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Findings 17 findings
F1
The December 3, 2003 minutes of the Soquel Union Elementary School District’s Board of Trustees meeting gave notice that the district's next meeting would be December 17, 2003.
F2
A special meeting to set goals and objectives was held on December 9, 2003.
F3
District officials say the December 9, 2003 meeting was properly noticed in the same way that all school board meetings are. The public is notified about the meeting in several ways: • Notice is posted on bulletin boards at each school. • Information is faxed to local newspapers and media outlets. • Information is posted on the district’s Web site.
F4
The Grand Jury heard testimony that a president of a Home and School Club asked about the December 9, 2003 Goals and Objectives Workshop ahead of time and was told they could not attend.
F5
The Grand Jury heard testimony that this person was told that presidents of the Home and School Clubs were not invited to participate in the Goals and Objectives Workshop but were welcome to observe. Invited participants included school board members, presidents of School Site Councils and representatives of the California School Education Association (CSEA) and Soquel Education Association (SEA) unions for each school.
F6
The agenda for the December 9, 2003 meeting lists the following items: • A public session. • Time for public communications. • A Goals and Objectives Workshop.
F7
District officials said that no members of the public attended the meeting.
F8
The text of Ballot Measure A (March 2002) gives a complete list of construction and modernization projects for the school district's five schools. For details, see Appendix B.
F9
An update of the district's construction funding as of February 8, 2004 shows projects, construction management costs and bond costs totaling approximately $11.5 million. For details, see Appendix C.
F10
All bond money is spent under a specific coding. Money raised from a construction bond cannot be spent on anything but construction, construction management and - 16 Soquel Union Elementary School District Report 2003 – 2004 Santa Cruz Grand Jury Final Report bond costs. Moving funds meant for one construction project to another construction project is a common and acceptable practice.
F11
Facilities funds not restricted to other projects (e.g., funds from a bond for other projects) or purposes (e.g., maintenance) may be used to protect a school district's legal rights to use specific real property for school facilities, including litigation.
F12
All check requests go through the County Office of Education, where the checks are written.
F13
The school district's 2003 lawsuit against the City of Capitola was funded by the sale of the Parrish house, a piece of property the district owned. After deducting costs such as agent and escrow fees, the sale of the $303,000 property raised $286,396. The cost of the lawsuit was $360,784. The difference between the two figures is $74,388. That money is coded as coming from capital outlay funds, not from bond funds.3 This fund includes school fees paid by developers.
F14
School districts are required to have balanced budgets. The Santa Cruz County Office of Education closely monitors their budgets. If they are not balanced, in extreme cases the state will step in and appoint a trustee to oversee operations.
F15
School board trustees are charged with ensuring a free and adequate education, overseeing the spending of taxpayers' money and approving balanced budgets each year.
F16
The school district “deficit spent in its general fund”4 for the four years before its 2003-2004 budget. Auditors recommended the following: “The budget for 2003-2004 must be constantly compared to actual results and no additional expenditures approved unless there are cost savings in other areas, or unexpected revenue is realized. In the future the budget should not be approved if appropriates exceed revenues. The District (should) develop budgets in the future that ensure available reserves exceed the minimum state requirements of three percent of total General Fund outgo.”5 The district’s response was: “The District is currently operating with a balanced budget for 2003-2004. The District is making every effort to accumulate and retain sufficient reserves to provide a cushion against further 3 Soquel Union Elementary School District financial records. Soquel Union Elementary School District, County of Santa Cruz, Capitola, California Audit Report, June 30, 2003. Goodell, Porter & Fredericks, L.L.P., Certified Public Accountants. Soquel Union Elementary School District, County of Santa Cruz, Capitola, California Audit Report, June 30, 2003. Goodell, Porter & Fredericks, L.L.P., Certified Public Accountants. Soquel Union Elementary School District Report - 17 2003 – 2004 Santa Cruz County Grand Jury Final Report economic uncertainties. The District is relying on the flexibility allowed by the State during the next few years to achieve adequate reserves.”6 District officials dispute the auditors’ finding of deficit spending on technical grounds. School budgets include both restricted and unrestricted funds. Restricted funds are for categorical items with strict control over how they may be spent. Such funds are allowed to carry over balances from one fiscal year to the next. The district was expecting surpluses in its unrestricted funds, which can be used in any way.
F17
The public elects school board trustees. They serve until they leave office in one of several ways. Their term can expire, they may be recalled, they may lose an election, or they may leave office in any of a number of other ways. Conclusions
Recommendations 3
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R1The Soquel Union Elementary School District should work to ensure that the public knows that all board meetings are open. The public should not be expected to know the fine points of the Brown Act. It is up to the Board of Trustees and the Superintendent to go the extra mile to make sure their business is done in the open. The Board and the Superintendent should also work hard to make sure the public knows its rights to information. They should take extra care to make information available in a timely manner. This is especially important when facing such potentially contentious issues as school closings. The easily dispelled and incorrect rumors in this report should not have had to come to the Grand Jury to be resolved. Allowing them to circulate unchallenged in a school community makes for mistrust and divisiveness. This is particularly unfortunate at a time when a school was closed.
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R2School board trustees are elected to vote according to their own consciences in carrying out their duties. They are accountable to the public through the ballot box. Members of the public who feel they are not being well represented have the option to recall trustees or to support another candidate at election time.
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R3The Soquel Union Elementary School District’s Board of Trustees is to be commended for making difficult decisions in order to keep its district solvent without cutting programs and staff. Soquel Union Elementary School District Report - 19 2003 – 2004 Santa Cruz County Grand Jury Final Report