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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.
Humboldt County Grand Jury
• 2004-2005
Grand Jury Reports # 2005-hs-02 through 09 a Review of the Charter Schools of Humboldt County Executive Summary of
⚠️ 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 10 findings
F1
Page 10
Humboldt County Office of Education exercises minimal direct oversight of charter schools. Response from Humboldt County Office of Education: See Attachment 13.
F2
Page 11
The Grand Jury found no evidence of a consistent, clear system of oversight coordination between the individual charter schools or charter school networks and the Humboldt County Office of Education. Response from Humboldt County Office of Education: See Attachment 13.
F3
Page 12
The Grand Jury finds no legitimate reason for the uncommon practice of using a pass-through account. Response from Big Lagoon Union Elementary District: See Attachment 15. Response from Big Lagoon Charter School Network: See Attachment 14.
F4
Page 12
The Grand Jury finds the unnecessary use of a pass-through account by the Big Lagoon Charter School Network cost the taxpayers $5,100. Response from Big Lagoon Union Elementary District: See Attachment 15. Response from Big Lagoon Charter School Network: See Attachment 14.
F5
Page 12
The Grand Jury finds that the Big Lagoon Union Elementary District, acting on behalf of the Big Lagoon Charter School Network, made an arrangement with an individual to pay for staff or services without deducting federal and state taxes or CalPERS, or paying premiums for unemployment compensation insurance or workers’ compensation insurance. Response from Big Lagoon Union Elementary District: See Attachment 15. Response from Big Lagoon Charter School Network: See Attachment 14.
F6
Page 12
Equinox, now a part of the Big Lagoon Charter School Network, was a private school with the same name on the same site and with most of the same teachers before it became a charter school. Response from Big Lagoon Union Elementary District: See Attachment 15. Attachment 1 10 Response from Big Lagoon Charter School Network: See Attachment 14.
F7
Page 13
The Grand Jury found conflicting evidence regarding teacher assignments and the appropriateness of the teachers’ credentials. Response from Big Lagoon Union Elementary District: See Attachment 15. Response from Big Lagoon Charter School Network: See Attachment 14. Response from Humboldt County Office of Education: See Attachment 13.
F8
Page 24
The Grand Jury finds that the DA has fired at least one experienced, highly-competent Deputy DA without having comparable replacements available. Response from District Attorney: See Attachment 10.
F9
Page 24
The Grand Jury finds that the “at will” employment status of Deputy DAs hinders the county in attracting quality, experienced prosecutors to work - or even to apply - in Humboldt County. Response from District Attorney: See Attachment 10. Draft Response from Board of Supervisors: The respondents disagree partially with the finding. The “at-will” doctrine has been in existence for more than 100 years, and in the State of California is typically presumed to be the terms of employment. Past County experience does not demonstrate that the “at will” employment status has been a problem for either recruitment or retention of experienced prosecutors. See also Attachment 2.
F10
Page 24
The Grand Jury finds that the reasons for plea bargains in serious felonies as required by Penal Code Sections 1192.6 and 1192.7 are not documented in the court minutes. Response from District Attorney: See Attachment 10.
Recommendations 24
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R1Page 10The Grand Jury recommends that the Humboldt County Superintendent of Education exercise greater oversight of the county’s charter schools, especially concerning appropriate credentialing, admission practices, fiscal matters, and maintenance of required records. Response from Humboldt County Office of Education: See Attachment 13. Attachment 1 8
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R1aPage 19The Grand Jury recommends that the Cast Boards create a leadership position. Response from District Attorney: See Attachment 10. Response from CAST Governing Board: The recommendation has not yet been implemented, but will be implemented by 1/1/06. The Executive Committee has met and will be amending the CAST MOU to be inclusive of a CAST Director position that will report to the Executive Committee. See also Attachment 6.
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R1bPage 19The Grand Jury recommends that a Deputy District Attorney with experience in and a commitment to CAST fill the leadership position. Response from District Attorney: See Attachment 10. Response from CAST Governing Board: The recommendation has not yet been implemented, but will be implemented by 1/1/06. The Executive Committee of CAST agrees that the ideal candidate should be an experienced Deputy District Attorney. The District Attorney has indicated his office has been developing this option for a considerable period of time preceding the Grand Jury’s recommendation; the position has been designated and he will assign such staff as soon as possible. See also Attachment 6.
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R1cPage 22The Grand Jury recommends that the District Attorney: The Grand Jury recommends the DA request additional clerical support staff positions from the Board of Supervisors. Response from District Attorney: See Attachment 10.
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R1dPage 22The Grand Jury recommends that the District Attorney: The Grand Jury recommends the Board of Supervisors authorize the DA to hire additional clerical support staff. Draft Response from Board of Supervisors: The recommendation requires further analysis. The District Attorney has asked the Board for funds to hire a third legal secretary. The Board of Supervisors will revisit the 2005-2006 County Budget request(s) mid year to see if there are any unforeseen resources available to restore clerical support staff. See also Attachment 2.
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R2Page 11The Grand Jury recommends that the Humboldt County Office of Education establish with the charter school networks a clear and consistent method of conducting annual oversight checks of all of the county’s charter schools regarding credentialing and appropriate teacher assignment; fiscal compliance with the law; and pupil achievement reporting. The oversight reports should then be sent to the County Office of Education for inspection before being sent to the California State Department of Education. Response from Humboldt County Office of Education: See Attachment 13. Grand Jury Report # 2005-HS-03 A Review of Practices and Policies of Arcata Elementary School District’s Trillium Charter School WHO SHALL RESPOND: (cid:190) No response is required Grand Jury Report # 2005-HS-04 A Review of Practices and Policies of the Big Lagoon Charter School Network WHO SHALL RESPOND: (cid:190) Big Lagoon Union Elementary District shall respond to Findings 2, 3, 4, 5, 6, 7 and Recommendations 2, 3, 4, 5a, 5b, 5c, 6, 7 (cid:190) Big Lagoon Charter School Network shall respond to Findings 1, 2, 3, 4, 5, 6, 7 and Recommendations 1, 2, 3, 4, 5a, 5b, 5c, 6, 7 (cid:190) Humboldt County Office of Education shall respond to Finding 7 and Recommendation 7
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R2aPage 22The Grand Jury recommends that the District Attorney: The Grand Jury recommends the DA continue and expand regularly-scheduled meetings with law enforcement to inform them of cases rejected for lack of information and/or evidence. Response from District Attorney: See Attachment 10. Attachment 1 20
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R2bPage 23The Grand Jury recommends that the District Attorney: The Grand Jury recommends the DA’s office produce regularly-scheduled reports for law enforcement showing the disposition of each case. These reports must contain all relevant information regarding each case from inception to final resolution. Response from District Attorney: See Attachment 10.
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R2cPage 23The Grand Jury recommends that the District Attorney: The Grand Jury recommends that the DA’s office confer with law enforcement agencies to ensure the reports contain the information they need. Response from District Attorney: See Attachment 10.
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R3Page 12The Grand Jury recommends that the Big Lagoon Charter School Network immediately cease the use of pass-through accounts to pay for staff or services. Response from Big Lagoon Union Elementary District: See Attachment 15. Response from Big Lagoon Charter School Network: See Attachment 14.
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R3aPage 23The Grand Jury recommends the DA’s office, in cooperation with the Victim Witness Office, develop a written policy stating who shall promptly respond to inquiries. Prompt response is especially important to victims of crime. Response from District Attorney: See Attachment 10.
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R3bPage 23The Grand Jury recommends the DA’s office immediately develop a small, quick reference office manual which includes how to handle correspondence and telephone calls so they will be dealt with in a timely manner. This would be especially useful for new hires. Response from District Attorney: See Attachment 10.
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R3cPage 23The Grand Jury recommends the DA personally provide a good example by responding to inquiries quickly. Response from District Attorney: See Attachment 10.
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R4Page 12The Grand Jury recommends that Big Lagoon Charter School Network stop wasting taxpayer money on pass-through account fees. Response from Big Lagoon Union Elementary District: See Attachment 15. Response from Big Lagoon Charter School Network: See Attachment 14.
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R5Page 23The Grand Jury recommends the DA develop a procedure and policy manual, to be completed by January 1, 2006. Response from District Attorney: See Attachment 10.
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R5aPage 12The Grand Jury recommends that the Big Lagoon Charter School Network pay all its employees directly, deducting appropriate federal and state taxes and CalPERS, and paying premiums for state unemployment compensation and state workers’ compensation insurance. Response from Big Lagoon Union Elementary District: See Attachment 15. Response from Big Lagoon Charter School Network: See Attachment 14.
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R5bPage 12The Grand Jury recommends that the Big Lagoon Charter School Network check with the Federal and State Internal Revenue Services and the Federal and State Departments of Labor to verify the legal definitions of “employee,” “independent contractor,” and “volunteer” to determine who shall have taxes and retirement deductions made, and for whom premiums should be paid for unemployment and workers’ compensation insurance. Response from Big Lagoon Union Elementary District: See Attachment 15. Response from Big Lagoon Charter School Network: See Attachment 14.
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R5cPage 12The Grand Jury recommends that the Big Lagoon Charter School Network consult with CalPERS to determine the legitimacy of using a pass-through account to pay a person who is already retired and receiving retirement system benefits. Response from Big Lagoon Union Elementary District: See Attachment 15. Response from Big Lagoon Charter School Network: See Attachment 14.
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R6Page 13The Grand Jury recommends that the Big Lagoon Charter School Network check with the California State Department of Education, Charter School Division, to confirm the legitimacy or legality of this metamorphosis. Response from Big Lagoon Union Elementary District: See Attachment 15. Response from Big Lagoon Charter School Network: See Attachment 14.
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R7Page 13The Grand Jury recommends that either the sponsoring agency (Big Lagoon Union Elementary District) or the Humboldt County Office of Education exercise vigilant oversight regarding the credentials held by teachers assigned to be the primary teachers of the core high school courses of English, Math, History, and Science. Response from Big Lagoon Union Elementary District: See Attachment 15. Response from Big Lagoon Charter School Network: See Attachment 14. Response from Humboldt County Office of Education: See Attachment 13. Grand Jury Report # 2005-HS-05 A Review of Practices and Policies of Freshwater Charter Middle School WHO SHALL RESPOND: (cid:190) Freshwater Charter Middle School shall respond to Finding 1 and Recommendation 1
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R8Page 24The Grand Jury recommends the DA refrain from firing Deputy DAs – except for cause - unless comparable replacement prosecutors are identified and are willing to work in Humboldt County. Response from District Attorney: See Attachment 10.
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R9aPage 24The Grand Jury recommends that the DA develop and implement a system to provide job security for Deputy DAs protecting them from arbitrary firing. This should be done by January 1, 2006. Response from District Attorney: See Attachment 10.
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R9bPage 24The Grand Jury recommends that the Board of Supervisors be directly involved in working with the DA to develop and implement a system which provides job security for Deputy DAs. Draft Response from Board of Supervisors: The recommendation will not be implemented, as it is not warranted. Past County experience does not demonstrate that the “at will” employment status has been a problem for either recruitment or retention of experienced prosecutors. See also Attachment 2.
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R10Page 24The Grand Jury recommends that the DA require that when a serious felony case is plea-bargained, the Prosecutor shall request the Court to order that the reasons for the plea bargain be reflected in the court minutes of the case. This will make the information readily available to the public and the media. Response from District Attorney: See Attachment 10. Attachment 1 22 Grand Jury Report #2005-LJ-03 Volunteer Patrols: A Boon to Law Enforcement EXECUTIVE SUMMARY: The various volunteer police patrol organizations in Humboldt County provide valuable assistance to law enforcement. Each year the volunteers log many thousands of miles and provide many thousands of hours of volunteer time, saving the taxpayers many thousands of dollars. The Grand Jury urges interested citizens to contact the Sheriff’s department or their local police department to volunteer. WHO SHALL RESPOND: (cid:190) No responses are required for this report Attachment 1 23 Grand Jury Report #2005-PW-01 Code Enforcement EXECUTIVE SUMMARY: The County of Humboldt would reap substantial benefits through the creation of a staff position for a Code Enforcement Officer. In the past, an extra-help employee for code enforcement actions brought in revenue to the county in excess of the cost of a full-time employee with benefits. Establishment of a Code Enforcement Unit within the county Department of Community Development Services, Economic Development Division, will generate much needed revenue as well as discourage violations of building and planning code provisions. Note: since the Grand Jury did this investigation, but before publication of the report, the Board of Supervisors authorized and the Economic Development Division hired a full-time employee with benefits to do this work. The Grand Jury commends the Board of Supervisors for authorizing and the Economic Development Division for filling the position in Code Enforcement. WHO SHALL RESPOND: (cid:190) No response is necessary Attachment 1 24 Grand Jury Report #2005-PW-02 Community Development EXECUTIVE SUMMARY: Development of affordable housing is a much-needed component of the county’s General Plan and efforts to provide such housing are already underway. However, the county needs to consider the wishes of the community and its input into both the type and location of affordable housing projects. Many citizens believe that the county did not consider the community’s wishes and input with regards to the Redwood Village project in Redway. The Grand Jury recommends that the county maintain careful supervision over such projects to ensure that future tenants have safe, well-built, and properly maintained housing. WHO SHALL RESPOND: (cid:190) Humboldt County Department of Community Development Services shall respond to