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Extracted from Consolidated Report
This investigation was originally published as part of a larger consolidated report containing multiple investigations. View the consolidated PDF for the complete document.
Santa Cruz County Grand Jury
• 2006-2007
law, one might expect that the committee would insist on seeing program documentation to confirm that such programs are
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⚠️ Este contenido ha sido traducido automáticamente. El texto original en inglés es la versión oficial. La traducción puede contener errores.
Findings 53 findings
F1
The specific project list which defines for the voters what they are voting on is not clear and consistent in the District Master Plan, voter pamphlet, COC Annual Report and the performance audits. Response: The Cabrillo Community College Governing Board DISAGREES. Cabrillo College has consistently met all of the reporting and compliance requirements for school bond funds. The purposes of each of the reports, 1) District Facility Master Plan, 2) COC Annual Report and 3) Proposition 39 performance audit differ from the purpose of the voter pamphlet. • The District Facility Master Plan (FMP) is a comprehensive document that sets forth a long term vision for the facility needs of the college. It includes projects funded not only by local bond funds, but also funds provided by the state capital outlay program, redevelopment agencies, and local contributions. Twice a year, the FMP is submitted to the Governing Board at a public meeting for approval and to the COC for review. This report provides a detailed summary of projects recently completed, projects under construction, and projects approved for future construction. This semi-annual report also provides recommendations for changes to FMP projects; scope, budget or schedule. In addition, a monthly FMP Project Status Report is submitted to the Governing Board and to members of the COC for their review. This report provides monthly updates on the status of major active FMP projects. • In compliance with Proposition 39, the voter pamphlet is a brief summary of portions of the Facility Master Plan which are authorized projects to be funded with Measure D funds. • The COC Annual Report contains a summary of the “results of its (COC) activities” for the prior year. (Ed. Code 15280) and a statement regarding whether the District is in compliance with state law in accounting for and expending public bond funds. Window Dressing or Effective Oversight? - 6 • The Proposition 39 Annual Performance Audit reflects only a description of the projects on which bond money was spent as authorized by Measure D and a conclusion as to whether or not bond funds were used for teacher or administrator salaries.
F2
The district has narrowly interpreted (as reflected by the development and provisions in the by-laws) the requirement for COC independence. It meets the minimum membership requirements specified in the California Education Code. Response: The Cabrillo Community College Governing Board DISAGREES. COC “independence” means that the committee is not populated with persons who have conflicts of interest with the District, the implementation of Measure D, or the consultants who assist in the execution of Measure D. In all respects the establishment and empowerment of the District COC satisfies all Proposition 39 requirements. The COC satisfies the membership requirements of Education Code 15282, is totally independent, and satisfies Education Code 15278(b) which states: “The purpose of the citizens' oversight committee shall be to inform the public concerning the expenditure of bond revenues.”
F3
The district limited the membership to the legally required seven members and did not pursue expanding the number of members to obtain relevant expertise on the oversight committee to provide more effective oversight. Response from the Cabrillo Community College Governing Board: The Cabrillo Community College Governing Board AGREES that the membership of the COC satisfies the legal requirements, and DISAGREES that the District did not pursue expanding the membership beyond the requirements of the Education Code. Expanding the membership was discussed with the District bond counsel who advised against membership expansion on the grounds it would defeat the legislative intent of Proposition 39 and dilute the voice of members who represent groups often opposed to bond taxes, i.e. taxpayers, seniors, and business persons. The expertise of the members of the COC represents the community’s interest in providing effective and knowledgeable oversight of Measure D funds as follows: • General contractor/developer with significant number of construction projects, apartments, homes, school facilities • Local business owners: insurance, food franchise • Previous experience on school oversight committees • Public School Board Member • Local Financial Institution Board Member • Community relations • Representative of very large local employer • Santa Cruz County Assessor • Technical writer, editor • Student Senate leadership and budget management – 7 Window Dressing or Effective Oversight?
F4
The Citizen Oversight Committee by-laws were, in effect, imposed on the committee without significant discussion or a vote by the committee members. These by-laws limited the committee’s authorized activities (only four listed activities) to less than what was communicated to the voters that is to “work with the Citizen’s Oversight Committee on prioritizing ... projects...” per the voter pamphlet. Response: The Cabrillo Community College Governing Board DISAGREES. As formulated by the Education Code, the COC is an advisory committee empowered by State law, established by the Cabrillo College Governing Board, overseen by the Governing Board and the COC is without the authority to expand its powers or establish its own bylaws. While the bylaws did not reflect the phrase from the Full Ballot Text that the “District would work with the Citizens’ Oversight Committee on prioritizing those project in the event factors beyond the District’s control require that projects be reconsidered,” such inclusion was not necessary. The District has had a successful, open dialogue with the COC regarding what projects have been selected for funding, and how those projects progress; Student Activities Center, Arts Education Classrooms, Allied Health Classrooms, Watsonville Educational Center Expansion, accessibility projects, and remodeling and renovating existing and vacated classroom, lab and office space. In fact, only one Measure D project has been deferred, the second access bridge across Soquel Drive, and the deferral of the project was discussed with the COC.
F5
The independent performance audit reports by two CPAs did not express an opinion about whether or not there had been any misappropriation of funds. Response: The Cabrillo Community College Governing Board PARTIALLY AGREES. Proposition 39 does not provide any guidance as to the content of a performance audit. In the absence of performance audit standards, Cabrillo worked with their auditors prior to the audit to define a process that fulfills the intent of Proposition
F6
The district has not defined and published an integrated construction quality control program document and a construction safety program document for the Measure D projects. Window Dressing or Effective Oversight? - 8 Response: The Cabrillo Community College Governing Board DISAGREES The District has defined quality control and safety program requirements in the contracts with the construction managers, architects, inspectors and contractors. The contractors are contractually responsible for the quality of their work as described in the contract documents, Section 2.3.4.2 (Construction Quality). The construction manager has the authority and responsibility to address defective or deficient construction or workmanship as stated in section 2.3.4.3 of the contract (Rejection of Work). The Inspector of Record also has responsibility for the quality of work on the site as required by Section 9-81130 of the Education Code. In addition the Architect of Record’s agreement with the District requires that the Architect shall “advise the District regarding defects and deficiencies observed by the Architect in the work of the contractors.” With regards to safety, the contractors are clearly responsible for safety on the job site as defined in section 4.9.1 of their General Conditions which states: The Contractor shall be solely responsible for initiating, maintaining and supervising all safety programs required by applicable law, ordinance, regulation or governmental orders in connection with the performance of the contract, or otherwise required by the type or nature of the Work. The Contractor’s safety program shall include all actions and programs necessary for compliance with California or federally statutorily mandated workplace safety programs, including without limitation, compliance with the California Drug Free Workplace Act of 1990 (California Government Code 8350 et seq.). Without limiting or relieving the Contractor of its obligations hereunder, the Contractor shall require that its Subcontractors similarly initiate and maintain all appropriate or required safety programs. With regards to safety each Contractor is defined as the “controlling employer” for purposes of the Multi-Employer Worksite Rules of the California Occupational Safety and Health Administration (California Code of Regulations 336.10). The District has implemented more frequent safety inspections as a result of concerns from the Grand Jury. The District has contracted with Safework to conduct inspections on a twice per month basis and to insure that prior safety notices have been remedied.
F7
One inspector of record did not agree that he had responsibility for what was called “quality control” by the construction manager. Response from The Cabrillo Community College Governing Board: The Cabrillo Community College Governing Board AGREES that the inspector of record may not have agreed to having responsibility for quality control, but DISAGREES with the inspector of record’s opinion. As mentioned in item 6 the inspector of record is responsible for the document completion on the site as is required by Section 81130 of the Education Code as follows: “(a) The Department of General Services under the police power of the state shall supervise the design and construction of any school building or the reconstruction or alteration of, or addition to, any school building, if not exempted under Section – 9 Window Dressing or Effective Oversight? 81133, to ensure that plans and specifications comply with the rules and regulations adopted pursuant to this article and building standards published in Title 24 of the California Code of Regulations, and to ensure that the work of construction has been performed in accordance with the approved plans and specifications, for the protection of life and property.” The District is not aware of any other inspector on site (of which there are currently five) who agrees with the opinion of the one cited. Conclusions
F8
The oversight of the Measure D Bond projects is more than “window dressing,” but it can be improved. Window Dressing or Effective Oversight? - 10
F9
The results cartridges for the touch screens and memory packs for the scanners are created on a stand-alone computer at the warehouse. They are then loaded and sealed into the appropriate precinct equipment and stored until ready to be shipped to the polling place. Access to both the warehouse and office are controlled through the use of color-coded security badges. - 6 Electronic Voting 2005 – 2006 Santa Cruz County Grand Jury Final Report with Responses Four Elections Department supervisors with the widest access to the county's voting machines and voting materials have their own color-coded badge. Temporary employees, who must be escorted and supervised inside the secure area, have a different color badge, as do permanent Elections Department employees, visitors and exhibitors, and voting machine vendors. Response from the Elections Officer: In addition, entrance into the secured area where voting equipment is stored and programmed is locked in a separate caged facility within the warehouse and entrance is restricted only to three people who have clearance.
F10
The warehouse has an alarm system, provided by First Alarm. An access card is required in order to enter. The Information Systems Analyst, Department Information Systems Specialist and the Election Officer have the First Alarm access code. Response from the Elections Officer: Only the County Clerk, Assistant County Clerk and Department Information Systems Specialist have the access code and magnetic card for access.
F11
A large door is locked from the inside. All equipment is within a caged area of the warehouse with controlled access. Response from the Elections Officer: In addition, there is 24-hour camera surveillance of the warehouse facility. C. Poll Site Security/Physical Equipment
F12
The assigned person at each precinct picks up the voting equipment from the warehouse the day before the election. The cartridges are already in place and sealed. A poll worker takes the equipment home. On election day, they take it to the polling place and set it up. Response from the Elections Officer: We have four distribution centers: the Warehouse, Felton Fire, Aptos Library and Watsonville City Hall. In addition, we deliver equipment and supplies to the Inspectors at our Summit precincts on the Thursday before Election Day.
F13
At the close of the polls, two designated persons break the seals on the results cartridge and the memory pack and remove them from the machines. Cartridges and seals are put in a sealable orange bag. The printer is removed from the touch screen machine for transport. The orange bag and printer are prepared by an inspector and a designated person. These items are taken to the election department, where the bags are checked, verified, and stored in the Information Systems Analyst office until ready to tally. The person who checked out the equipment and brought it to the polling site is also responsible for taking it back to the county building. All voting equipment is eventually returned to the warehouse for storage. Electronic Voting - 7 2005 – 2006 Santa Cruz County Grand Jury Final Report with Responses Response from the Elections Officer: There are three return centers: The County Government Center, Watsonville City Hall and Felton Fire Station. We are looking into adding more in the future.
F14
After the November 2006 election, the above process was reviewed by election staff. It was found that there were delays in equipment check-in. Response from the Elections Officer: In the future, the number of return centers will increase in an effort to decrease the time it takes for poll workers to return equipment and supplies.
F15
The issue of fire protection of the polling places was not addressed when the polling places were chosen. Since most poll sites are in public buildings, it was assumed that the fire protection available at the poll site location would be relied on. Response from the Elections Officer: Correct.
F16
The strategy to put just one touch screen at each polling place proved to be a good one. It satisfied the requirements for voter accessibility while providing more current technology for voters. The mixture of technology also provided backup. If the printer or other equipment had a problem, voters had another way to cast their votes.
F17
Sequoia Systems is a state-approved vendor for the new voting equipment. They were chosen by Santa Cruz County to provide the voting equipment. Response from the Elections Officer: The system is federally-qualified and state-certified. On August 3, 2007, the SOS re-certified the system subject to conditions.
F18
The touch screen voting machine has a printer which records the votes. It has 300 feet of paper inside the machine. During the last election, the paper often jammed. Response from the Elections Officer: There were a dozen paper jams on 140 units deployed. Personnel have since been trained to identify and correct most of the paper jamming problems.
F19
During the November 2006 election, two or three scanners failed and at least 12 printers jammed. When the failed scanners were tested, it was determined that they probably had been damaged in transport. Response from the Elections Officer: Two scanners were replaced at the beginning of the day due to malfunctions. Processes were in place for replacement equipment to be rapidly deployed. There was no delay in voting. Other scanner problems occurred, but they were operator error and were resolved via phone conversations with trained staff.
F20
The 400C Ballot Counter Machine reads the ballots very quickly. However, the catch basket, which is located outside the machine, is not large enough to hold all of the ballots. As a result, ballots can get bent or be ejected onto the floor. - 8 Electronic Voting 2005 – 2006 Santa Cruz County Grand Jury Final Report with Responses Response from the Elections Officer: One person operates the 400C while two people collect ballots. This system ensures the least amount of stress on the ballots, so they are easily stored in ballot storage containers. We had 2 ballots fall on the floor and they were retrieved.
F21
The results cartridge plugs into touch screen equipment. It contains a database for capturing the votes as they are input by the voter. This cartridge cannot be removed without breaking a seal. Response from the Elections Officer: Correct.
F22
The memory pack plugs into the optical scanner. It also uses a database for capturing the votes as they are input when the ballot is scanned. The memory pack cannot be removed without breaking a seal. Response from the Elections Officer: Correct.
F23
Firmware (software imbedded in the machine) operates the machines. The Secretary of State demands the firmware be at a specific level (version). It cannot be changed after 60 days prior to election. A test is run to ensure the firmware level (version) is correct. Response from the Elections Officer: Correct.
F24
To ensure the reliability and accuracy of the equipment, logic and accuracy testing is conducted by the vendor and county personnel. Some experts believe that this testing is insufficient for validating the accuracy and reliability of the vote. They argue that it consists only of verifying whether the equipment is working. It does not evaluate the equipment’s security. Response from the Elections Officer: Logic and Accuracy tests are done by elections staff and a Logic and Accuracy board made up of people from our community. The vendor is not involved in this test. The test uses ballots, either paper or electronic, where the vote totals are known. The tests are run to ensure that the machines are counting correctly. An observation panel is invited to watch these tests. It is not a security test. Security is achieved through the processes and procedures we have in place as well as meeting the conditions required by the Secretary of State. Equipment security improvements are also being implemented by the vendor. Sequoia currently has voting system upgrades going through the federal qualification process that address identified security concerns.
F25
After they are finished voting, voters who use the touch screen equipment can verify the accuracy of their votes by looking at a compilation of their votes that is displayed in a window on the machine. Electronic Voting - 9 2005 – 2006 Santa Cruz County Grand Jury Final Report with Responses Response from the Elections Officer: It is displayed on a Voter Verified Paper Audit Trail that is under a window attached to the machine.
F26
Following a written procedure, the designated poll worker and one other poll worker break the outer seal and assist the first voter to verify prior to his or her vote that the “total votes” displayed is zero. Both the poll worker and the voter sign an official document verifying that the vote count is zero. Response from the Elections Officer: The zero vote report is verified in writing by the first voter on the touch screen and the first voter who uses a paper ballot that is scanned into the scanner.
F27
On 10 percent of machines, a random sample with full paper recount is taken to check that the machines are tallying correctly. Response from the Elections Officer: Correct. SOS conditions require a 100 percent manual recount.
F28
After the November 2006 election, Capitola initiated a manual recount. Each precinct was reconciled separately. With approximately 3000 votes to count, it came out to within one vote of the machine count. The final election results did not change. Response from the Elections Officer: There was a recount requested for the Capitola City Council contest as well as the Watsonville City Council, District 5 contest. In both cases, a voter marked a vote on a paper ballot outside of the voting target area so the vote could not be read and tallied by the ballot counters. In both cases, this one ballot did not affect the outcome of the contests.
F29
During the November 2006 election, a number of absentee ballots had to be redone due to the types of pens used. Some voters used pens that bled through the paper and could not be read by the scanner. Response from the Elections Officer: Better instruction will be provided to voters in the future. Voters are instructed to use a blue or black ink pen. Pencil also works. But when voters use a Sharpie or felt-tip pen, the mark bled through the back-side of the ballot and resulted in untended votes on contests printed on the back side. A better stock of paper could also help this situation, but could increase postage due to weight. Ballots that had to be remade to reflect voter intent were done so in accordance with the law. - 10 Electronic Voting 2005 – 2006 Santa Cruz County Grand Jury Final Report with Responses
F30
Provisional ballots were being used for voters who had come to the wrong polling place. Some provisional ballots had to be redone because they were folded the wrong way. Response from the Elections Officer: There are fold marks on the paper ballots. In the future, poll workers will be trained on how to fold the ballot correctly. Ballots that had to be remade to reflect voter intent were done so in accordance with the law.
F31
An organized training plan with documentation was provided for the poll workers and inspectors. One person at each polling site was trained and certified to use the machines. There were “rovers” who traveled between polling sites to check on machines and supplies. Response from the Elections Officer: In most cases, there were two people assigned to each polling place who were trained on the machines. In addition, there were two other people one Technical Rover and one Roving Inspector who were assigned a few sites to visit frequently during the day. In one case, one person served in both roles of the Technical Rover and Roving Inspector. The Technical Rover had additional training on how to troubleshoot problems with voting equipment at the polls. The Roving Inspector was trained on overall polling site operations and access issues. In addition, there were Runners at the elections headquarters who were trained to be dispatched where needed.
F32
Before the November 2006 election, county staff did a lot of on-the-job training while concurrently preparing for the election because the equipment arrived late. Response from the Elections Officer: Correct. We work under very tight deadlines that cannot be extended.
F33
The training documentation from the vendor had to be completely redone because it had to be customized to the design of the Santa Cruz County election model. Response from the Elections Officer: Correct.
F34
In the future, the Elections Department plans to create a professional DVD to supplement poll worker training. Response from the Elections Officer: Correct. It is currently in process.
F35
Poll workers have documentation binders which have flip charts and checklists. Also, they are trained how to deal with the press and observers. Response from the Elections Officer: Correct. Electronic Voting - 11 2005 – 2006 Santa Cruz County Grand Jury Final Report with Responses
F36
Poll workers indicated they wanted more “hands-on training” with the machines in addition to having more poll workers trained on the equipment. These machines are sophisticated computer equipment, and if something goes wrong, many poll workers don’t know what to do. (See Poll Worker Survey in the Appendix for more information.) Response from the Elections Officer: The Department offered an open lab from 8 a.m. to 5 p.m. Monday – Friday during the weeks prior to the Election with extra hours available in the evening and on the weekend upon request. Election workers were encouraged to take advantage of this extra hands-on training. Many did. In the future, we plan to move this lab to another location and better communicate to our election workers its availability.
F37
The physical arrangement of the polling places was similar to past elections. This consistency contributed to a stable atmosphere. Response from the Elections Officer: Correct.
F38
The touch screen machine was positioned with the back of the machine to the wall. This placement meant that the voter’s selections could be seen by others standing nearby. Response from the Elections Officer: We wanted to protect the back side of the machine which needs to be manual activated to pull up a ballot. The machines do not lend themselves to be turned around easily. A solution to this issue is being discussed with staff and the vendor.
F39
The critical component is to design a process that compares the amounts spent to the purposes specified in the bond language the voters approved. This type of report requires that the accountant not issue an opinion, either positive or negative. The auditors have reported in the performance audits the following for Cabrillo: “Our review of the expenditures for the period July 1, 2005 through June 30, 2006, did not reveal any items that were paid from the general obligation bond funds that did not comply with the purpose of the Bonds as approved by the registered voters of the District on March 2, 2004.” The financial audit reports include a summary of what projects were funded with bond monies and state a conclusion whether bond money was or was not used for teacher or administrative salaries or other school operating expenses.
F40
Santa Cruz County was sued by the State Attorney General for not following Americans with Disabilities Act (ADA) regulations for polling sites. The parties agreed to settle the lawsuit without finding that the county had violated the ADA regulations. Response from the Elections Officer: Correct.
F41
Some polling places that were shared by more than one precinct also shared touch screen machines. This arrangement caused some confusion because voters had to identify which precinct they were voting in as the first step in the voting process, and many did not know. - 12 Electronic Voting 2005 – 2006 Santa Cruz County Grand Jury Final Report with Responses Response from the Elections Officer: Our plan is to purchase additional touchscreens and scanners to allow us to assign one of each to each voting precinct. This plan is on hold pending final clarification from the SOS on the conditional certification of the voting equipment and renewal of the Help America Vote Act contract to allow these costs to be covered by the federal funds. It is very possible the additional equipment will not be received in time for February 2008, but we anticipate having them in time for June 2008.
F42
In the start-up process for the new voting system, the Department Information Systems Specialist, Elections Officer, Assistant County Clerk and the Information Systems Analyst were trained first, and then they were able to provide training for others. Sometimes training occurred simultaneously with the installation of the new equipment. Response from the Elections Officer: Correct.
F43
The staffing for the poll places was conducted in the same manner as in previous elections. Polling place staff is typically temporary help from the community. The polling place supervisors are relied upon to pick up the equipment at the warehouse the day before the election, keep it at their houses overnight and take it to their polling places in the morning for set up. Response from the Elections Officer: We had additional staff at the polls and had the addition of the Technical Rovers. We also rely heavily on county workers to serve in the polls. For the 2008 election cycle, the Board has agreed not to hold board meetings thereby freeing up additional county workers who can serve in the polls.
F44
In an effort to educate the public, the Elections Department distributed thousands of voter pamphlets to the public via U.S. mail. The department personnel also gave speeches and distributed educational material at local public schools, bookstores, the Capitola Mall, and the county fair. Media promotion included television and public radio interviews and press releases. Response from the Elections Officer: In addition, a flyer introducing the new voting system was mailed to every registered voter. County Sample Ballots are also mailed to every registered voter in addition to being available on our website at www.votescount.com
F45
Despite the education campaign, some voters were confused as to how to mark their ballots. For example, some voters who used the paper ballots did not understand how to connect the arrows to the candidate or issue they were voting on. Electronic Voting - 13 2005 – 2006 Santa Cruz County Grand Jury Final Report with Responses Response from the Elections Officer: We found voters were better able to follow this new voting method than when we switched from a punch card voting system to a marking system. Even with the previous Mark-A-Vote ballot, voters often circled choices or made some other mark to make their selections. We continue to try to improve ways to educate voters on how to mark their ballots.
F46
In general, voters who used the touch screen machine seemed unaware of the importance of verifying their votes by comparing them with the compilation of their ballot that was visible through a window on the machine. Response from the Elections Officer: It’s hard to say what voters find important. Some voters mark a paper ballot so quickly they fail to vote the back side. I believe all voting takes time, care and consideration and choices whether made electronically or on paper require double checking to ensure the voter marked his/her choices as intended. Certainly checking the paper record on a touch screen unit to confirm the electronic record provides reassurance that the vote was recorded accurately, if the voter wants that reassurance. Poll workers will be asked to remind touch screen voters to verify their votes on the VVPAT.
F47
County election officials determined that there would be one touch screen at each polling place. The new scanner would be the main voting machine. They reported that this choice proved to be a good decision. Not only did it provide the necessary accommodations for voters with disabilities, but it also ensured the reliability of the voting process. Having a mixture of technologies ensured that votes could be cast in the event of equipment failures. For example, if the touch screen printer jammed, except for those who are sight impaired, voters had an option to use a paper ballot.
F48
A recent news release announced that Florida will shift its voting system to a system of casting paper ballots counted by scanning machines. Several counties around the country will be moving to adopt the touch screen system with the paper trail.
F49
On election day, the Grand Jury conducted a two-part poll worker survey and collected 104 surveys for analysis. The first part of the survey covered the poll worker training (see #4 above — Adequacy of Poll Worker Training), and the second part was a critique of the election day process. While most were extremely positive as to the work of the Elections Department, they made substantive recommendations for continued improvement of the elections process including the use and placement of the equipment. [See Appendix for full results of the survey.] - 14 Electronic Voting 2005 – 2006 Santa Cruz County Grand Jury Final Report with Responses One hundred and four poll workers out of a total of 917 in Santa Cruz County were surveyed. They were asked to rate aspects of the voting experience from 1 to 5, with five being the best rating possible. The results were as follows: • Training materials: 4.3 • Overall preparation: 4.0 • Adequacy of election day staffing: 4.5 • Ease of equipment set up: 4.3 • Workers indicated they wanted more training on the machines and “hands on” practice.
F50
The Grand Jury also conducted exit surveys with 320 voters throughout the county. (The total votes cast was recorded as 50,189 in 170 polling places.) The results of the survey are as follows: • Only about 19 percent of the sample chose to use the touch screen machines. • One hundred percent of those who chose to use the touch screen felt comfortable using it. • Ten percent of those who chose to use the paper ballot with optical scanner felt uncomfortable using it. B. Grand Jury Observations
F51
Members of the Grand Jury made general observations while conducting the exit voter and poll worker’ surveys at the November 2006 election. They witnessed the failure of some equipment and agreed with many of the solutions suggested by the poll workers. [See Appendix for more information about the survey.]
F52
During the November 2006 election, it was observed that most poll workers gave paper ballots to the voters and did not indicate that the touch screen method was available.
F53
It was also observed that not all voters were offered a receipt for voting when they used the touch screen machine. Conclusions
Recommendations 18
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R1For bond measures, the district should develop a clearly numbered specific facilities project list for the voter pamphlet and use that specific list in future tracking and reporting. Response from the Cabrillo Community College Governing Board: This recommendation will not be implemented. The District Facility Master Plan is a detailed and comprehensive report, expanding on the COC Annual Report. This report is submitted as an action item to the Governing Board and Citizens’ Oversight Committee twice a year approving changes in scope, budget and/or scheduling. It tracks all of the Measure D projects to date and includes other projects funded by other sources as well. In addition, the FMP is submitted monthly to the Governing Board and Citizens’ Oversight committee for review and discussion on the status of active projects.
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R2For future Citizen Oversight Committee annual reports, the committee should develop a specific facilities project list that translates all of the Measure D project categories to a project list and identifies those projects for which Measure D funds are planned but have not been expended to date. Response from the Cabrillo Community College Governing Board: This recommendation will not be implemented. The Education Code (15280) requires that “the citizens’ oversight committee shall issue regular reports on the results of its activities. A report shall be issued at least once a year.” The activities of the committee, as defined in Education Code 15278(b) are to review expenditures of bond funds, satisfy themselves that such expenditures were made for voter-approved purposes and that no money was applied to teacher or administrative salaries or other school operating expenses and then to inform the public concerning the past expenditures of those funds. The Governing Board and staff tracks all projects for which Measure D funds are planned but have not been expended to date.
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R3The independence of the oversight committee should be strengthened. The committee should be more proactive and take the following steps with the district’s concurrence and cooperation: • Review, recommend changes to the district, if any and, formally adopt the by-laws, with or without comments. Response from the Cabrillo Community College Governing Board: This recommendation will not be implemented. The recommendations are not consistent with the requirements of the Education Code or are currently permitted by the operation of the committee. As previously stated, the committee’s independence is assured by the membership selection requirements of the Education Code and the Ethics Policy Statement relating to the committee. Further, the Education Code contains no provision for an oversight committee to adopt its own bylaws. Currently, the committee has been advised that if the committee has any comments on the existing bylaws approved by the Board that such – 11 Window Dressing or Effective Oversight? suggestions may be made to district staff or may be presented to the Board of Trustees in public session. With respect to the selection of independent auditor and the process of preparing and delivering the audit, California Constitution directs that it is a district responsibility, not a committee responsibility. The Committee, as required by law, does receive and review, to whatever extent they determine, the audit. The recommendations offered by the Grand Jury are inconsistent with the current laws allocation of the accountability safeguards in Proposition 39 between the District and the committee. • Review and formally comment on the selection of the independent auditor prior to the appointment. Response from the Cabrillo Community College Governing Board: This recommendation will not be implemented. The California Constitution directs that the process of preparing and delivering the audit is the District’s responsibility. • Review and formally recommend changes to the District, if any, on the audit scope and methodology prior to the audit being conducted. Response from the Cabrillo Community College Governing Board: This recommendation will not be implemented. The California Constitution directs that the process of preparing and delivering the audit is the District’s responsibility. • Review and comment to the District on the final audit report and formally accept with or without comments. Response from the Cabrillo Community College Governing Board: This recommendation has been implemented.
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R4Increase efforts to solicit membership in the Citizen Oversight Committee to a broader audience such as with newspaper advertisements and/or announcements inviting individuals with specific relevant expertise to apply. Response from the Cabrillo Community College Governing Board: This recommendation has been implemented. The District currently uses newspaper advertisements, as well as other forms of publicity, to attract applicants to serve on the Committee. The District will continue to seek individuals who satisfy the qualifications of membership as set forth in Education Code and if applicants also possess experience in construction projects, accounting, finance, etc., those applicants will have those experiences recognized in the selection process and, assuming they satisfy the Education Code categories, would be attractive members of the committee. Window Dressing or Effective Oversight? - 12
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R5Revise by-laws to describe the process for resolving issues of concern to the oversight committee. Response from the Cabrillo Community College Governing Board: This recommendation will not be implemented. The bylaws and operating practice currently provide ways through which concerns can be expressed. First, the committee has exclusive control over the agenda of its meetings. If a concern arose, the committee would agendize the issue and discuss it at its next properly noticed public meeting. If the committee requests the District respond to a concern, the response is provided by the District at this meeting or at a subsequent meeting. If the committee is not satisfied with the answer of the staff, Section 5.8 of the bylaws states that “individual members of the committee retain the right to address the Board [of Trustees] either on behalf of the Committee or as an individual.” The Board then has the duty to respond to any concerns expressed.
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R6Revise by-laws to include the committee’s role in prioritizing projects for delays or cancellations as described in Measure D. Response from the Cabrillo Community College Governing Board: This recommendation has not been implemented, but will be implemented during the spring 2008 semester.
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R7The district should document the roles and responsibilities of the district, the construction manager, the contractors and the inspector of record for construction quality control and safety. Response from the Cabrillo Community College Governing Board: This recommendation will not be implemented on existing work due to the fact this is addressed in current contract language. On future projects, District will revise contract language as necessary to provide additional clarif[ication] regarding roles.
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R8In the future, the auditor should use a more specific facilities project list. Response from the Cabrillo Community College Governing Board: This recommendation has been implemented.
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R9In future audits, the processes and a sufficient number of invoices should be tested to allow the auditor to render an opinion with a high and defined level of confidence that there has been no misappropriation of funds. Response from the Cabrillo Community College Governing Board: This recommendation will not be implemented. The performance audit report requires that the accountant not issue an opinion, either positive or negative.
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R10In future audits, the auditor should report on the number of invoices examined and the total invoices processed for the Measure D fund. – 13 Window Dressing or Effective Oversight? Response from the Cabrillo Community College Governing Board: This recommendation has not been implemented, but will be implemented for the June 2008 audit. Responses Requested Entity Findings Recommendations Respond Within Cabrillo Community 1 - 7 1 - 10 90 Days College Governing October 1, 2007 Board
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R11Because of the common practice of storing the equipment at the polling place supervisor’s house overnight, these supervisors should be identified as far in advance as possible to allow for additional training on security procedures and the vulnerability of the equipment. Response from the Elections Officer: That is always our plan to recruit our inspectors early on and train them. However, cancellations always occur and we have to fill the position and provide last-minute training when needed. We are looking into a tamper- proof bag for the voting units and development of a security plan that will be given SOS approval so we can continue this method of equipment deployment. In the meantime, we are looking into other ways to ensure practical and secure voting equipment deployment.
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R12The Elections Department should plan to strengthen its “advertising” campaign for future elections. It should focus on educating the voters to verify the paper trail when using the touch screen equipment. Response from the Elections Officer: Verifying correctly voted electronic and paper ballots will be stressed.
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R13The Elections Department should review the
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R14Since a number of poll workers dropped out the night before and morning of election day, requiring substitutes that were not trained, a pool of trained alternate poll workers should be available on election day to substitute in case of poll worker absenteeism. Response from the Elections Officer: We always have about a dozen people who are trained report to our office at 6 a.m. on Election Day to be deployed as needed. Election Code Section 12313 does allow the following: If any member of a precinct board does not appear at the opening of the polls on the morning of an election, those voters present, including members of the board, shall appoint a voter to fill the vacancy. If none of the members appointed appears at that time, the voters of the precinct present at that time may appoint a board.
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R15The report also noted that the district’s use of outside consultants in relation to its construction projects “seems to be working well.” (Id., p.
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R16Regarding the district’s internal controls, the report “commended” the district “for developing improved standards and procedures,” and concluded that “the business department is operating within a reasonable level of internal controls considering the extreme pressure that the employees are under to keep up with the overwhelming workload.” (Id., p.
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R20As stated in the report, “the overall internal controls at the Pajaro district are functioning well.” (Id., p. 22.) 4. The superintendent needs to effectively manage instruction and implement a consistent plan throughout the district. Response from the PVUSD: No action will be taken to implement the recommendation. Effective management and planning in the district is already taking place. 4.1 The School Assistance and Intervention Team (SAIT) changes, the District Alternative Governance (DAG) committee recommendations, and those of the Gold Study should be implemented as soon as possible in all the under-achieving schools in the district in order to garner consistency and measurability of the learning benchmarks. Response from the PVUSD: This recommendation is already in the process of implementation, therefore no action is required. The superintendent and cabinet initiated the Gold Study and report, and are implementing the report’s recommendations. The DAG committee is in fact made up almost entirely of the cabinet and other district staff; therefore, the implementation of recommendations was simultaneous with the DAG committee's Report Card: Pajaro Valley Unified School District - 63 development of same. The SAIT changes were already being incorporated into district actions as the Grand Jury investigation was being conducted. 4.2 The Nine Essential Program Components as set by the California Department of Education and used by the DAG team should be instituted in all regular elementary, middle and high schools in the District. A grid plan similar to the one developed by the DAG team should be worked out for each school using the format and benchmarks set by the DAG report and setting early attainment dates. The assistant superintendents and the superintendent should be the primary persons responsible for performing this task, and the principals and the school staffs should collaborate with one another until all of those benchmarks are set and met. Response from the PVUSD: PVUSD will not take the specific actions recommended by the Grand Jury, as they appear to be based on a misunderstanding of the nature of the DAG committee. The superintendent and assistant superintendents along with one outside consultant and several directors make up the DAG committee. The grid mentioned was developed by the DAG committee, which is an entity of the district. Therefore the district is using the grid that it developed. The assistant superintendents are currently working with other sites to set the benchmarks. 4.3 Those barriers to good education that are management-related — as spelled out in four management studies, the DAG, the SAIT, the Gold Study and the Management Audit Study — should be remedied immediately with assertive, scheduled and measured action by those persons in charge – the superintendent and whatever deputies the superintendent designates. This is a primary responsibility and must not be avoided or delayed by studies and the formation of committees. All of these actions and benchmarks should be in place for the next school year to remove any inconsistencies and failures to teach to approved strategies and goals. Response from the PVUSD: No further action needs to be taken to implement the recommendation. This process is already under way and benchmarks are being established to ensure regular, ongoing implementation. 4.4 District staff should give a monthly status report of the benchmarks accomplished and the status of those in process with scheduled dates of completion. o Those benchmarks not accomplished within the scheduled dates should be discussed and remedied and new firm dates set for accomplishment. o Those benchmarks achieved and verified should be met with much fanfare. This will contribute to credibility of the board and confidence from the community. - 64 Report Card: Pajaro Valley Unified School District Response from the PVUSD: This recommendation requires further analysis. The deputy superintendent will review and report back to the board his recommendations within four months. Based on that report, the Board of Trustees will then determine a course of action. 4.5 In concurrence with the Gold Study, the Management Audit Report and the recommendations of many of the stakeholders, an expert curriculum specialist should be hired immediately and given the responsibility and authority to review the integrity and consistency of the district-wide curricula, texts, standards and teaching strategies. Response from the PVUSD: No further action needs to be taken to implement this recommendation, as the Board of Trustees has recently hired a deputy superintendent who is a curriculum and instruction specialist. This was done despite protests from various groups and individuals who felt this position was not needed. (Also see the above response to the Conclusion 4, regarding the district's efforts to manage and implement a consistent instructional plan.) 5. The purpose and attendance requirements of zone meetings should be clearly defined. The meetings should be well publicized and accessible to all. Agendas and minutes should be readily available. Response from the PVUSD: No action on the recommendation will be taken. The purpose of zones is already sufficiently defined. Meetings are already publicized and are accessible to all, being held at public school sites. Agendas and minutes are and have been available upon request, as explained in the district's response to Finding 21.6, above. 6. Zone management should establish a uniform method of communicating their deliberations and actions to the board. Response from the PVUSD: The recommendation requires further analysis. The newly hired deputy superintendent will review and determine if any change in practice regarding communication between the Board of Trustees and zone management are warranted, and will advise the board if he believes action by the board needs to be taken.
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R10-02Resume August 2002, Dr. Mary Anne H. Mays Ed.D 12-29-02 Newsmaker of the Year PVUSD Trustees: Board names new high school, hires female superintendent, Santa Cruz Sentinel 2003 2003 The Brown Act, Open Meetings for Local Legislative Bodies (The California Attorney Generals Office, 2003, p. 1.) 10-24-03 Friday Board Update, October 24, 2003, Dr. Mary Anne Mays, pg. 2 2004 4-3-04 Fifty years after Brown v. Board of Education, segregation no longer black and white, The San Diego Union-Tribune [Article on integration using PVUSD as an example] 10-12-04 Management Audit, Organizational and Efficiency Study, October 12, 2004, School Services Corporation 10-25-04 The Education Innovator, October 25, 2004 www.ed.gov/print/news/newsletters/Innovator/2004/1025.html 2005 2-05 Dr. Mays’ Reply to Management Audit, Planning Operational Improvements and Efficiency, February 2005, Superintendent, Dr. Mary Anne Mays 6-30-05 Watsonville “Emergency Card” OPT-OUT a Winner, Santa Cruz Indymedia 11-2-05 The Pajaro Valley Unified School District Creates Innovative Ways to Challenge Reading Skills, Graniterock Press Release for press conference [Regarding the Million Word Campaign] 2006 2006 Student Success, A Shared Vision, 2006 Report to the Community, Santa Cruz County Office of Education 2-10-06 Contentious PVUSD board race began with Superintendent’s exit, Times Publishing Group 3-24-06 PV school superintendent resigns, Santa Cruz Sentinel 4-4-06 Pajaro Superintendent Dr. Mary Anne Mays Resigns, The Mid-County Post - 66 Report Card: Pajaro Valley Unified School District 4-18-06 The Struggle Continues at Pajaro Schools, Business Chief Retires a Few Weeks after Superintendent Resigns – Recall Campaign Announced Against Trustee, The Mid-County Post 7-20-06 Business leaders seek ‘outstanding’ PVUSD school board, Santa Cruz Sentinel 10-4-06 Retired teacher, volunteer vie for P.V school board, District ‘turmoil’ prompts volunteer to seek post and Board members touts experience and leadership, Santa Cruz Sentinel 10-8-06 Nuances of school board trusteeship, Santa Cruz Sentinel [Editorial page] 10-26-06 Former PVUSD administrator alleges slander by school board member, Santa Cruz Sentinel 11-3-06 Balance of power hangs in outcome of PVUSD races, Santa Cruz Sentinel [A summary of issues facing PVUSD] 11-14-06 Students look back on state’s history, Santa Cruz Sentinel 12-4-06 PVUSD leaders to be sworn in Wednesday, Santa Cruz Sentinel 2007 1-9-07 Pajaro Implements Efforts To Raise Scores and Avert Takeover, The Mid-County Post 1-9-07 No School Left Behind!, The Mid-County Post 1-9-07 Former Pajaro Schools Personnel Director Settles Lawsuit, The Mid-County Post 1-11-07 Change Requires Effort, Good Times [Article by Michael Watkins, COE] 1-18-07 Pajaro Valley schools shocker: Mays back as superintendent, Santa Cruz Sentinel 1-18-07 PVUSD new board majority approves return of superintendent, Santa Cruz Sentinel 1-19-07 Mays envisions stabilizing P.V. schools, Santa Cruz Sentinel 1-19-07 PVUSD makes decisive choice, Santa Cruz Sentinel [Editorial] 1-23-07 Dr. Mary Anne Mays Returns to Pajaro as Interim, The Mid-County Post 2-2-07 Board of trustees must not ignore the Brown Act, Register-Pajaronian 2-3-07 PV High School is getting a bum rap, Register-Pajaronian [Letters to the Editor] Report Card: Pajaro Valley Unified School District - 67 2-4-07 Luis Alejo letter to the Board, Re. Brown Act Violations during the January 17, 2007 meeting. 2-7-07 Schools chief warns of low expectations, O’Connell: Minority students suffer because of racial bias, Santa Cruz Sentinel [O’Connell is State Superintendent of Schools.] 2-07-07 DAG Study, Overview of PVUSD District Alternative Governance Committee Process as presented to the PVUSD Board February 7, 2007, included in Board Study Packet 2-9-07 Pajaro Valley school district headed to trial over high school mold clean-up, Santa Cruz Sentinel 2-9-07 PVUSD headed to trial over P.V. High School $1.5 million mold cleanup, Santa Cruz Sentinel 2-14-07 English Learner Program Evaluation Final Report, February 14, 2007 Norm Gold Associates 2-20-07 Beacon Charter Organizers Developing Plans for South County Schools, The Mid-County Post 2-20-07 Pajaro’s Program Improvement Schools Face Many Recommendations, Little Time, The Mid-County Post 2-21-07 $1.5 million dollars grant aims to curb gang activity at middle school level, Santa Cruz Sentinel 2-24-07 P.V. schools superintendent back — at 60 percent, Santa Cruz Sentinel 3-1-07 PVUSD board votes to hire Mays as interim superintendent, Santa Cruz Sentinel 3-3-07 Pajaro Valley school district in major flux, Santa Cruz Sentinel 3-8-07 PVUSD ponders management shake-up, Santa Cruz Sentinel 3-12-07 Educators await slate of school studies, Santa Cruz Sentinel [23 state department of education studies] 3-15-07 SAIT State Intervention Report, February 28, 2007, Board Packet Report by Mrs. Vicki Alterwitz, Action Learning Systems Progress Report Mar 15, 2007 3-17-07 $2.5 million dollars reading center now open, Santa Cruz Sentinel [The center is at Cal State Monterey Bay] 3-17-07 Management mop-up? Pinks slips handed out to five, Register Pajaronian 3-19-07 Beacon aims to open schools in P.V. and S.C, Santa Cruz Sentinel [Beacon is a charter school organization.] 3-27-07 School district employees silenced, Mays says only she can discuss schools with press, public, Register Pajaronian - 68 Report Card: Pajaro Valley Unified School District 3-27-07 Mays’ stormy return to PVUSD, www.santacruzlive.com/blogs/education/2007/03/27/mays-stormy- return-to-pvusd/ 3-28-07 State ratchets up pressure on lagging schools, Santa Cruz Sentinel [2006 Base Academic Performance Index (API) Report p. A-4] 3-30-07 Pajaro Valley teachers oust longtime leader, Santa Cruz Sentinel [Change in teachers union leadership] 4-3-07 Dispute emerges over P.V. teachers union’s leadership, Santa Cruz Sentinel 4-5-07 Membership has spoken, Santa Cruz Sentinel [Letters to the Editor] 4-6-07 P.V. teachers union election challenged, Santa Cruz Sentinel 4-6-07 Savino challenges Pajaro Valley teachers union election, Santa Cruz Sentinel 4-7-07 Befuddled by PVFT’s style of democracy, Register Pajaronian [Letters to the Editor] 4-10-07 Poor decisions being made for our school district, Register Pajaronian 4-11-07 Fed up with this school district, Register Pajaronian [Letters to the Editor] 4-12-07 Business Deal sparks questions about P.V. teachers union, Santa Cruz Sentinel 4-17-07 Half of seniors who flunked exit exam returned to school, Santa Cruz Sentinel [CA Jack O’Connell, State Superintendent of Instruction re: state wide exit exam results.] 4-19-07 Trustees focus on improving English proficiency, Santa Cruz Sentinel 4-20-07 Teach kids in English, Santa Cruz Sentinel [Letters to the Editor on the bilingual policy] 4-21-07 County school board OKs office move, Pajaro Valley educators, trustees blast deal to buy Harvey West space, Santa Cruz Sentinel 4-21-07 P.V. students enjoy incentives before critical testing, Santa Cruz Sentinel 4-22-07 How a School Gets Into and Out of Federal Sanctions, Santa Cruz Sentinel 4-24-07 Teachers union settles leadership crisis, Santa Cruz Sentinel 4-26-07 Program helps to build a future with students, ROP organizers reach out to middle schools, Santa Cruz Sentinel 4-07 State threatens to take away five local schools, Mays stays in district to head new committee, Register Pajaronian Report Card: Pajaro Valley Unified School District - 69 Date unknown Judge faults P.V. school district in student’s expulsion, Santa Cruz Sentinel 5-25-07 P.V. District in discord over new post, Santa Cruz Sentinel [Regarding the hiring of a deputy superintendent.] Date unknown Pajaro Valley Unified School District Board of Trustees Bylaw 9270 ‘Conflict of Interest’ Date unknown Government Code 89503,Government Code 81013, The Political Reform Act of 1974; Article 2, Chapter 7 Multiple dates Warrants, Invoices, Purchase Orders 2003-2006 to NCEE: school years 2003-2004, 2004-2005, 2002-5-2006 Watsonville HS, Pajaro MS, Calabasas ES. Doesn’t include travel, personal expenses for training etc.; not audited. Web Sites: Center for Public Integrity http://www.publicintegrity.org/default.aspx Senate Governmental Affairs Committee http://www.senate.gov~govt-aff/ SEC – Securities and Exchange Commission http://www.sec.gov/ COP Information http://www.scgi/2001/certpart.htm Mays’ stormy return to PVUSD www.santacruzlive.com/blogs/education/2007/03/27/mays-stormy-return-to-pvusd/ The Education Innovator, October 25, 2004 www.ed.gov/print/news/newsletters/Innovator/2004/1025.html - 70 Report Card: Pajaro Valley Unified School District Santa Cruz County Grand Jury Final Report with Responses (no responses required for this section) Section 6 Special Districts Committee Report