Santa Clara County Grand Jury • 2008-2009

Fremont Union High School District Cupertino, Fremont, Homestead, Lynbrook, Monta Vista High Schools andAdult/Community

Published: September 24, 2009 6 pages
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Findings and Recommendations 6 findings

F1
Boards of Trustees approve overly generous benefits to themselves, which include the following: • Fully paid health benefits for trustees and their families (often exceeding those of teachers and/or with no payment ceiling) • Excessive travel and conference costs • Pension contribution The Fremont Union High School District respectfully disagrees with thefinding. It is difficult for school districts to attract competent and dedicated candidates for the challenging and highly scrutinized role of Trustee. Since Trustee stipends are and will remain low, benefits contributions are among the only avenues available to attract and keep qualified candidates. Most Trustee members provide countless volunteer hours beyond the time dedicated to Board meetings and office events. The Fremont Union High School District Board of Trustees already has agreed to reduce and virtually eliminate all travel and conference costs except when such costs are significant benefits to the districts. Bullet point three is not applicable to the Fremont Union High School District Trustees since they do not receive pension contributions. BOARDOFTRUSTEES:Nancy A. Newton, Barbara F.Nunes, Homer H.e.Tong, Hung Wei, Bill Wilson 589 West Fremont Avenue (408) 522-2200 Post Office Box F FAX (408) 245-5325 Sunnyvale, CA 94087 AN EQUAL OPPORTUNITY EMPLOYER http://www.fuhsd.org/ September 24, 2009
Related Recommendations (1)
R1
Boards of Trustees should carefully review the benefits listed in Finding 1and: • Eliminate health benefits for Board Members • Minimize travel and conference costs • Eliminate pension contributions Bullet 2 of the recommendation has been implemented. The District Board of Trustees has always minimized travel and conference costs. The main travelfor the Trustees has been to the annual CSBA State Conference, which alternates between Northern and Southern California. Given the budget challenges that the District isfacing thisyear, and thefact that the conference is being held inSouthern California, the Board of Trustees has already decided not to attend thisyear 'sconference and avoid any airline travel and overnight stays. Bullet 3 is already apart of the current practice ofFremont Union High School District. No pensions are offered to Trustee members. The remainder ofRecommendation 1will not be implemented because it is not warranted. Typical health benefits are not "overly generous" when weighed against the duties of theposition, and the importance of attracting qualified candidates. Eliminating them would place greater stress on the governance of districts by discouraging incumbents from staying and by discouraging new, qualified candidates from runningfor the seats.
F2
Boards of Trustees are approving overly generous benefits to Superintendents and Chancellors, including the following: • Auto allowances (auto leases/purchases, insurance, maintenance, etc.) • Housing allowances • Million dollar housing loans at zero or below market interest rates • Guaranteed annual step and/or longevity increases • Signing bonuses • Contract buy-outs • Excessive performance bonuses • Per diem payments when out of the district • Personal technology allowances • Professional memberships and subscription allowances • Excessive travel and entertainment expenses • Salary increases automatically triggered by increases in teacher's salaries which are in addition to other guaranteed salary increases • Pension allowances (in addition to regular STRS/PERS contributions) September 24, 2009 • Advanced degree stipends • Lifetime medical insurance benefits • Annual physicals The Fremont Union High School District respectfully disagrees with thisfinding with respect to their Superintendent's compensation. The Superintendent does not receive an auto allowance, a housing allowance, a housing loan, a signing bonus, aperformance bonus, per diem payments when out of the District, apersonal technology allowance, or a salary increase automatically triggered by teacher's salary increases, pension allowance in addition toSTRS, lifetime medical insurance benefits, or coverage for annual physicals. The Superintendent ispaid using a salary schedule where the annual increments match the annual step increase of the teachers' and other administrators' salary schedules. The longevity and advanced degree stipends also match those of all administrators in the District. The contractual buy out clause mirrors what Ed Code allows. Travel, membership and subscription allowances are limited and monitored by the Board. The Superintendent does receive a health care stipend of $400 dollars per month. This is the same stipend that isgiven to all District administrators and does not cover the cost of the PERS healthcare plan. At the Fremont Union High School District, top leadership costs represent less than one-fifth of onepercent of the office's total annual budget of$199 million. The high cost of living in the area, coupled with extreme demands and pressures of theposition, have created a market inwhich compensation packages offering certain compensation are viewed as a necessity.
Related Recommendations (1)
R2
Boards of Trustees should carefully review and renegotiate the Superintendent/Chancellor benefits listed in Finding 2 for possible reduction and/or elimination. The Board of Trustees of the Fremont Union High School District carefully scrutinized the benefit package offered to the Superintendent when theyfirst negotiated the contract with her. The current contract for the Superintendent isfor four years ending inJune of 2013. The Trustees review the Superintendent's contract annually, and the Trustees and the Superintendent plan to continue this annual review. For these reasons, the Fremont Union High School District agrees with the recommendation that Boards of Trustees should carefully review and renegotiate Superintendent's benefits listed in Finding 2 for possible reduction and/or elimination, provided such a reduction would notprevent the District from attracting and retaining the best Superintendent for the District.
F3
Superintendent salaries and increases appear to bear no relationship to the number of schools, students, and employees they oversee, nor their district's academic improvement. The District respectfully disagrees with Finding 3. Fremont Union High School District's Superintendent oversees an annual budget that is over $199 million, five large high schools, over 1,000 employees, over 10,000 high school students and 38,000 adult school students. The Superintendent's salary is related to the size of the district, and that is only one of manyfactors that determine compensation. Response to Grand Jury September 24, 2009
Related Recommendations (1)
R3
The Board of Trustees should ensure that Superintendent/Chancellor salaries and increases take into account the number of schools, teachers, and students they oversee, and are tied to the district's students' progress and quantifiable metrics. The Superintendent's contract does take into account the size and complexity of the Fremont Union High School District as well as the number of schools, teachers, and students in the District. The Superintendent must receive a satisfactory evaluation, in writing,from the Board annually in order to receive salary increases specified in the contract. Students' academic progress is one of thefactors given high consideration in the Board of Trustees 'evaluation. For these reasons, the Fremont Union High School District agrees with the recommendation that Boards of Trustees should ensure that the salary and compensation increases for the Superintendent be tied to the number ofschools, teachers, students and the District's students' progress as well as other goals set by the Board of Trustees.
F4
Boards of Trustees hire costly search firms to recruit successors for retiring or dismissed Superintendents/Chancellors. Hiring a Superintendent for a school district is one of the most important and complex tasks a Board of Trustees undertakes. While there are costs involved in using searchfirms, these amounts are small when one considers the stakes involved and thefact that Superintendents are often in their positions for many years. Board members are typically inexperienced inSuperintendent searches, and the existing staff of a school district are not always bestpositioned to recruit and employ their supervisor. However, the use of search firms depends upon theparticular circumstances and timing of the hiring. There are times when an appropriate and highly qualified individual can befound within the District as well as times when looking outside the District is necessary.
Related Recommendations (1)
R4
Boards of Trustees should conduct a preliminary search within the local area prior to hiring search firms. The Fremont Union High School District largely agrees with thisfinding with the caveat that this decision is dependent on theparticular circumstances. In thefall of 2006, after the dismissal of the sitting Superintendent, the Fremont Union High School District Board of Trustees appointed an in-house administrator to theposition of interim-superintendent. After six months this individual was appointed Superintendent, and no search firm was used. Over the last 20years the Board has used a variety of approaches to recruiting and hiring Superintendents. On three occasions the Board of Trustees hired a search firm. On two occasions they chose in-house candidates. The approach usedfit the needs and demands of the District at the time, as well as the strength of the local or in-house pool of candidates. When a searchfirm was used, a number offirms were carefully interviewed andfully vetted. Then one was chosen to lead the recruitment process. The Fremont Union High School District Board of Trustees believes that they must use search firms to assist with the recruitment and the selection process of Superintendents when a local candidate cannot befound that meets the needs and demands of the District or when the Board has determined that the District must take a new direction that cannot be achieved by hiring local talent. September 24, 2009
F5
Boards of Trustees approve the hiring of multiple private attorneys, in some cases at a tremendous expense. The Fremont Union High School District respectfully disagrees with thisfindingfor the reasons outlined below in the response to Recommendation 5.
Related Recommendations (1)
R5
All Boards of Trustees should engage County Counsel whenever possible and leverage their buying power to negotiate lower fees with private law firms. Over thepast twenty years the Fremont Union High School District has considered using County Counsel and has rarelyfound this option to be ideal. Quality legal advice depends on two elements not addressed in the recommendations of the Grand Jury. Thefirst is an extensive knowledge of the district. Given the wide variety of school districts and their challenges, it is difficult to envision County Counsel possessing the breadth of knowledge and experience toprovide the high level of support districts need on high-stakes legal issues. Beyond knowledge of the district, the satisfactory resolution of complex legal issues requires experience with and comfort in the relationships between district employees, Trustees, and members of the community. Fremont Union High School District has minimized the needfor legal services byproactively addressing areas that typically incur significant legal costsfor school districts. Our District has extremely collaborative and close working relationships with our employee groups. We do not use attorneys in negotiation sessions, and we have attorneys who have helped us develop a Revenue Sharing Process that we use inplace of negotiated salaries with all groups. Changing Counsel for this work would be unwise and could potentially undermine the trust we have built with our union groups. The District has also worked closely with Special Education students and theirparents to ensure that the needs of those students are met without resorting to legalproceedings. We are double checking to be certain that we are not currently paying any excess costs using our attorneys rather than County Counsel, but even if these costs are somewhat greater than they could be, the District feels strongly that the benefits of these elements far outweigh any marginal cost difference in legal costs.
F6
The operation of 34 K-12 school districts and four community college districts creates excessively high management and administrative costs. Five K-12 school districts have excessively high Superintendent costs per student which is reflective of the districts having only one or two schools. The Fremont Union High School District believes that it is not inaposition tojudge the districts identified and is respectfully unable to agree or disagree with thisfinding. September 24, 2009
Related Recommendations (1)
R6
A consolidation of districts should be considered to reduce the numbers and cost of Superintendents/Chancellors, Boards of Trustees, and administrative staff and overhead. The recommendation cannot be implemented by local Boards of Trustees, because under the California Education Code, consolidation of districts is relegated to thepeople who live in the district. Should communities wish tojoin with other communities to create larger K-12 or community college districts, the process is clearly spelled out in the Education Code, under which a vote of the electorate can change district organization. In Santa Clara County, votersfrom afew districts have chosen to consolidate in thepast, butfor the most part, they have established a strong tradition andpreference for local control. The Santa Clara County Office of Education offers many centralized services such as alternative schools, special education, finance, and technology services, all directed at reducing costsfor districts. Sincerely, GOVERNING BOARD OF THE FREMONT UNION HIGH SCHOOL DISTRICT J C '---:::> er 11,- . I Q' C. Tong, Board Presi~ent Polly M. /mcd Grand Jury.doc

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Fremont Union High School District School District