Request for Respondents Pursuant to Penal Code §933.05, the Fresno County Grand Jury requests responses to each of

R107 R EPORT #2 FRESNO UNIFIED SCHOOL DISTRICT BOARD OF TRUSTEES Fresno County 2012-2013 Grand Jury Report # 2 Fresno Unified School District Board of Trustees INTRODUCTION The Fresno County Grand Jury received a complaint dated June 6, 2012, regarding a Fresno Unified School Board (FUSD) trustee not residing in the area the trustee was elected to represent. BACKGROUND Prior to the November 2010 election, FUSD elected its trustees from specific areas. Considered an “at large” election method, this required trustees to live within a specific geographic sub area of the district and be elected by all voters in the entire FUSD. In the November 2010 election, and in compliance with the California Voters Right Act, FUSD implemented a “by trustee area” election method. Trustees are now required to live within a specific geographic sub area and be elected by the voters in that same sub area. The following legal documents were reviewed: FUSD Board Bylaw 9220 “Any person is eligible to be a board member if he/she is 18 years of age or older, a citizen of the state, a resident of the school district, a registered voter not legally disqualified from holding civil office, and resides in designated trustee areas.” Governor’s Code 244 (a) “Residence is the place where one remains when not called elsewhere for labor or other special or temporary purpose, and to which he or she returns in seasons of repose.” Candidate Election Qualifications Current filing procedure in the Fresno County Elections Office is that an applicant for a FUSD trustee position must provide their current residence address. The election office checks to determine if the applicant is a registered voter and confirms that the address given is in the designated trustee area. FY /6/13 Report #2 - Fresno Unified School District Board of Trustees At the completion of the election, the winning candidate is certified by the Secretary of State. Removal from an elected office can only be done by recall vote or quo warranto civil action. Purpose of Investigation  Determine if the trustee in question fulfilled the legal requirements of the California education Code and the FUSD Board of Trustees Policy 9220  Determine when and how bylaws are reviewed and revised  Determine the authority of the FUSD Board of Trustees to enforce bylaws Discussion The grand jury committee conducted an in-depth investigation of the facts pertaining to residency of trustee in question and if the trustee complied with the intent of the law by living in the area in which trustee was elected. The complaint regarding the trustee in question was resolved when the trustee submitted a letter of resignation. The committee then redirected the investigation as to how the same situation could be prevented from happening in the future. Testimony from several witnesses revealed that the FUSD bylaws are not reviewed and enforced consistently. The established process for reviewing and revising the bylaws is ineffective. Conclusion Fresno Unified School District has over 80,000 students and several hundred staff and faculty. Many good things are taking place to improve students’ academic performance. The FUSD Board of Trustees and staff should be applauded for making progress. It is now time to continue the advancement of the district and focus on improving the internal governance structure. Honest and open communication is essential. Bylaws need to be kept current and must be enforced. Findings F-201 Review of bylaws is not conducted on a regular basis F-202 There is a reluctance to enforce bylaws F-203 Current board policy disregards financial accounting regarding trustee absences at board meetings F-204 Misunderstandings have caused discord as to how the trustees and district level administrative governance works FY /6/13 Report #2 - Fresno Unified School District Board of Trustees

R201 B. MARY BETH DE GOEDE, Atkinson, Andelson, Loya, Ruud & Romo

There is a reluctance to enforce bylaws

Current board policy disregards financial accounting regarding trustee absences at board meetings

Misunderstandings have caused discord as to how the trustees and district level administrative governance works FY /6/13 Report #2 - Fresno Unified School District Board of Trustees Recommendations