San Joaquin County Grand Jury • 2015-2016

San Joaquin County Grand Jury Manteca Unified Board of Trustees: Board Behavior Creates Conflict*

Published: September 30, 2015 27 pages
View Original PDF

Findings and Recommendations 19 findings

F1
MUSD By-law 9000 b "Role of the Board"
Related Recommendations (2)
R1
1 By September 30, 2015 a policy should be adopted by the MUSD Board of Trustees to accomplish the following: When a Board member or an administrator becomes aware of any improper behavior by any Board member, it will be immediately shared with the Superintendent and all Board members.
R7
S. . . . . . . . . . . . . . . . . . . world To V---- San . BYLAW NO. 9000 (a) MANTECA UNIFIED SCHOOL DISTRICT ROLE OF THE BOARD The Governing Board has been elected by the community to provide leadership and citizen oversight of the District. The Board shall ensure that the District is responsive to the values, beliefs, and priorities of the community. The Board shall work with the Superintendent to fulfill its major responsibilities, which include: 1) Setting the direction for the District through a process that involves the community parents/guardians, students, and staff and is focused on student learning and achievement. Establishing an effective and efficient organizational structure for the District by: 2)
F2
MUSD By-law 9005 "Governance Standards"
Related Recommendations (1)
R2
MUSD By-law 9005 "Governance Standards"
F3
MUSD By-law 9010 "Public Statements" MUSD By-law 9011 "Disclosure of Confidential/Privileged Information"
Related Recommendations (2)
R3
1 Newly elected Board members are strongly urged to participate in new board training offered by CSBA or other organizations
R4
MUSD By-law 9012 a "Board Member Electronic Communications"
F4
1 Board by-laws Sections 9000, 9005, 9010, and 9011 were violated by the Board members as described in this report. F4.2 By-laws changes dealing with the Board were added or updated as a result of Board member behavior Conclusion The Grand Jury found that inappropriate and disrespectful behavior by Board members has been the greatest challenge for Manteca Unified School District in many years. Disrespect for each other, for employees, and for community members has created a toxic climate. Additionally, administrators at all levels have been pressured to cut corners and ignore important policies and procedures, leading some to question their judgment. As a result, some employees are actively seeking work elsewhere. In the past Manteca Unified School District has generally served its students successfully. However, that effort may be jeopardized by the exceedingly disturbing actions described in this report. These actions must stop. If they are not stopped, the District risks further undermining its credibility with the community it serves and also risks losing some of the people who have been responsible for the District's successes. Both would severely stymie District progress. School boards have been in existence for centuries, and have a rich tradition of serving as upholders of the beliefs and values of the community they represent. Roles and responsibilities are part of that tradition. When school board members operate with respect for their appropriate roles and responsibilities, education can be strong, and great things can happen, especially for students. When Board members and administrators ignore agreed upon rules and policies, it can be as damaging as breaking the law. If trustees behave inappropriately with no regard or respect for established norms, the educational system can be seriously damaged, harming taxpayers, employees and, most importantly, students. Disclaimers Grand Jury reports are based on documentary evidence and the testimony of sworn or admonished witnesses, not on conjecture or opinion. However, the Grand Jury is precluded by law from disclosing such evidence except upon the specific approval of the Presiding Judge of the Superior Court, or another judge appointed by the Presiding Judge (Penal Code Sections 911, 924.1 (a) and 929). Similarly, the Grand Jury is precluded by law from disclosing the identity of witnesses except upon an order of the court for narrowly defined purposes (Penal Code Sections 924.2 and 929). Response Requirements California Penal Code Sections 933 and 933.05 require that specific responses to all findings and
No recommendations for this finding
F5
MUSD By-law 9210 "Qualifications"
Related Recommendations (1)
R5
MUSD By-law 9210 "Qualifications"
F6
MUSD By-law 9222 "Removal"
Related Recommendations (1)
R6
MUSD By-law 9222 "Removal"
F7
S. . . . . . . . . . . . . . . . . . . world To V---- San . BYLAW NO. 9000 (a) MANTECA UNIFIED SCHOOL DISTRICT ROLE OF THE BOARD The Governing Board has been elected by the community to provide leadership and citizen oversight of the District. The Board shall ensure that the District is responsive to the values, beliefs, and priorities of the community. The Board shall work with the Superintendent to fulfill its major responsibilities, which include: 1) Setting the direction for the District through a process that involves the community parents/guardians, students, and staff and is focused on student learning and achievement. Establishing an effective and efficient organizational structure for the District by: 2)
No recommendations for this finding
F8
deliberations. LEGAL REFERENCE Education Code 35010 Power of governing board to adopt rules for its own governance 35160 Board authority to act in any manner not conflicting with law 35164 Actions by majority vote Government Code Financial interest in contract 1090 Disclosure of confidential information 1098 1125-1129 Incompatible activities 54950-54963 The Ralph M. Brown Act 87300-87313 Conflict of interest code Management Resources CSBA PUBLICATIONS CSBA Professional Governance Standards, 2000 Maximizing School Board Leadership: Boardsmanship, 1996 WEB SITES CSBA: http://www.csba.org Board Adopted: To the second section of the second 86 S 5000 TO BYLAW NO. 9010 (a) MANTECA UNIFIED SCHOOL DISTRICT PUBLIC STATEMENTS The Governing Board of the Manteca Unified School District recognizes the responsibility of Board members in their role as community leaders to participate in public disclosure on matters of civic or community interest, include those involving the District, and their right to freely express their personal views. However, to ensure communication of a consistent, unified message regarding District issues, Board members are expected to respect the authority of the Board to choose its representatives to communicate its positions and to abide by established protocols. All public statements authorized to be made on behalf of the Board shall be made by the Board President, or if appropriate, by the Superintendent or other designated representative. When speaking for the District, the Board encourages its spokesperson to exercise restraint and tact and to communicate the message in a manner that promotes public confidence in the Board's leadership. The Board and District spokespersons shall not disclose confidential information or information received in closed session except when authorized by a majority of the Board. When speaking to community groups, members of the public, or the media, individual Board members should recognize that their statements may be perceived as reflecting the views and positions of the Board. Board members have a responsibility to identify personal viewpoints as such and not as the viewpoint of the Board. In addition, the Board encourages members who participate on social networking sites, blogs, or other discussion or informational sites to conduct themselves in a respectful, courteous, and professional manner and to model good behaviors for district students and the community. Such electronic communications are subject to the same standards and protocols established for other forms of communication, and the disclosure requirements of the California Public Records Act may likewise apply to them. LEGAL REFERENCE Education Code 35010 Control of district; prescription and enforcement of rules Government Code California Public Records Act 6250-6270 54960 Actions to stop or prevent violation of meeting provisions 54963 Confidential information in closed session MANAGEMENT RESOURCES Websites CSBA: http://www.csba.org Board Adopted: * * . : 9 N ....................................... BYLAW NO. 9011 MANTECA UNIFIED SCHOOL DISTRICT DISCLOSURE OF CONFIDENTIAL/PRIVILEGED INFORMATION The Governing Board of Manteca Unified School District recognizes the importance of maintaining the confidentiality of information acquired as part of a Board member's official duties. Confidential/privileged information shall be released only to the extent authorized by law. Disclosure of Closed Session Information A Board member shall not disclose confidential information acquired during a closed session to a person not entitled to receive such information, unless a majority of the Board has authorized its disclosure. Confidential information means a communication made in a closed session that is specifically related to the basis for the Board to meet lawfully in closed session. The Board shall not take any action set forth in Government Code 549563(c) against any person for disclosing confidential information (as defined above) nor shall the disclosure be considered a violation of Government Code 54963 when the person is:
Related Recommendations (1)
R8
deliberations. LEGAL REFERENCE Education Code 35010 Power of governing board to adopt rules for its own governance 35160 Board authority to act in any manner not conflicting with law 35164 Actions by majority vote Government Code Financial interest in contract 1090 Disclosure of confidential information 1098 1125-1129 Incompatible activities 54950-54963 The Ralph M. Brown Act 87300-87313 Conflict of interest code Management Resources CSBA PUBLICATIONS CSBA Professional Governance Standards, 2000 Maximizing School Board Leadership: Boardsmanship, 1996 WEB SITES CSBA: http://www.csba.org Board Adopted: To the second section of the second 86 S 5000 TO BYLAW NO. 9010 (a) MANTECA UNIFIED SCHOOL DISTRICT PUBLIC STATEMENTS The Governing Board of the Manteca Unified School District recognizes the responsibility of Board members in their role as community leaders to participate in public disclosure on matters of civic or community interest, include those involving the District, and their right to freely express their personal views. However, to ensure communication of a consistent, unified message regarding District issues, Board members are expected to respect the authority of the Board to choose its representatives to communicate its positions and to abide by established protocols. All public statements authorized to be made on behalf of the Board shall be made by the Board President, or if appropriate, by the Superintendent or other designated representative. When speaking for the District, the Board encourages its spokesperson to exercise restraint and tact and to communicate the message in a manner that promotes public confidence in the Board's leadership. The Board and District spokespersons shall not disclose confidential information or information received in closed session except when authorized by a majority of the Board. When speaking to community groups, members of the public, or the media, individual Board members should recognize that their statements may be perceived as reflecting the views and positions of the Board. Board members have a responsibility to identify personal viewpoints as such and not as the viewpoint of the Board. In addition, the Board encourages members who participate on social networking sites, blogs, or other
F1.1
Coercion by some trustees caused established Board policies and procedures, including safeguards, to be circumvented by some administrators
No recommendations for this finding
F1.2
Public statements by some trustees have caused anger and disruption in MUSD
No recommendations for this finding
F1.3
Some Board members interfered with employees' duties, violating Board policies and by-laws
No recommendations for this finding
F1.4
Behavior by some Board members has made employees fearful in the workplace
No recommendations for this finding
F1.5
Administrators have been spending inordinate amounts of time dealing with issues involving trustees, making it difficult for them to complete necessary District work
No recommendations for this finding
F2.1
Costs for legal services related to Board members' behavior has increased during the first nine months of the current fiscal year nearly 30 times what it was two years earlier
No recommendations for this finding
F2.2
The departure of the Weston Ranch High School principal added an unnecessary cost to the District 3.0 Fact Board and staff training In December, soon after Trustees Drain and Bronson were elected, they were given an option to attend training held by the California School Board Association (CSBA) in San Francisco. Mr. Bronson was not able to attend due to conflicts with work. Ms. Drain was scheduled to go, but when she arrived to check in at her hotel, she found it unacceptable. She returned home, and did not attend the training. The hotel has since been removed from the CSBA list of conference hotels. Other, more senior board members have not attended training for some time. On January 13, 2015, a Board study session was held with the District's attorneys. The subjects included the following: an ethics overview, role of the board, Brown Act basics, and transparency in government. Sub-topics explored the issues of the use of technology during meetings, agreement on district spokesperson, and the power of an individual board member. At the February 10, 2015, Board meeting training was an agenda item. After discussion the District voted to sponsor each trustee's attendance at one eight-hour CSBA training session per year. Mr. Bronson suggested the training be mandatory. His proposal was not included in the motion. The Grand Jury learned that no administrators have received orientation on interacting with Board members. As a result, numerous incidents occurred during the last few months that allowed policies and procedures to be circumvented because staff did not understand their responsibilities. Findings
No recommendations for this finding
F3.1
Only a few trustees have attended school board training in recent years preventing some trustees from having a common understanding of their role and responsibilities
No recommendations for this finding
F3.2
A lack of understanding by staff of the role of Board members has caused serious problems
No recommendations for this finding
F4.1
Board by-laws Sections 9000, 9005, 9010, and 9011 were violated by the Board members as described in this report.
No recommendations for this finding
F4.2
By-laws changes dealing with the Board were added or updated as a result of Board member behavior Conclusion The Grand Jury found that inappropriate and disrespectful behavior by Board members has been the greatest challenge for Manteca Unified School District in many years. Disrespect for each other, for employees, and for community members has created a toxic climate. Additionally, administrators at all levels have been pressured to cut corners and ignore important policies and procedures, leading some to question their judgment. As a result, some employees are actively seeking work elsewhere. In the past Manteca Unified School District has generally served its students successfully. However, that effort may be jeopardized by the exceedingly disturbing actions described in this report. These actions must stop. If they are not stopped, the District risks further undermining its credibility with the community it serves and also risks losing some of the people who have been responsible for the District's successes. Both would severely stymie District progress. School boards have been in existence for centuries, and have a rich tradition of serving as upholders of the beliefs and values of the community they represent. Roles and responsibilities are part of that tradition. When school board members operate with respect for their appropriate roles and responsibilities, education can be strong, and great things can happen, especially for students. When Board members and administrators ignore agreed upon rules and policies, it can be as damaging as breaking the law. If trustees behave inappropriately with no regard or respect for established norms, the educational system can be seriously damaged, harming taxpayers, employees and, most importantly, students. Disclaimers Grand Jury reports are based on documentary evidence and the testimony of sworn or admonished witnesses, not on conjecture or opinion. However, the Grand Jury is precluded by law from disclosing such evidence except upon the specific approval of the Presiding Judge of the Superior Court, or another judge appointed by the Presiding Judge (Penal Code Sections 911, 924.1 (a) and 929). Similarly, the Grand Jury is precluded by law from disclosing the identity of witnesses except upon an order of the court for narrowly defined purposes (Penal Code Sections 924.2 and 929). Response Requirements California Penal Code Sections 933 and 933.05 require that specific responses to all findings and
No recommendations for this finding

Conclusions 8

* This report's PDF did not contain easily extractable text and required Optical Character Recognition (OCR) for analysis. There may be minor errors in the extracted findings and recommendations due to OCR limitations with scanned documents.