation period to assess the Superintendent’s progress, giving and receiving feedback, and close to the end of the evaluation period to complete a final evaluation. The Superintendent’s performance evaluation, including any response, should be maintained in the District Office for the term of his or her employment, and three years thereafter. Any existing Board Bylaws and policies should be revised to reflect this recommendation. (Findings 13, 14) R16. The Grand Jury recommends that the 2016-2017 Grand Jury follow up on the Board’s response to the Grand Jury recommendations. These recommendations include the following Bylaws, documents, and actions: Board Bylaw “9401-Trustee Censure Policy” Board Bylaw “9400-Board Self-Evaluation” Board Bylaw “9240-Board Development” Board Correspondence Policy Board Self-Evaluation Form Superintendent’s Evaluation Form Argonaut High School Main Parking Lot Lighting 27 REQUEST FOR RESPONSES Pursuant to Penal Code section 933 (c), a response to this report is required. No later than 90 days after the Grand Jury submits a Final Report on the operations of any public agency subject to its reviewing authority, the governing body of the public agency shall comment on the findings and recommendations.
R12
The ACUSD in response to a past Grand Jury’s finding agreed to develop a plan for lighting the main parking lot at Argonaut High School. The self imposed deadline for planning and implementation of the lighting project has long since passed and the Board still has not presented a plan. Due to the obvious safety concerns of inadequate lighting in the parking lot the Grand Jury strongly recommends that the Board place a high priority on resolving this problem. (Finding 17)
R13
The Board should set aside funds from the approximately $332,000 District surplus of the 2015-2016 school year, to be used specifically to fund the costs of installing additional lighting in the main parking lot of Argonaut High School. (Findings 17, 18)
F18
The Board has witnessed the ACUSD/ACOE students, teachers, principals, and staff make significant accomplishments in the 2015-2016 school year, including the implementation in Grades K-6 of a new comprehensive K-6 Math curriculum for all district elementary schools, the installation of SMART Board technology in 96% or more of the District’s classrooms, the significant expansion and development work on Career Technical Education (CTE) pathways for the high school students, the dramatic reduction in the number of student suspensions and expulsions, and the 96% district-wide pupil attendance rate.
No recommendations for this finding
F19
In 2015, the Board made progress towards implementing several of the 2013-2014 Grand Jury recommendations. However, some implementations have occurred only after repeated inquiries from the 2014-2015 Grand Jury, and some Bylaws which were revised weren’t specifically revised as recommended by the 2013-2014 and 2014-2015 Grand Juries. Also, some Bylaws weren’t completely implemented by the Board. In 2016, the Board has 24 continued to make progress on satisfying the intent of the 2013-2014 and 2014-2015 Grand Juries' recommendations.
No recommendations for this finding
Additional Recommendations 1
These recommendations are not explicitly linked to specific findings.
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R16The Grand Jury recommends that the 2016-2017 Grand Jury follow up on the Board’s response to the Grand Jury recommendations. These recommendations include the following Bylaws, documents, and actions: Board Bylaw “9401-Trustee Censure Policy” Board Bylaw “9400-Board Self-Evaluation” Board Bylaw “9240-Board Development” Board Correspondence Policy Board Self-Evaluation Form Superintendent’s Evaluation Form Argonaut High School Main Parking Lot Lighting 27