2007-2008 Santa Clara County Civil Grand Jury Report Luther Burbank School Board Member Resigns After Grand Jury

Conclusions 2

• CL1 Page 3
  Gustavo De La Cruz was not a resident of LBSD and improperly failed to resign from the LBSD Board upon moving out of his residence in the District. During the time that he continued to serve on the Board while failing to fulfill the residency requirement under California law, he collected his monthly stipend and cash in lieu of health benefits from the District.
• CL2 Page 2
  Mr. De La Cruz was not a resident of the Luther Burbank School District from September 2006 until his resignation in March 2008 and according to the Education Code was not eligible to serve on the Board during that time. His continuing Board membership was in violation of the California Education Code. Mr. De La Cruz improperly received LBSD Board member benefits of a monthly stipend and cash in lieu of benefits during the time of his nonresidence. 2 Findings and Recommendations Finding 1 Gustavo De La Cruz was not a resident of LBSD and improperly failed to resign from the LBSD Board upon moving out of his residence in the District. During the time that he continued to serve on the Board while failing to fulfill the residency requirement under California law, he collected his monthly stipend and cash in lieu of health benefits from the District. Recommendation 1 The Grand Jury recommends that LBSD pursue legal means to recover all compensation, with interest, that was paid to Mr. De La Cruz during the time that he no longer resided within the District but continued to serve on the LBSD Board of Trustees. Finding 2 The LBSD Board failed to carry out its responsibility to comply with the requirements of the California Education Code by allowing a nonresident Board member to continue to serve on the Board. 3 Key References Documents California Education Code, Sections 35010(b) and 35107(a). California Government Code, Section 1770. California School Boards Association. District/COE/ROP Roster Update, November 19, 2007. Concerned Citizens of Burbank, to President, Luther Burbank School District Board of Trustees. Letter, October 20, 2006. De La Cruz, Gustavo, to Santa Clara County Board of Education. Subject: Resignation as Board Member of LBSD, March 7, 2008. Luther Burbank School District Board of Education. Minutes of Meeting, November 14, 2006. State of California, Office of the Attorney General. 75 Ops.Cal.Atty.Gen. 287, 288 (1992). State of California, Office of the Attorney General. 79 Ops.Cal.Atty.Gen. 243, 245 (1996). State of California, Office of the Attorney General. 81 Ops.Cal.Atty.Gen. 94, 98, 101 (1998). State of California, Office of the Attorney General. 83 Ops.Cal.Atty.Gen. 181 (2002). Interviews February 12, 2008 Superintendent, Luther Burbank School District 4 PASSED and ADOPTED by the Santa Clara County Civil Grand Jury on this 17th day of April, 2008. Raymond A. Blockie, Jr. Foreperson Tim Cuneo Foreperson pro tem Kathryn C. Philp Secretary 5

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