2002-2003 Final Report

Note: Missing finding numbers detected: F16, F17, F18, F19, F20, F21, F22, F23, F24, F25, F26, F27, F28, F29, F30, F31, F32, F33, F34, F35, F36, F37, F38, F39, F40, F41, F42, F43, F44, F45, F46, F47, F48, F49, F50, F51, F52, F53, F54, F55, F56, F57, F58, F59, F60, F61, F62, F63, F64, F65, F66, F67, F68, F69, F70, F71, F72, F73, F74, F75, F76, F77, F78, F79, F80, F81, F82, F83, F84, F85, F86, F87, F88, F89, F90, F91, F92, F93, F94, F95, F96, F97, F98, F99, F100, F101, F102, F103, F104, F105, F106, F107, F108, F109, F110, F111, F112, F113, F114, F115, F116, F117, F118, F119, F120, F121, F122, F123, F124, F125, F126, F127, F128, F129, F130, F131, F132, F133, F134, F135, F136, F137, F138, F139, F140, F141, F142, F143, F144, F145, F146, F147, F148, F149, F150, F151, F152, F153, F154, F155, F156, F157, F158, F159, F160, F161, F162, F163, F164, F165, F166, F167, F168, F169, F170, F171, F172, F173, F174, F175, F176, F177, F178, F179, F180, F181, F182, F183, F184, F185, F186, F187, F188, F189, F190, F191, F192, F193, F194, F195, F196, F197, F198, F199, F200, F201, F202, F203, F204, F205, F206, F207, F208, F209, F210, F211, F212, F213, F214, F215, F216, F217, F218, F219, F220, F221, F222, F223, F224, F225, F226, F227, F228, F229, F230, F231, F232, F233, F234, F235, F236, F237, F238, F239, F240, F241, F242, F243, F244, F245, F246, F247, F248, F249, F250, F251, F252, F253, F254, F255, F256, F257, F258, F259, F260, F261, F262, F263, F264, F265, F266, F267, F268, F269, F270, F271, F272, F273, F274, F275, F276, F277, F278, F279, F280, F281, F282, F283, F284, F285, F286, F287, F288, F289, F290, F291, F292, F293, F294, F295, F296, F297, F298, F299, F300, F301, F302, F303, F304, F305, F306, F307, F308, F309, F310, F311, F312, F313, F314, F315, F316, F317, F318, F319, F320, F321, F322, F323, F324, F325, F326, F327, F328, F329, F330, F331, F332, F333, F334, F335, F336, F337, F338, F339, F340, F341, F342, F343, F344, F345, F346, F347, F348, F349, F350, F351, F352, F353, F354, F355, F356, F357, F358, F359, F360, F361, F362, F363, F364, F365, F366, F367, F368, F369, F370, F371, F372, F373, F374, F375, F376, F377, F378, F379, F380, F381, F382, F383, F384, F385, F386, F387, F388, F389, F390, F391, F392, F393, F394, F395, F396, F397, F398, F399, F400, F401, F402, F403, F404, F405, F406, F407, F408, F409, F410, F411, F412, F413, F414, F415, F416, F417, F418, F419, F420, F421, F422, F423, F424, F425, F426, F427, F428, F429, F430, F431, F432, F433, F434, F435, F436, F437, F438, F439, F440, F441, F442, F443, F444, F445, F446, F447, F448, F449, F450, F451, F452, F453, F454, F455, F456, F457, F458, F459, F460, F461, F462, F463, F464, F465, F466, F467, F468, F469, F470, F471, F472, F473, F474, F475, F476, F477, F478, F479, F480, F481, F482, F483, F484, F485, F486, F487, F488, F489, F490, F491, F492, F493, F494, F495, F496, F497, F498, F499, F500, F501, F502, F503, F504, F505, F506, F507, F508, F509, F510, F511, F512, F513, F514, F515, F516, F517, F518, F519, F520, F521, F522, F523, F524, F525, F526, F527, F528, F529, F530, F531, F532, F533, F534, F535, F536, F537, F538, F539, F540, F541, F542, F543, F544, F545, F546, F547, F548, F549, F550, F551, F552, F553, F554, F555, F556, F557, F558, F559, F560, F561, F562, F563, F564, F565, F566, F567, F568, F569, F570, F571, F572, F573, F574, F575, F576, F577, F578, F579, F580, F581, F582, F583, F584, F585, F586, F587, F588, F589, F590, F591, F592, F593, F594, F595, F596, F597, F598, F599, F600, F601, F602, F603, F604, F605, F606, F607, F608, F609, F610, F611, F612, F613, F614, F615, F616, F617, F618, F619, F620, F621, F622, F623, F624, F625, F626, F627, F628, F629, F630, F631, F632, F633, F634, F635, F636, F637, F638, F639, F640, F641, F642, F643, F644, F645, F646, F647, F648, F649, F650, F651, F652, F653, F654, F655, F656, F657, F658, F659, F660, F661, F662, F663, F664, F665, F666, F667, F668, F669, F670, F671, F672, F673, F674, F675, F676, F677, F678, F679, F680, F681, F682, F683, F684, F685, F686, F687, F688, F689, F690, F691, F692, F693, F694, F695, F696, F697, F698, F699, F700, F701, F702, F703, F704, F705, F706, F707, F708, F709, F710, F711, F712, F713, F714, F715, F716, F717, F718, F719, F720, F721, F722, F723, F724, F725, F726, F727, F728, F729, F730, F731, F732, F733, F734, F735, F736, F737, F738, F739, F740, F741, F742, F743, F744, F745, F746, F747, F748, F749, F750, F751, F752, F753, F754, F755, F756, F757, F758, F759, F760, F761, F762, F763, F764, F765, F766, F767, F768, F769, F770, F771, F772, F773, F774, F775, F776, F777, F778, F779, F780, F781, F782, F783, F784, F785, F786, F787, F788, F789, F790, F791, F792, F793, F794, F795, F796, F797, F798, F799, F800, F801, F802, F803, F804, F805, F806, F807, F808, F809, F810, F811, F812, F813, F814, F815, F816, F817, F818, F819, F820, F821, F822, F823, F824, F825, F826, F827, F828, F829, F830, F831, F832, F833, F834, F835, F836, F837, F838, F839, F840, F841, F842, F843, F844, F845, F846, F847, F848, F849, F850, F851, F852, F853, F854, F855, F856, F857, F858, F859, F860, F861, F862, F863, F864, F865, F866, F867, F868, F869, F870, F871, F872, F873, F874, F875, F876, F877, F878, F879, F880, F881, F882, F883, F884, F885, F886, F887, F888, F889, F890, F891, F892, F893, F894, F895, F896, F897, F898, F899, F900, F901, F902, F903, F904, F905, F906, F907, F908, F909, F910, F911, F912, F913, F914, F915, F916, F917, F918, F919, F920, F921, F922, F923, F924, F925, F926, F927, F928, F929, F930, F931, F932, F933, F934, F935, F936, F937, F938, F939, F940, F941, F942, F943, F944, F945, F946, F947, F948, F949, F950, F951, F952, F953, F954, F955, F956, F957, F958, F959, F960, F961, F962, F963, F964, F965, F966, F967, F968, F969, F970, F971, F972, F973, F974, F975, F976, F977, F978, F979, F980, F981, F982, F983, F984, F985, F986, F987, F988, F989, F990, F991, F992, F993, F994, F995, F996, F997, F998, F999, F1000, F1001, F1002, F1003, F1004, F1005, F1006, F1007, F1008, F1009, F1010, F1011, F1012, F1013, F1014, F1015, F1016, F1017, F1018, F1019, F1020, F1021, F1022, F1023, F1024, F1025, F1026, F1027, F1028, F1029, F1030, F1031, F1032, F1033, F1034, F1035, F1036, F1037, F1038, F1039, F1040, F1041, F1042, F1043, F1044, F1045, F1046, F1047, F1048, F1049, F1050, F1051, F1052, F1053, F1054, F1055, F1056, F1057, F1058, F1059, F1060, F1061, F1062, F1063, F1064, F1065, F1066, F1067, F1068, F1069, F1070, F1071, F1072, F1073, F1074, F1075, F1076, F1077, F1078, F1079, F1080, F1081, F1082, F1083, F1084, F1085, F1086, F1087, F1088, F1089, F1090, F1091, F1092, F1093, F1094, F1095, F1096, F1097, F1098, F1099, F1100, F1101, F1102, F1103, F1104, F1105, F1106, F1107, F1108, F1109, F1110, F1111, F1112, F1113, F1114, F1115, F1116, F1117, F1118, F1119, F1120, F1121, F1122, F1123, F1124, F1125, F1126, F1127, F1128, F1129, F1130, F1131, F1132, F1133, F1134, F1135, F1136, F1137, F1138, F1139, F1140, F1141, F1142, F1143, F1144, F1145, F1146, F1147, F1148, F1149, F1150, F1151, F1152, F1153, F1154, F1155, F1156, F1157, F1158, F1159, F1160, F1161, F1162, F1163, F1164, F1165, F1166, F1167, F1168, F1169, F1170, F1171, F1172, F1173, F1174, F1175, F1176, F1177, F1178, F1179, F1180, F1181, F1182, F1183, F1184, F1185, F1186, F1187, F1188, F1189, F1190, F1191, F1192, F1193, F1194, F1195, F1196, F1197, F1198, F1199, F1200, F1201, F1202, F1203, F1204, F1205, F1206, F1207, F1208, F1209, F1210, F1211, F1212, F1213, F1214, F1215, F1216, F1217, F1218, F1219, F1220, F1221, F1222, F1223, F1224, F1225, F1226, F1227, F1228, F1229, F1230, F1231, F1232, F1233, F1234, F1235, F1236, F1237, F1238, F1239, F1240, F1241, F1242, F1243, F1244, F1245, F1246, F1247, F1248, F1249, F1250, F1251, F1252, F1253, F1254, F1255, F1256, F1257, F1258, F1259, F1260, F1261, F1262, F1263, F1264, F1265, F1266, F1267, F1268, F1269, F1270, F1271, F1272, F1273, F1274, F1275, F1276, F1277, F1278, F1279, F1280, F1281, F1282, F1283, F1284, F1285, F1286, F1287, F1288, F1289, F1290, F1291, F1292, F1293, F1294, F1295, F1296, F1297, F1298, F1299, F1300, F1301, F1302, F1303, F1304, F1305, F1306, F1307, F1308, F1309, F1310, F1311, F1312, F1313, F1314, F1315, F1316, F1317, F1318, F1319, F1320, F1321, F1322, F1323, F1324, F1325, F1326, F1327, F1328, F1329, F1330, F1331, F1332, F1333, F1334, F1335, F1336, F1337, F1338, F1339, F1340, F1341, F1342, F1343, F1344, F1345, F1346, F1347, F1348, F1349, F1350, F1351, F1352, F1353, F1354, F1355, F1356, F1357, F1358, F1359, F1360, F1361, F1362, F1363, F1364, F1365, F1366, F1367, F1368, F1369, F1370, F1371, F1372, F1373, F1374, F1375, F1376, F1377, F1378, F1379, F1380, F1381, F1382, F1383, F1384, F1385, F1386, F1387, F1388, F1389, F1390, F1391, F1392, F1393, F1394, F1395, F1396, F1397, F1398, F1399, F1400, F1401, F1402, F1403, F1404, F1405, F1406, F1407, F1408, F1409, F1410, F1411, F1412, F1413, F1414, F1415, F1416, F1417, F1418, F1419, F1420, F1421, F1422, F1423, F1424, F1425, F1426, F1427, F1428, F1429, F1430, F1431, F1432, F1433, F1434, F1435, F1436, F1437, F1438, F1439, F1440, F1441, F1442, F1443, F1444, F1445, F1446, F1447, F1448, F1449, F1450, F1451, F1452, F1453, F1454, F1455, F1456, F1457, F1458, F1459, F1460, F1461, F1462, F1463, F1464, F1465, F1466, F1467, F1468, F1469, F1470, F1471, F1472, F1473, F1474, F1475, F1476, F1477, F1478, F1479, F1480, F1481, F1482, F1483, F1484, F1485, F1486, F1487, F1488, F1489, F1490, F1491, F1492, F1493, F1494, F1495, F1496, F1497, F1498, F1499, F1500, F1501, F1502, F1503, F1504, F1505, F1506, F1507, F1508, F1509, F1510, F1511, F1512, F1513, F1514, F1515, F1516, F1517, F1518, F1519, F1520, F1521, F1522, F1523, F1524, F1525, F1526, F1527, F1528, F1529, F1530, F1531, F1532, F1533, F1534, F1535, F1536, F1537, F1538, F1539, F1540, F1541, F1542, F1543, F1544, F1545, F1546, F1547, F1548, F1549, F1550, F1551, F1552, F1553, F1554, F1555, F1556, F1557, F1558, F1559, F1560, F1561, F1562, F1563, F1564, F1565, F1566, F1567, F1568, F1569, F1570, F1571, F1572, F1573, F1574, F1575, F1576, F1577, F1578, F1579, F1580, F1581, F1582, F1583, F1584, F1585, F1586, F1587, F1588, F1589, F1590, F1591, F1592, F1593, F1594, F1595, F1596, F1597, F1598, F1599, F1600, F1601, F1602, F1603, F1604, F1605, F1606, F1607, F1608, F1609, F1610, F1611, F1612, F1613, F1614, F1615, F1616, F1617, F1618, F1619, F1620, F1621, F1622, F1623, F1624, F1625, F1626, F1627, F1628, F1629, F1630, F1631, F1632, F1633, F1634, F1635, F1636, F1637, F1638, F1639, F1640, F1641, F1642, F1643, F1644, F1645, F1646, F1647, F1648, F1649, F1650, F1651, F1652, F1653, F1654, F1655, F1656, F1657, F1658, F1659, F1660, F1661, F1662, F1663, F1664, F1665, F1666, F1667, F1668, F1669, F1670, F1671, F1672, F1673, F1674, F1675, F1676, F1677, F1678, F1679, F1680, F1681, F1682, F1683, F1684, F1685, F1686, F1687, F1688, F1689, F1690, F1691, F1692, F1693, F1694, F1695, F1696, F1697, F1698, F1699, F1700, F1701, F1702, F1703, F1704, F1705, F1706, F1707, F1708, F1709, F1710, F1711, F1712, F1713, F1714, F1715, F1716, F1717, F1718, F1719, F1720, F1721, F1722, F1723, F1724, F1725, F1726, F1727, F1728, F1729, F1730, F1731, F1732, F1733, F1734, F1735, F1736, F1737, F1738, F1739, F1740, F1741, F1742, F1743, F1744, F1745, F1746, F1747, F1748, F1749, F1750, F1751, F1752, F1753, F1754, F1755, F1756, F1757, F1758, F1759, F1760, F1761, F1762, F1763, F1764, F1765, F1766, F1767, F1768, F1769, F1770, F1771, F1772, F1773, F1774, F1775, F1776, F1777, F1778, F1779, F1780, F1781, F1782, F1783, F1784, F1785, F1786, F1787, F1788, F1789, F1790, F1791, F1792, F1793, F1794, F1795, F1796, F1797, F1798, F1799, F1800, F1801, F1802, F1803, F1804, F1805, F1806, F1807, F1808, F1809, F1810, F1811, F1812, F1813, F1814, F1815, F1816, F1817, F1818, F1819, F1820, F1821, F1822, F1823, F1824, F1825, F1826, F1827, F1828, F1829, F1830, F1831, F1832, F1833, F1834, F1835, F1836, F1837, F1838, F1839, F1840, F1841, F1842, F1843, F1844, F1845, F1846, F1847, F1848, F1849, F1850, F1851, F1852, F1853, F1854, F1855, F1856, F1857, F1858, F1859, F1860, F1861, F1862, F1863, F1864, F1865, F1866, F1867, F1868, F1869, F1870, F1871, F1872, F1873, F1874, F1875, F1876, F1877, F1878, F1879, F1880, F1881, F1882, F1883, F1884, F1885, F1886, F1887, F1888, F1889, F1890, F1891, F1892, F1893, F1894, F1895, F1896, F1897, F1898, F1899, F1900, F1901, F1902, F1903, F1904, F1905, F1906, F1907, F1908, F1909, F1910, F1911, F1912, F1913, F1914, F1915, F1916, F1917, F1918, F1919, F1920, F1921, F1922, F1923, F1924, F1925, F1926, F1927, F1928, F1929, F1930, F1931, F1932, F1933, F1934, F1935, F1936, F1937, F1938, F1939, F1940, F1941, F1942, F1943, F1944, F1945, F1946, F1947, F1948, F1949, F1950, F1951, F1952, F1953, F1954, F1955, F1956, F1957, F1958, F1959, F1960, F1961, F1962, F1963, F1964, F1965, F1966, F1967, F1968, F1969, F1970, F1971, F1972, F1973, F1974, F1975, F1976, F1977, F1978, F1979, F1980, F1981, F1982, F1983, F1984, F1985, F1986, F1987, F1988, F1989, F1990, F1991, F1992, F1993, F1994, F1995, F1996, F1997, F1998, F1999, F2000

Conclusions 18

• CL1 Page 46
  The primary determinants of revenue (enrollment and attendance rates) and spending (especially teacher salaries) must be closely monitored. While integrated computer systems are valuable, even back-of-the-envelope calculations can provide useful information. The relevant numbers are few and uncomplicated. Monitoring a budget largely consists of having access to accurate data on the numbers of students and teachers in the school system as well as the actual payroll. Everyone, from the board to the superintendent to staff to the ACOE fiscal overseers, needs to question and track these key items which drive district budgets.
• CL2 Page 46
  Special attention must be paid to districts with decreasing enrollment. When enrollment is decreasing, positions need to be eliminated, cuts must be made, costs must be reduced, all on a continual basis. Given the need to notify teachers by March 15 for possible layoff in the next year, enrollment data must be closely scrutinized to avoid over staffing. Successful school districts devise methods, like utilizing temporary teaching positions at the beginning of the school year, to avoid overstaffing until actual enrollment is known.
• CL3 Page 46
  When spending increases are required (e.g., teacher salary increases), these must be accurately calculated, and all aspects of the costs must be properly accounted for in the budget process. This includes accurately projecting the numbers and salaries of teachers being employed, as well as the benefit and retirement load of employing such teachers. It also includes accurately monitoring the actual payrolls. In a school district where expenditures are mostly payroll, it will be difficult to lose control of spending where payroll is closely monitored.
• CL4 Page 46
  The ACOE did not adequately scrutinize the reports submitted to them. When it finds potential problems it needs to make sure that the local district and the ACOE both fully understand the data. ACOE had suspicions of budget problems in OUSD at the time of 46 2002-2003 ALAMEDA COUNTY CIVIL GRAND JURY FINAL REPORT____________ _______________________________ Education Committee the 2001/2002 budget submission. These suspicions were reinforced at the time of the first interim report. Given those suspicions, ACOE should have given a qualified approval and required additional information. Unfortunately, the key areas of overspending (salaries and special education), were not being monitored by ACOE; rather, much of their focus was on a number of relatively small dollar amount issues. Had ACOE been carefully watching the key areas of overspending, they would have been alerted to the serious financial crisis. Even given their limited view of AB1200, this would have justified earlier intervention. ACOE is clearly correct in its argument that local school districts are responsible for their own finances. It is not the ACOE who caused the OUSD problem; OUSD caused the problem. OUSD should have more closely and rigorously monitored its finances, and done so in a more timely manner. But the task of fiscal oversight by ACOE is meaningless if its only function is to ask questions and to hope the local districts are complying with basic reporting requirements. At a minimum, given their suspicions, ACOE should have required a third interim report. However, unless both the districts and ACOE look beyond the data to see whether it is accurate, no number of additional reports will be of use. Some criticism directed at the ACOE, and its Superintendent, is misplaced. The district is responsible for keeping its own budgets in balance. But it is the ACOE's responsibility to aggressively monitor district finances on the chance that problems might occur. This is especially true in a district like the OUSD with its history of serious financial trouble. A prior Grand Jury criticized the ACOE Superintendent for not having intervened sooner in Emeryville. The issue is not whether ACOE should have called in FCMAT earlier; rather, it is that ACOE's brand of fiscal oversight was insufficient to force Oakland to take care of its own finances on a more timely basis. 47 2002-2003 ALAMEDA COUNTY CIVIL GRAND JURY FINAL REPORT____________ _______________________________ Education Committee Under AB1200, ACOE has at least three chances to review district finances per year: at budget approval time; at the time of the first interim report; and at the time of the second interim report. If ACOE had serious suspicions, ACOE could have required Oakland to provide detailed responses. While there was correspondence between ACOE and the OUSD at the time of both the first and second interim reports in FY2001/2002, most of it was focussed on relatively small items such as the adult education fund. The one substantive issue raised, that OUSD was overestimating its ADA (and hence its revenues), was not aggressively pursued and OUSD responses were accepted at face value. There was no mention of the largest expenditures (i.e., teacher salaries and teacher numbers). While OUSD was constrained in its ability to reduce 2001/2002 expenditures through mid-year teacher reductions, OUSD certainly could have issued March 15 letters so as not to perpetuate the problem into 2002/2003. This would have meant that they would have reduced permanent positions prior to the school year and utilized temporary teachers, at least until the ADA was known and the need for full time positions could be evaluated in 2002/2003. The most serious indictment of the lax oversight was not that OUSD deficit overspent by $40 million in FY2001/2002, but that this situation was not acted upon soon enough so as to not perpetuate the problem into 2002/2003.
• CL5 Page 48
  The board should require more detailed financial reports and demand more intensive testing by their auditors. However, for the board to play a significant oversight role, they need training and access to technical expertise.
• CL6 Page 48
  School districts need to review their special education programs to determine how much special education spending they want, and can afford, to subsidize from unrestricted budget funds. This requires a detailed study of options, alternatives, and serious consideration of the appropriateness of providing additional special education funding at the expense of funding all other programs. The issue is not whether special education 48 2002-2003 ALAMEDA COUNTY CIVIL GRAND JURY FINAL REPORT____________ _______________________________ Education Committee needs more resources. All programs need more resources; particularly special education programs. The issue is to figure out how to address the chronic underfunding for a group that needs special services, and by law is entitled to services, without bankrupting the district.
• CL7 Page 49
  School districts need more resources. School district funding in California is grossly inadequate. Nevertheless, no matter how bad financial realities are, a district must work within those realities. The consequence of having the district run by an outside administrator, and having the board stripped of its governing power, is too severe to allow large deficits to accumulate.
• CL8 Page 49
  There is an inherent problem between the increasing aspirations of teachers and other public employees for decent salary and benefit packages and the severe political and economic limitations on public education financing. School district revenues are fixed or decreasing while expenditures are rapidly increasing (with employee benefits increasing particularly quickly). In a budget like that of the OUSD, where 92% of expenditures are from salary, this situation cannot continue for long. While this problem does not appear to be well recognized, the current system of education finance is heading toward a major crash. 49 2002-2003 ALAMEDA COUNTY CIVIL GRAND JURY FINAL REPORT____________ _______________________________ Education Committee
• CL9 Page 21
  Duly elected board members must not be deprived of the opportunity to represent the interests of their constituents. Decisions are made by majority vote, but minority views must be given an opportunity to be heard and properly considered. There is no majority obligation to approve minority positions; there is an obligation to have those views heard and considered. Under the current leadership of the ACBE, these basic principles have not always been in effect. The ACBE process for approving salary increases for the superintendent needs to be changed. Having a sitting superintendent aggressively campaign for new board members, who can then vote that superintendent a substantial salary increase, gives the appearance of improper behavior on the part of board members. To avoid such apparent impropriety, board members 21 2002-2003 ALAMEDA COUNTY CIVIL GRAND JURY FINAL REPORT____________ _______________________________ Education Committee receiving contributions or campaign support from that superintendent should recuse themselves from such votes for a period of one year from taking office. The view of the superintendent that the ACBE must pass the budget she presents to the board is unique. It is a view that makes a mockery of the statutory scheme allocating power and responsibility between the ACBE and the ACOE. A primary responsibility of the ACBE is to approve the ACOE budget. If that responsibility is limited to simply rubber-stamping the superintendent’s proposal, there is no reason to go through the charade of having a budget committee or perhaps for the board to even exist. This view is unacceptable; and where the board’s budget ideas differ from those proposed by the superintendent, the Grand Jury finds that it must be the view of the board that takes precedence. The ACBE must be more than a rubber stamp of the proposals of the ACOE superintendent. While the statutory allocation of responsibility and authority between the ACBE and ACOE provides the bulk of responsibility to the superintendent, the board must exercise the independent authority allocated to it. Failing this, the board will become even more irrelevant than it has become this term. Most important, the workings of the board need to be more transparent. Board proceedings should be televised and more meetings held in the various districts throughout the county. Where items of public interest are to be discussed, the board should go out of its way to provide real, substantive notice to the public and its minority members, and not just meet minimal technical notice requirements. 22 2002-2003 ALAMEDA COUNTY CIVIL GRAND JURY FINAL REPORT____________ _______________________________ Education Committee
• CL10 Page 54
  Rigorous background checks protect most students from potential molesters or abusers. By definition, they will be less effective in determining the histories of those with no criminal record or record of disciplinary actions. There are important competing interests between protecting children from the possibility of sexual abuse and providing due process rights of prospective employees. Such prospective employees should not be unfairly barred from employment opportunities on unproven allegations. Policies and procedures provide information sufficient to protect children from persons judged to be abusers; however there is much less protection from persons who have been accused of abuse in prior situations, but were never convicted or disciplined for such acts. At the same time, it is important to protect prospective applicants against being unfairly barred because of unproven allegations against them. These competing interests properly exist, and will continue to exist, in the school districts located in Alameda County. 54 2002-2003 ALAMEDA COUNTY CIVIL GRAND JURY FINAL REPORT____________ _______________________________ Education Committee
• CL11 Page 58
  Due to the finding that an applicant may request a specific plan checker, this leads to the perception of possible collusion or favoritism between the applicant and the plan checker. 58 2002-2003 ALAMEDA COUNTY CIVIL GRAND JURY FINAL REPORT_________ __________________________________ Government Committee There is no evidence that hours reported are observed or verified by anyone. The subject plan checker worked 12 to 16 hours per day in every week reported and took all vacation in one- day increments throughout the year. Allowing a plan checker to take vacation in one-day increments permits him to draw maximum overtime pay because it allows him six other days in the same week to accumulate overtime. If he were to take vacation for longer periods he would have to forego overtime during those weeks. Permitting a plan checker to take his entire vacation in one-day increments violates the principle of providing recuperative time from the accumulations of work stress. It is management’s responsibility to ensure that work and overtime policies account for applicants needs, in conjunction with employees’ health needs, job efficiency and public safety. Allowing an employee to consistently work 12 to 16 hours per day, each and every week, violates proper human resources practices. There is little evidence to show that time sheets are actually checked. In reviewing the entire year’s time sheets which were pre-approved, there was not a single instance of correction based on reported hours worked. If the subject plan checker would suddenly become unavailable, the department would find itself short the equivalent of three plan checkers. As a result, the time for applicants to have their plans reviewed would increase dramatically. While overtime costs are reimbursed to the city, spreading overtime hours among more employees would be more effective and would also benefit applicants. The base salary of a city of Oakland plan checker is approximately $76,000 per year. During one calendar year, a plan checker earned $273,000 and received an additional car allowance of $4,200. Based on the fact that the subject plan checker performed all of his work in the office, a car allowance is unwarranted. 59 2002-2003 ALAMEDA COUNTY CIVIL GRAND JURY FINAL REPORT_________ __________________________________ Government Committee RECOMMEDATIONS Recommendation 03-18: Plan check supervisors must verify time sheets for accuracy. Recommendation 03-19: Plan check supervisors must verify that overtime has actually been worked and accurately documented. Recommendation 03-20: Plan checker overtime must be pre-approved. Post-approval must be limited and include documented reasons for such approval. Recommendation 03-21: Hire additional plan checkers to reduce the amount of overtime. Recommendation 03-22: The practice of allowing day-at-a-time vacation when combined with overtime must be discontinued. Recommendation 03-23: Management must evaluate and plan for future staff requirements to eliminate the need for excessive overtime. Recommendation 03-24: Eliminate the automobile allowance for employees who do not use automobiles as an integral part of their job. Recommendation 03-25: Permanently change the plan check application form so that applicants can no longer designate a specific plan checker. 60 2002-2003 ALAMEDA COUNTY CIVIL GRAND JURY FINAL REPORT_________ __________________________________ Government Committee
• CL12 Page 63
  Despite the differences noted in comparison with two other fire departments, the Grand Jury found no abuse of overtime. Due to the structural overtime created by the use of two seasonal stations and based on the directives of the Oakland City Council, the overtime expenditures are justified. It is apparent that the Oakland Fire Department exercised due diligence in comparing overtime costs to the costs of hiring additional full time staff.
• CL13 Page 67
  The board of commissioners of the Oakland-Alameda County Coliseum Authority is not well organized nor does it function effectively. An executive director is needed to coordinate the diverse needs of three athletic teams, an entertainment facility and a board representing public entities. This is particularly true when the board itself is not skilled in the sports or entertainment business. For an executive director to work successfully, that person must have the authority to manage and negotiate for the OACCA. Managing and negotiations should only be done with the consent of the board. The board should set policy and the executive director should implement that policy. There has been tension between politically appointed members of the board and its executive director. Ultimate decision-making will, and must as long as public funds are involved, rest in the hands of the appointed directors. 67 2002-2003 ALAMEDA COUNTY CIVIL GRAND JURY FINAL REPORT_____ ______________________________________ Coliseum Committee The short tenure of the previous executive director suggests deficiencies in either hiring or organizing or both. The casual nature of the board’s operations, with no business plan, no written policies or procedures and a vague job description for its executive director, indicates a lack of professional business operations.
• CL14 Page 73
  The inability of the Board of Supervisors, due to political concerns, to reach a decision on the location and size, delayed the selection of a construction site. After hearing concerns from citizens at three environmental impact hearings, some supervisors changed positions on the construction site and size issues. The existing San Leandro site (330 beds) has finally been selected by the Board of Supervisors. Any further delays may contribute to the loss of the BOC grant, and cause the county to face rising construction costs. Most importantly, until the new facility is built, juveniles held at the hall are at serious risk.
• CL15 Page 75
  By law, the conservator’s primary responsibility is to the conservatee: to protect assets, if any, and make sure they are used for the care of the individual. The Public Guardian’s Office followed its own procedures. A court investigator independently reviewed their work and a Superior Court judge approved the administration of the case.
• CL16 Page 78
  Dollars lost through fraud are dollars not available to other CalWORKS recipients who need childcare to attend school or begin working. The Grand Jury was unable to determine the extent of childcare fraud in Alameda County due to the lack of verifiable data. There is no doubt that fraud exists and county agencies are to be commended for their pursuit of a solution to this problem. However, it appears that more definitive and consistent information on the amount of childcare fraud is imperative for monitoring not only how much fraud exists, but also whether it is increasing, decreasing or remaining the same. Greater information sharing among the referral agencies is necessary to alert them to instances of multiple claims through multiple agencies. The Grand Jury was advised that a computer system to link the agencies was being developed, but estimates as to when it would be operable were varied and vague. 78 2002-2003 ALAMEDA COUNTY CIVIL GRAND JURY FINAL REPORT____ _______________________________________ Social Services Committee
• CL17 Page 82
  The implementation of the program appears to have been efficient due in large part to the efforts expended by county staff.
• CL18 Page 89
  An estimated 44 million Americans are without health insurance in the United States. This issue needs to be addressed at both the national and state level and requires sufficient resources and adequate funding. However, the immediate day-to-day effects of the health care crisis remain with the county. 89 2002-2003 ALAMEDA COUNTY CIVIL GRAND JURY FINAL REPORT____ _______________________________________ Health Committee The increase in number of uninsured and underinsured, the state budget deficit, and lack of health care reform will put overwhelming pressure on local organizations such as the Alameda Alliance for Health and all of its subprograms. Reduction of MediCal enrollment and coverage, closure of the ACMC clinics and elimination of previously covered services does not reduce the needs of the people who will still seek health care, wait longer and have more critical health needs. These patients can rapidly overload the ER and this will impact the ability of the ACMC to respond to large-scale disasters, natural or otherwise. The burden will fall upon Alameda County, as the provider of last resort, which faces the problem of reduced funding and greater demand. The Grand Jury encourages the staff of the ACMC to continue addressing all issues associated with uninsured patients who use the emergency room as their primary source of medical care. The Grand Jury is impressed with the quality of the leadership of the organizations interviewed. Nevertheless, the widening gap between resources and need will have a negative impact on the health of all citizens of Alameda County.

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