Mendocino County Grand Jury
• 2011-2012
Ukiah Unified School District: a House Divided March 8, 2012
⚠️ 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 24 findings
F1
Mendocino County Office of Education reported that financial decisions and expenditures conformed to State regulations.
No recommendations for this finding
F2
With a threat of 2010-2011 mid-year cuts, reduction of costs was a prudent decision. However, there was inadequate information or explanation of changes in financial practice given to employees.
Related Recommendations (1)
R4
Reasons for major changes be adequately communicated to personnel affected by those changes. (Findings 2, 6, 8,10, 14-16, 23)
F3
The reserves for 2010-2011 were $6,585,532.80, which is higher than the 3% required by the State. Considering the District’s monthly payroll is over $3.6 million, the State required 3% reserve would cover less than two months of payroll.
No recommendations for this finding
F4
Late budgets and some fiscal errors were a result of inconsistent handling by fiscal staff.
No recommendations for this finding
F5
In 2010, a Chief Business Officer (CBO) was hired, who produced timely, understandable budgets, and assigned charges to appropriate categories.
No recommendations for this finding
F6
The CBO instituted a policy of prior approval of purchase orders by the Fiscal Office, a practice that had not been routinely followed in the past. This was done without adequate explanation.
No recommendations for this finding
F7
Staff and community members reported that the current Superintendent had a “top-down” style of management, appeared to be threatened by challenges to her decisions, and used extensive legal consultation before replying to requests for information.
Related Recommendations (1)
R5
Administrators and unions be encouraged to develop a mutually respectful working relationship. (Findings 7-9, 11-13, 15, 16)
F8
The Superintendent did not sufficiently involve principals, teachers, and other staff in decision-making processes.
Related Recommendations (2)
R3
Teachers and other staff members be included in planning major changes to educational programs, processes or procedures. (Finding 8)
R5
Administrators and unions be encouraged to develop a mutually respectful working relationship. (Findings 7-9, 11-13, 15, 16)
F9
In the face of community and staff opposition, Administration and The Board of Trustees proceeded with planning for the building of a new District Office.
Related Recommendations (3)
R5
Administrators and unions be encouraged to develop a mutually respectful working relationship. (Findings 7-9, 11-13, 15, 16)
R12
Children’s needs and safety (e.g. the asphalt at Pomolita school) be paramount in all administrative and Trustee decisions. (Findings 9, 10)
R13
Completing all school repairs take priority over the planning and construction of a new District Office. (Findings 9,10)
F10
Community members and District staff voiced concerns that serious school repairs needed to be made before a new District Office was considered. The official school repair list includes the following: • Eagle Peak: $136,500 • Calpella: $490,200 • Ukiah High School: $7,770,000 • Pomolita: $1,175,000 • Frank Zeek: $729,000 • Yokayo: $358.000 • Oak Manor: $759,400 • Nokomis: $322,000 • Grace Hudson: $127,000
No recommendations for this finding
F11
There was confusion over mandated leave days: • Administration took 5 days in 2009-2010 • UTA took 5 leave days in the following year. • CSEA did not agree to take any leave days.
Related Recommendations (1)
R5
Administrators and unions be encouraged to develop a mutually respectful working relationship. (Findings 7-9, 11-13, 15, 16)
F12
Prior to the 2007 school year, grievances were resolved at the school level, with only one grievance reaching the District level.
Related Recommendations (1)
R5
Administrators and unions be encouraged to develop a mutually respectful working relationship. (Findings 7-9, 11-13, 15, 16)
F13
During the period 2007-2009, there were four grievances, all resolved with the UTA. However, during the period 2009-2011, there were 28 grievances, some of 3 which ended up in arbitration. Both grievance and arbitration procedures are very expensive.
Related Recommendations (1)
R5
Administrators and unions be encouraged to develop a mutually respectful working relationship. (Findings 7-9, 11-13, 15, 16)
F14
Prior to the 2010 budget, legal fees and the cost of an administrative assistant’s time had never been charged to the health plan.
Related Recommendations (1)
R4
Reasons for major changes be adequately communicated to personnel affected by those changes. (Findings 2, 6, 8,10, 14-16, 23)
F15
Administration conformed to Health Insurance Portability and Accountability Act (HIPAA) regulations. However, this did not excuse the District Administration from providing more information to the District Health Committee regarding legal fees charged to the health plan.
Related Recommendations (1)
R4
Reasons for major changes be adequately communicated to personnel affected by those changes. (Findings 2, 6, 8,10, 14-16, 23)
F16
Differences over selecting a health plan administrator and charges to health plan participants resulted in multiple grievances, some of which were resolved by mediation. One is currently in arbitration.
Related Recommendations (1)
R4
Reasons for major changes be adequately communicated to personnel affected by those changes. (Findings 2, 6, 8,10, 14-16, 23)
F17
Language in the UTA and CSEA contracts states that the Health Committee was authorized to “…negotiate a contract with consultant and adjudicate problem claims.” However, employee contracts did not clearly state that the Board of Trustees had the final fiduciary responsibility for contracts.
Related Recommendations (1)
R6
The health committee portion of the contracts for UTA/CSEA be amended to give clarity to designation of responsibility and authority. (Finding 17)
F18
Administrative legal fees were $899,000 in the past four years.
Related Recommendations (2)
R7
The contracts for UTA/CSEA be amended to allow mediation before arbitration if grievances cannot be resolved at the local level. (Finding 18)
R8
Trustees monitor, analyze, and approve legal expenditures of the District administration. (Finding 18)
F19
The District instituted an expensive energy saving program without seeking available free local programs or researching other, less-expensive programs.
Related Recommendations (1)
R9
In the future, the Trustees should first seek out local, free programs, prior to committing to under-researched and expensive contracts that ignore or leave out a bidding process. (Findings 19, 20)
F20
The basic energy saving contract costs to date have been $379,900 and the District is still liable for two additional payments of $157,000 each. The Superintendent reported to the Board considerable savings from the program. However, the GJ reviewed documents showing no such savings from the first three years.
No recommendations for this finding
F21
District Trustees who have an immediate family member employed by the District are not allowed to participate in discussions or to vote on fiscal matters affecting employees. However, Education Code section 35107 clearly allows Trustees to discuss and vote on matters affecting a class of employees rather than a unique individual.
Related Recommendations (1)
R10
District legal staff consult with other districts to discover how board members, who have a spouse employed by a district, handle discussion and voting on fiscal matters. (Finding 21)
F22
Several Trustees have served many years on the Board and exhibit limited understanding of the fiscal operations of the District.
Related Recommendations (1)
R1
Trustees be trained in fiscal oversight and financial management. (Finding 22)
F23
Public expression at meetings has been limited to the beginning of the agenda, without the Trustees responding.
Related Recommendations (1)
R2
Public expression at Board meetings should be held at the end of each item on the agenda, and the Board should be encouraged to respond. (Finding 23) 4
F24
The GJ heard testimony from many community members that the Superintendent, by maintaining a primary residence in Southern California, was not committed to the community.
Related Recommendations (1)
R11
In the selection of a future Superintendent of Schools, the Board select a candidate who is willing to make their home in the community. (Finding 24)