Contra Costa County Grand Jury
• 2014-2015
• Agency Response
Response to:
Community Courts
West Contra Costa Unified School District*
⚠️ Translation Notice: This content has been automatically translated. The original English text is the official version. Translation may contain errors.
⚠️ Este contenido ha sido traducido automáticamente. El texto original en inglés es la versión oficial. La traducción puede contener errores.
Findings and Recommendations 12 findings
F1
The WCCUSD school board appoints CBOC members who oversee it, which may make CBOC members feel beholden to WCCUSD board members, which may result in an inherent conflict of interest. District Response: District partially disagrees with the Finding. The five Board appointees do not represent a majority of the 19 members of the committee; however, for complete transparency and responsiveness to this concern, the Board, along with its Governance Subcommittee, will be considering revisions to Board Policy 7214.2 within the next several weeks to address the size and make-up of the committee.
Related Recommendations (1)
R1
The School Board should eliminate the following six member positions from CBOC at the expiration of their terms, to eliminate any concerns about conflicts of interest. Five members, one recommended by each member of the Board of Education One member representing the Contra Costa Building and Construction Trades Council . District Response: This recommendation requires further analysis and has not yet been implemented but it is anticipated that the Board of Education, after input from the Governance Committee, will be considering policy revisions within the next several weeks to make adjustments to the size and make- up of the committee. The School Board should change the School Board discretionary category of "Public Employees
F2
CBOC membership is currently set at 19, which makes it difficult to reach a quorum or to get business done with so many voices to be heard at meetings. District Response: District partially disagrees with the Finding. Since January of 2013, the CBOC has held 27 meetings, all of which have had quorums. Due to the size of the $1.6 billion dollar bond program, and its related complexities, the Chair of committee found it necessary to have a large committee to allow participation on subcommittees related to specific work, i.e. change orders, cost savings, website, etc. However, due to so many committee members, it can lengthen agenda items due to the many voices needing to be heard. Board policy revisions will be proposed to the Board, after input from the Governance Subcommittee, within the next several weeks that could have the opportunity to reduce membership. September 2, 2015
Related Recommendations (1)
R2
Union Local 1" to that of an "at large" position from the general community in order to allow for a greater pool of qualified candidates to apply. District Response: This recommendation requires further analysis and has not yet been implemented but it is anticipated that the Board of Education, after input from the Governance Subcommittee, will be considering policy revisions within the next several weeks to make adjustments to the size and make-up of the committee. This position is currently vacant. It should be noted that the CBOC recommended that the general community "at large" position, after consideration by the Board of Education, have construction experience. September 2, 2015 The School Board should create an independent selection committee to select new nominees for CBOC,
F3
The School Board had added a discretionary category for a member of the Public Employees Union Local 1 on CBOC. District Response: District agrees with the Finding. Board Policy 7214.2 does have a discretionary category for a member of the Public Employees Union Local 1. The position is currently vacant and the Board, after input from the Governance Committee, will be considering revisions to Board Policy 7214.2 within the next several weeks to address the size and make-up of the committee.
Related Recommendations (1)
R3
comprised of the CBOC Chair and a designated appointee from CBOC, two members from the Board of Education, and School Superintendent or designee, for a committee of five. Selection should be based on merit and be a transparent process to ensure public confidence in this vital selection process. District Response: This recommendation requires further analysis. There are challenges to identify potential members that have the time and commitment to serve on the committee. There are rarely multiple individuals at any one time vying for a spot on the committee. A selection committee could discourage participation and volunteerism and lengthen the process. The CBOC recommended that a selection subcommittee be formed consisting of one CBOC member and the Board of Education liaison to the CBOC to review potential candidates prior to appointments being recommended by the Board. It should be noted that membership applications are now reviewed the Board of Education prior to appointment. It is anticipated that the Board of Education, after input from the Governance Subcommittee, will be considering this recommendation along with possible policy revisions within the next several weeks. WCCUSD should provide CBOC members with complete, detailed and comprehensive financial data
F4
WCCUSD did not agree to post CBOC's meeting materials on its website when requested to do so by CBOC. District Response: District partially disagrees with the Finding. There may have been times in past that this occurred. The CBOC website committee and District have and are collaborating to insure that meeting materials, including agendas and back-up documents, are available on-line 72 hours in advance of meeting dates. This new procedure was implemented by new District leadership in January 2015.
Related Recommendations (1)
R4
relating to the expenditure of bond revenues and items put to vote on the board agenda at least 7 days in advance of the board meetings, in order to permit meaningful and effective review and oversight. District Response: The recommendation has been implemented commencing with the January 28, 2015 CBOC meeting with the exception of the items being put to vote on the Board agenda. Financial data is provided monthly to the CBOC 72 hours prior to meeting dates, pursuant to Brown Act requirements and Board of Education action is not required prior to the data being presented. Furthermore, the CBOC does not provide advice to the Board of Education on expenditures prior to their approval.
F5
WCCUSD has complete control over CBOC's website. District Response: District partially disagrees with the Finding. The District is required to provide the CBOC with the technical assistance to publicize the conclusions of the CBOC. The District has control over the website in order to provide the needed technical assistance to the CBOC. Since the Fall of 2014, the District and the CBOC website committee have met regularly to collaborate and to ensure that all CBOC ٠ requested changes and additions are added to the website.
Related Recommendations (1)
R5
WCCUSD should allow CBOC full access to the CBOC website. District Response: This recommendation has been fully implemented to CBOC's satisfaction. In the Fall of 2014, the District the CBOC website committee have met monthly to collaborate and to ensure that all CBOC requested changes and additions are added to the website.
F6
WCCUSD has denied CBOC's requests for access to CBOC's website and rejected CBOC's suggestions. District Response: District partially disagrees with the Finding. The District is required to provide the CBOC with any technical assistance to publicize the conclusions of the CBOC. The District has control over the website to provide the needed technical assistance. Since the Fall of 2014, the District and the CBOC website committee have met regularly to collaborate and to ensure that all CBOC requested changes and additions are added to the website.
Related Recommendations (1)
R6
WCCUSD should not change or add items to CBOC's website without the permission of the CBOC chair. District Response: This recommendation has been implemented. The CBOC website committee and District meets monthly to discuss changes or additions to the website. District is responding timely to the requested changes. WCCUSD should provide CBOC with accurate, understandable and timely financial and non-financial
F7
WCCUSD has not always timely furnished financial reports to CBOC, allowing CBOC very little time for any thoughtful analysis. District Response: District partially disagrees with the Finding. Financial data is now provided monthly to the CBOC 72 hours prior to meeting dates. At the January 28, 2015 CBOC, new financial reports were provided to the CBOC and continue to be presented at every CBOC meeting. These documents include In addition, the CBOC is now receiving a list of warrants for bond expenditures in the previous month. Prior to that time, frequency of providing financial data was inconsistent.
Related Recommendations (1)
R7
reports concerning bond funded projects as well as other relevant information requested on the bond construction program at least monthly. District Response: This recommendation has been implemented. Financial and cashflow reports are provided to the CBOC on a monthly basis. The reports are generated by the Executive Director of bond finance and presentation of the reports commenced in January, 2015. The CBOC and District staff have been working together on a KPI report that continues to be in draft form due the financial system and the construction management software not being fully integrated. September 2, 2015 WCCUSD should provide CBOC with a comprehensive master plan for the school construction
F8
Financial reports provided by WCCUSD to CBOC are not always accurate and complete. District Response: District partially disagrees with the Finding. Financial data is now provided monthly to the CBOC 72 hours prior to meeting dates. At the January 28, 2015 CBOC, new financial reports were provided to the CBOC and continue to be presented at every CBOC meeting. In addition, the CBOC is now receiving a list of warrants for bond expenditures in the previous month. Prior to that time, frequency of providing financial data was inconsistent.
Related Recommendations (1)
R8
projects within the next three months and as requested by CBOC. District Response: The recommendation has not yet been implemented but will be implemented upon completion of a Long Range Master Plan. The district awarded a contract to Darden Architects on July 21, 2015 to begin the planning process which is anticipated to take a minimum of 10 months. WCCUSD should provide timely and comprehensive training to all new CBOC members on a timely
F9
WCCUSD and the School Board were not in compliance with law in refusing to support CBOC's requests for public posting of CBOC agendas and minutes on WCCUSD's website September 2, 2015 District Response: District partially disagrees with the Finding. In accordance with the Brown Act, the CBOC website committee and District have and are collaborating to insure that meeting materials, including agendas and back-up documents, are available on-line 72 hours in advance of meeting dates. If any documents are handed out at the meeting, District uploads the documents after the meeting occurs. This new procedure has been in place since January 2015.
Related Recommendations (1)
R9
basis. The following training materials, at a minimum, should be provided to all new CBOC members within one week of their appointment: (a) California League of Bond Oversight Committee recommended Best Practices (b) San Diego County Taxpayers Association "Oversight Committee Best Practices" Guide (c) California Coalition for Adequate School Housing "Proposition 39 - Best Practices Handbook" (d) Little Hoover Commission 2009 Report "Bond Spending: Expanding and (e) California League of Cities "A Guide to The Ralph M. Brown Act" (f) State Controller's Office 2011 Audit Report on the Los Angeles Community College District's bond construction program District Response: The recommendation has been implemented with the exception of f) above. The training materials are on the CBOC website and new members will be encouraged to review them after their appointment to the committee.
F10
WCCUSD has not consistently provided timely, adequate and independent training for new CBOC members. Recommended training manuals and pamphlets have not been furnished to CBOC members. District Response: District partially disagrees with the Finding. The District has provided training in the following areas: Construction, Change Orders and Bond Finance. In addition, the District's financial auditor provided training to the CBOC on the Performance Audit prior to the CBOC receiving the 2013/14 Performance Audit. CBOC attendance is generally very limited at live trainings so website training is encouraged, which includes Brown Act training. The Board of Education approved legal counsel for the CBOC and additional training opportunities will be conducted regularly. The District has now added the majority of the recommended training and informational guides to the CBOC website as suggested by the Grand Jury.
No recommendations for this finding
F11
CBOC had lacked a member who was active in a senior citizen's organization. District Response: District partially disagrees with the Finding. Board Policy 7214.5 will be considered by the Board within the next several weeks to require CBOC candidates to provide proof of being active in a mandatory membership category prior to appointment.
No recommendations for this finding
F12
The school Board has not always required an application before approving CBOC members. District Response: District partially agrees with the Finding. Membership applications are now required and reviewed by the Board of Education prior to appointment by the Board of Education.
No recommendations for this finding
* 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.