ON TAP FOR THE BOARD: Bond Updates, a New Superintendent, and Public Access

On Tap for the Board is a short summary of what you can expect at the next regular meeting of the Santa Clara Unified School District's Board of Trustees

DETAILS: 

January 10, 2013 at the District Office Board Room, 1889 Lawrence Rd.  Santa Clara, CA 95051

Call to Order – 5:30 pm; Open Session – 6:30 pm

RECAP:

Following a marathon 7 hour meeting last December 13^th, which featured the swearing  in of two newly elected Board members and ended with the announced retirement of the District Superintendent, and two special meetings called on short notice on the 18^th and 19^th, tensions on the Board and between Board and District Staff have rarely been higher.  The December 13^th meeting ushered in a new Board majority, consisting of newly selected Board President Christine Koltermann, Ina Bendis, and two new trustees: Michelle Ryan and Chris Stampolis, who survived substantial opposition to handily win his seat.

Following the meeting, marked by disagreement and occasional outright hostility between members of the new majority and the rest of the Board and Staff, Superintendent Bobbie Plough announced her retirement, effective this June, citing family issues.  The December 18^th special meeting was found to be in error due to mistakes in the announced agenda, preventing any board action – which did not stop the meeting for lasting over an hour, picking up on the 19^th with a contentious discussion over beginning the search for a new superintendent.

ITEMS OF NOTE:

(To view the full agenda, visit the District's website here)

As has become practice, expect another long meeting of the Santa Clara Unified School District Board of Trustees this Thursday.  Reports are expected from the Citizen Oversight Committees for the Measure J and Measure H Bond Measures.  Expected to draw longer discussion is item G.7., which will cover the approval of reference checking and further board action on the hiring of a search firm to find candidates to replace the retiring superintendent.  Given the extensive time previously spent on this normally simple matter, expect this item to draw Board and public input.

Finally, several topics concerning public access to Board meetings and records are expected to draw substantial, if not heated, contributions from the Board and public: Item H.4. will discuss increased availability of past Board agendas and minutes on the District Website, I.2. will discuss increasing access to Board meetings after complaints from the Board and public over difficulty hearing and getting into crowded meetings, and Item I.3.  will discuss the possibility of videotaping meetings, including airing them on the public Channel 26.

OTHERWISE OF INTEREST:

The retirement of Superintendent Plough means that the board will face a very different staff come this Fall compared to that found less than a year ago.  Of the primary Staff members the Board deals with, only Assistant Superintendent for Human Resources Brad Syth remains; Assistant Superintendent of Educational Services Lisa Cesario left in May to accept a position outside the District, Assistant Superintendent for Business Services Jim Luyau recently announced his retirement, and Board Secretary Cathy Van Pernis plans to retire, after 14 years in her position, this Fall.

School Accountability Report Cards, Public Access to Meetings On the Agenda for Jan. 10 SCUSD Board Meeting

The Santa Clara Unified School District (SCUSD) has another full agenda for its first meeting of 2013.

Interim annual reports about current bond projects are on the agenda. Both bond issues – 2004's Measure J ($315 million) and 2010's Measure H ($81 million) – are for capital improvements to school facilities and both have a clean bill of health.

The district is also opening a request for bids to provide travel services for the district for the rest of the school year for multi-day field trips, athletic competitions, band performances, educational study trips, and special events.

The board will also be asked to approve hiring an Interim Assistant Superintendent, Business Services Division, Dana Taylor, at $85.00 per hour for up to 960 hours, for the remainder of the school year. This follows the retirement of the former Asst. Superintendent, Jim Luyau, after a 2012 extraordinary audit (report and analysis)  by the County Office of Education found questionable accounting practices on the part of district employees who were handling bookkeeping for two other county education agencies. Dana Taylor has experience in Moreland School District and was recommended by the Santa Clara County Office of Education.

Discussion Items:

School Accountability Report Cards (SARCs). These are detailed analyses of each school in the district, including: physical plant, materials, per-pupil spending, teacher salaries, demographics, and student performance. One observations: teacher salary and per-pupil spending doesn't predict student performance, but – no surprise – the percent of economically disadvantaged students does.

This item could be an opportunity for en encore of the Dec. 13th out-of-the-blue proposal made by Board Member Ina Bendis to make Bracher a K-6 – or K-8 – school. Making such a proposal through a routine Board Agenda, and without prior investigation or discussion is highly unusual, and provoked a tsunami of criticism from district teachers and parents, and accusations of hidden agendas and conflicts of interest. Board Member Chris Stampolis' children attend Bracher. Bendis has donated to Stampolis' political campaigns and provided him with pro bono legal advice. 

Posting Past Board Agendas and Minutes on the District Website, Video-Recording Board Meetings, proposed by Board President Christine Kolterman. There has been discussion over the years about bigger online archives, video-recording (instead of just audio-recording) and TV broadcast of board meetings. In the past the board majority ruled that the additional equipment, data storage and staff costs weren't justifiable. 

The irony here is that two sitting board members who opposed these moves lost re-election campaigns arguably because of the opacity of board proceedings. In the past, the Board kept detailed minutes of discussions. Baord Member Bendis objected, claiming that the minutes were biased, and the Board now keeps an action-only summary. 

Update from the Superintendent regarding the District's Extraordinary Audit Report: The Superintendent will present the district's 3-part plan to prevent similar abuses in the future:

·      Internal Control Structure: e.g. documentation

·      Hard Controls: signing authorities, monitoring

·      Soft Controls: social, i.e. employee roles

Public Access to Board Meetings.

Expect plenty of discussion on this topic, precipitated by the last three board meetings (Dec. 13, 18, and 19) which saw overflow crowds and audience behavior more familiar in the context of a sports competition than a school board meeting. A change of venue as well as rotating meeting locations will be discussed.

Board Members Ina Bendis and Christine Koltermann are trying to frame this as a civil rights issue on the grounds that the people who didn't get seats – some of whom may not speak English and at least one of whom was apparently disabled – were denied access to public meetings. As these meetings also were the setting for harsh criticism of the actions of the board's new majority – Bendis, Koltermann, Michele Ryan, and Stampolis – Bendis and Koltermann also allege that the their critics have suppressed other points of view by taking up all the seats.

Bendis previously set the tone for this discussion of civil rights and public decorum by referring to those who had reserved seats as an "exalted class." Over her 6-year tenure on the Board, Bendis has contributed to the lack of decorum she now bemoans with other similarly sarcastic remarks belittling other board members and district employees. She has also the subject of two harassment complaints brought against SCUSD. And last year she filed a police complaint (subsequently dismissed) against former Board Member Pat Flot, claiming that Flot had physically threatened her. Flot claims this was aimed at intimidating Flot from running for the board seat that opened up when long-time board member Don Bordenave retired.

Bendis also has claimed special privileges for herself, including speaking beyond the two-minute limit and a private office, on the grounds that she has ADHD, a disability that must legally be accommodated. Despite her ADHD, in the course of her 60+ years Bendis managed to earn a Ph.D.,, M.D.,  J.D. and admission to the California Bar.

Also under discussion

• A process for qualifying search firms for finding a new Superintendent to replace Bobbie Plough who announced her retirement following Dec. 13's chaotic, 7-hour board meeting. This makes the third time SCUSD has hired a new Superintendent in 6 years. At the Dec. 19 meeting, Bendis proposed a subcommittee appointed by Board President Koltermann to research search firms. This was voted down 6-1 by the board. 
• New instructional materials/resources for AP Foreign Language
• New editions of handwriting and literacy intervention – who guessed that penmanship was still taught in school? You certainly couldn't prove it by my son's writing.
• New Construction and Engineering Program Teacher position
• Scheduling an SCUSD Board Governance Retreat

No indication about whether there will be a report from the Stampolis and Ryan about their recent trip to China, sponsored by the Hanban Institute of the Chinese Ministry of Education. 

Don't Have a Malware Nightmare Before Christmas

This is not a Santa Clara-particular post. But it is important. There's a new e-mail phishing scam going around. And the thing about this one is that I might have gotten caught except for the fact that I have a Mac -- Windows .exe files won't run on a Mac. So even if it's downloaded, it can't install or run. 

(I'm sensitive about this because last Christmas our debit cards and passwords were stolen by a "skimmer" who sold the numbers to someone in Los Angeles. Someone who liked to shop at Juicy Couture -- a dead giveaway. If it had been Talbot's or Macy's I might not have caught on as fast.)

This latest scheme is very convincing: You get an email purportedly from the USPS or FedEx telling you that your package was undeliverable and instructing you to click on the receipt. 

Around Christmas who isn't expecting a package? 

According to Hoax-slayer.com:

"The message is not from USPS. The claim that a package delivery has failed is untrue. The message is an attempt by online criminals to trick users into downloading and installing an information stealing trojan. The link in the scam email points to a compromised website that will automatically download the malicious payload to the victim's computer. If the victim then proceeds to run the downloaded .exe file, a trojan will be installed. Typically, once installed, these trojans can steal sensitive personal information from the infected computer, make connections with remote servers operated by online criminals and download further malware components." 

Best idea? Don't click on anything 'til, like Santa Claus, you check twice to see if it's naughty or nice. 

The Empire Strikes Back

At the Dec. 13 meeting the SCUSD board of trustees, the comrades of the politburo had to hear from critics. So Ina Bendis and Christine Koltermann are taking action to remedy what they are renaming a "civil rights violation" with a "process to improve access to board meetings."

(It's curious that this agenda memo was prepared on Sunday, but the special board meeting wasn't announced until Monday -- and less then 72 hours mandated by the Brown Act and without a majority of the board voting that it was an emergency. Plus, Koltermann and Bendis apparently wrote it together, which sounds like a serial meeting.)

Bendis and Koltermann also compained about the audience decorum, saying they would like to see "role models for conduct that supports [sic] decorum and affirmatively demonstrates respect for all."

Bendis should know, as has been faithfully reported at the Santa Clara Weekly. When it comes to affirmative demonstrations of respect for all, Bendis is the how-not-to-do-it exemplar.

At a July 30, 2012 meeting she remarked, "I'd be thrilled to know which of the many groups that were solicted widely was the group in which Pat Flot was the only person who decided she wanted to serve!"

At the same meeting she also told acting chair Albert Gonzalez -- the sole Latino on the board -- that "maybe the chair [Gonzalez] would like to go out and get himself a copy of Robert's Rules,"adding that reading it required no more than a tenth grade reading level.

In March 2012 Bendis accused trustee Elise DeYoung of perjury and/or stupidity - take your pick. "She unwittingly allowed herself to be manipulated by city officials," said Bendis. "Ms. DeYoung signed two letters she knew would be conveyed with false information," and further accused the board of "secretly colluding with an adversarial party" -- i.e. the City of Santa Clara.

In 2009 she was reportedly overheard at a public event telling a congressional aid that "A mentally challenged 9th grader could do your job better."

And that's not even talking about employee harassment complaints that were filed against the district because of her and the ensuing censure by her colleagues.

Still, board meetings ought to be conducted in rooms where everyone can fit. But until recently, SCUSD's board meetings rarely drew standing room-only audiences -- something that no doubt worked to Bendis' benefit. Now that she has the spotlight, she may soon be pining for the good old days.

Here's the entire memo:

TO: Dr. Bobbie Plough, Superintendent

FROM: Dr. Christine E. Koltermann, SCUSD Board President

PREPARED BY: Dr. Christine E. Koltermann, SCUSD Board President

                               Dr. Ina K. Bendis, SCUSD Trustee

SUBMITTED: December 16, 2012

MEETING DATE: December 18, 2012 (Special Meeting) 

TITLE: Approval for the SCUSD Board of Education to initiate a process

to improve access to Board Meetings by all members of the public.

ADMINISTRATIVE SUBMISSION

The Board President has received complaints that the December 13, 2012

Regular Meeting of the SCUSD Board of Education was not equally

accessible to members of the public, including members of protected

classes. The following is a non-exhaustive list of the kinds of

complaints received.

[1] Seating in the district Board room was almost exclusively reserved

by staff for other staff members, forcing parents and other community

members to stand in the lobby and the hall.

[2] The volume and clarity of the sound system available in the lobby

and hall was insufficient to enable mew~ers of the public who could not

enter the Board room to hear the proceedings;

[3] The background noise level in the lobby and hall due to private

conversations precluded even members of the public who stood within

what normally would have been hearing distance of the speakers, to hear

the proceedings;

[4] Disabled members of the public who could not stand for long periods

of time due to their disabilities, were unable to remain long enough to

listen to the Board's discussion and exercise their right to address

the Board on matters of interest to them, because they did not have

access to the seating they required due to their disabilities;

[5] Latino members of the public who lack proficiency in English, and

whose "protected class" ethnicity comprises more than 30% of District

residents, could not understand the proceedings or contribute their

input to the Board, regardless of whether they were among the fortunate

few non-employees to achieve seating within the Board room.

[6] The repeated outbreaks of applause, hand waving and spontaneous

oral outbreaks by District employees who'd obtained preferential access

to seating in the boardroom compared to members of the public who'd

been excluded from the boardroom due to "Reserved" signs on seats,

denied the physically-excluded individuals equal access to similarly

communicate their own support for views expressed by others, outside of

the time reserved for public comment and, in addition, may have

violated Govt. Code 54957.9 and SCUSD Policy 7370. In addition to this

specific civil rights concern, the refusal of those engaging in this

conduct to cease it when requested by the Board President also

subverted the purpose of Board Policies designed to encourage parent

and community participation at Board meetings; enable the Board's

access to all points of view without minority view-holders' fear of

intimidation or embarrassment; and provide students with Employee role

models for conduct that supports decorum and affirmatively demonstrates

respect for all.

RECOMMENDATION:

The board will take action to initiate a process through which SCUSD

will ensure equal access to all individuals who wish to attend our

Board meetings, with particular attention to ensuring the civil rights

of all Constitutionally-protected classes, to creating an atmosphere of

decorum conducive to the Board carrying out its business as efficiently

as possible; and to proactively avoid an atmosphere that would tend to

suppress expression of minority views. Unless the Board chooses an

alternative approach, the President will appoint a three-Trustee task

force charged with researching the constitutional issues in play;

inviting/receiving input from parents, community members, employees,

bargaining units, and other stakeholders; and formulating an action

plan to ensure civil rights protection, for presentation to the Board

at a later meeting.

Postcards from Beijing

After a mind-blowing effort to condense a 7-hour school board meeting into less than 1200 words, I came down with a bad case of cliche-itis. Leading to this:

Why the unseemly haste to conduct non-stop SCUSD board meetings between now and Christmas? Superintendent Bobbie Plough is leaving in six months -- not six days. Although, Plough makes the 3rd -- or is it 4th? -- Superintendent to retire since Ina Bendis was elected to the Board of Trustees in 2006. (Correlations are not causes, but they do merit attention).

The reason is, according to talk around town, several members of the SCUSD board jet off for a week in China, all-expenses-paid thanks to the Chinese Hanban Institute. They're slated to return in time to ring in the new year.

We don't know if any other county educators are going along, as the COE hasn't yet returned a call asking for more information.

The invite came from the Chinese Hanban Institute. Here's the County Office of Education agenda item from a few weeks ago:

"Hanban is sponsoring a trip to China on December 21-29, 2012 and has extended an invitation to 20 educational administrators from Santa Clara County. Hanban will be covering the cost of international travel, accommodations and meals while in China. The purpose of the trip is to share educational practices. Administration recommends approval of roundtrip airfare [for board members] from the Bay Area to LAX and VISA cost."

The Hanban Institute is an arm of China's Ministry of Education. Its stated mission is promoting and enabling the teaching of Chinese languages outside China.

Hanban is part of a larger entity, the Confucious Institute, which promotes Chinese culture and Confuscian principles and world-view through international educational activities – a similar analogy would be the way the Jesuit Order promotes Catholic principles and world-view through its international educational activities. (Jesuits were active missionaries in China since Fr. Matteo Ricci landed in Macau in 1582). In fact, Belvedere College, a Jesuit secondary school in Dublin, hosts an expanding Hanban language and culture immersion program.

James Rowen suggests that we should beware of Greeks bringing gifts, labeling the trip a Manchurian Junket.

Sacramento Court Blocks County's $30 Million Santa Clara RDA Money Grab

It looks like the County isn't going to be buttering its bread with Santa Clara's $30 million.

Sacramento County Superior Court judge Lloyd Connelly granted the San Francisco 49ers' motion to block Santa Clara County from distributing disputed Santa Clara Redevelopment Agency money earmarked for stadium construction. On June 22, 2012, the Santa Clara Redevelopment Successor Agency Oversight Board voted 4-3 on an off-agenda motion to nullify the former RDA's contract with the 49ers to provide $30 million towards the Santa Clara stadium construction project.

Further, the Sacramento judge isn't buying Santa Clara County's inventive argument that contracts aren't enforceable if laws change, and is taking very seriously the Oversight Board's possible violation of California open public meeting law, the Brown Act. 

In his written decision, Judge Connelly explained that the restraining order was based on "a strong likelihood of the petitioner prevailing in this case, particularly on their Brown Act violation and contract termination claims." A hearing is set for July 27, 2012 at 1:30 p.m. and the judge said that he may rule on the merits of the case at that time.

The case, number 34-2012-80001192, can be found at can be found at www.saccourt.ca.gov. 

Santa Clara Recognized for Good Governance Leadership

Once upon a time a city clerk's role was reactive: keeping the town records. Today, it's proactive, as city clerks are increasingly asked to drive good government programs and expand public engagement with local governance. It's not an understatement to say that city clerks are town CDOs – Chief Democracy Officers.

Last month the International Institute of Municipal Clerks (IIMC) recognized Santa Clara's leadership through the California Ethics and Democracy Project (CEDP, caethicsproject.com) – which had its start in city in 2007 – and City Clerk Rod Diridon's office with the 2012 Program Excellence in Governance Award.

The award was given at the IIMC's second ethics summit, held in Santa Clara, and is the Institute's highest program honor. Among Santa Clara's achievements are its founding role in the CEDP and the organization's first summit in 2009ß. 

The California Ethics and Democracy Project (CEDP) was created to share expertise, formulate best practices, and create an educational curriculum to teach the skills necessary to implement good government efforts, according to Santa Clara City Clerk and CEDP chair Rod Diridon, Jr. 

The CEDP's accomplishments include The Municipal Clerk Decision Roadmap and 6-Way Test for insuring that programs such as voter registration drives or get-out-the-vote campaigns are executed fairly and without bias. "Santa Clara has some of the best programs in the state, they’re a solid model,” says Diridon. “This collaboration helps us to be even more effective by learning what other communities find successful.”


A version of this story was previously published in the Santa Clara Weekly.