Brown Act Violation April 29, 2015

ANTON JUNGHERRWCCUSD Alleged Violation of Brown ActApril 29, 2015

510.697.7212 [email protected]

May 6,2015

President and Members of theWest Contra Costa Unified School DistrictBoard of Trustees1108 Bissell AvenueRichmond, CA 94801

DEMAND FOR CURE OR CORRECTION; ALLEGED VIOLATIONOF BROWN ACT

This letter is to call to your attention to what I believe was a substantialviolation of a central provision of the Ralph M. Brown Act, which mayjeopardize the fmality of the action, taken by the Board of Trustees of theWest Contra Costa Unified School District (WCCUSD) at a Special Meetingon April 29, 2015.

The nature of the violations are as follows:

The April 29, 2015 Special Meeting Agenda did not properly noticethe consideration of an independent forensic examination of the bondprogram. See Exhibit A. This was a violation of the Brown Act.

The consideration of an independent forensic examination is not aproper close session item. This was a violation of the Brown Act.

The April 29, 2015 did not accurately record the action taken or thevote on this matter. See Exhibit B. This is a violation of the BrownAct.

The April 29, 2015 report of closed session action was accuratelyrecorded by Contra Costa Times reporter Theresa Harrington in hervideo posted on the newspaper's website and in her April 29, 2015article. See Exhibit C.

At the May 6,2015 Board meeting action was taken to amend theApril 29, 2015 minutes to add additional information in regards tothis independent forensic examination that was not reported at theend of the April 29, 2015 closed session. This was a violation of theBrown Act.

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Brown Act Requirements:

"The intent and purpose of the Brown Act 1 is to ensure the actions (of locallegislative bodies) are taken openly and that their deliberations be conductedopenly." 2

The Brown Act provides that the public have the right to an agenda thatcontains a brief description of each item of business to be transacted. 3 Thedescription of agenda items must not be misleading.

"In Carlson v. Paradise Unified School District (1971) 18 Cal.App.3d 196,the court, commenting on the specificity required for a school board agenda,provided: [I]t is imperative that the agenda of the board's business be madepublic in some detail so that the general public can ascertain the nature ofsuch business. It is a well-known fact that public meetings of localgoverning bodies are sparsely attended by the public at large, unless an issuevitally affecting their interests is to be heard. To alert the general public tosuch issues, adequate notice is a requisite." 4

The Brown Act provides that action taken in permissible closed sessionshould be reported to the public as soon as the action is taken. Brown Actrequires the body to report all actions taken in closed session and the vote orabstention of every member present.

Background:

On April 22, 2015 Dennis Clay, an employee of the District, sent a CD ofdocuments pertaining to the 2014 Performance Audit to the School Board.He also gave these documents to the Grand Jury. See Exhibit D.

The Board responded to these documents during the April 29, 2015 closedseSSIOn.

I California Government Code Sections 54950 through 54963.2 The Brown Act, School Boards, and Open Meeting Laws, California School Boards Association, 2009,page 4.3 Government Code section 54954.2(!l).4 The Brown Act, School Boards and Open Meeting Laws, California School Boards Association, 2009,page 23.

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Brown Act Remedy:

The Brown Act allows the legal remedy of judicial invalidation of illegallytaken action. Pursuant to Government Code Section 54960.1, I demand thatthe Board of Trustees cure or correct the illegally taken action as follows:formal and explicit withdrawal from any commitment made, coupled withdisclosure at a subsequent public meeting of the reasons why individualmembers of the Board of Trustees took the position that they did, release tothe public all documents supporting the April 29, 2015 meeting action withfull opportunity for informed comment by members of the public at the samemeeting, notice of which is properly included on the posted agenda.

As provided by Section 54960.1, you have 30 days from the receipt of thisdemand to either cure or correct the challenged action, or inform me of yourdecision not to do so. If you fail to cure or correct as demanded, I amentitled to seek judicial invalidation of the action pursuant to Section54960.1, in which case I would seek the award of court costs and reasonableattorney fees pursuant to Section 54960.5.

Anton Jungherr

Exhibits

A. Special Meeting Agenda, April 29, 2015B. Minutes of Special Board of Education Meeting, April 29, 2015C. Contra Costa Times Article, April 29, 2015D. Dennis Clay Email, April 22, 2015

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ANTON JUNGHERRWCCUSD ALLEGED VIOLATION OF BROWN ACTAPRIL 29, 2015

EXHIBIT AMay 6, 2015 Letter to WCCUSD Board of Education

WEST CONTRA COSTA UNIFIED SCHOOL DISTRICTBOARD OF EDUCATION

SPECIAL MEETING AGENDACLOSED SESSION

WEDNESDAY, APRIL 29, 201510:00AM

BOARD AGENDA PACKETS AND INFORMATION:

Complete Board meeting packets are available for review at the Administration Building, the District's six highschools, and at public libraries throughout West County.

Complete Board agendas and packets are available online at: www.wccusd.net.

Any writings or documents that are public records and are provided to a majority of the governing boardregarding an open session item on this agenda will be made available for public inspection in the District officelocated at 1108 Bissell Avenue, Richmond, CA 94801 during normal business hours. In addition, suchwritings and documents may be posted on the District's website as noted above.

ATTENDING BOARD MEETINGS:

Location: ALVARADO ADULT EDUCATION CAMPUSROOM I5625 SUTTER AVENUERICHMOND, CA 948054

The Board will convene at 10:00 AM in Room One to receive comments from anyone wishing toaddress the Board regarding closed session items (Exhibit A). The Board will then adjourn toclosed session.

A. OPENING PROCEDURES

A.I WELCOME AND MEETING PROCEDURES

A.2 ROLL CALL

B. CONVENE TO CLOSED SESSIONThe public may address the Board regarding Closed Session items prior to the Board adjourning to ClosedSession by first providing a Request to Address the Board speaker sheet.

CLOSED SESSION

B.I CALL TO ORDER

B.2 DISCLOSURE OF ITEMS TO BE DISCUSSED IN CLOSED SESSION(Government Code 54957.7)

WCCUSD Board of EducationSpecial Meeting Agenda- April 29, 2015

2

See Exhibit A(Government Code Section 54954.5)

EXHIBIT A(Government Code Section 54954.5)

CLOSED SESSION AGENDA

April 29, 2015

1. PUBLIC EMPLOYEE DISCIPLINEIDISMISSALIRELEASE/COMPLAINT(Government Code Section 54957)

C. RECONVENE TO PUBLIC SESSION - REPORT OF CLOSED SESSION ACTIONS

C.1 REPORTIRATIFICATION OF CLOSED SESSION

D. ADJOURNMENT

E. THE NEXT SCHEDULED BOARD OF EDUCATION MEETINGLovonya DeJean Middle School- May 6, 2015


EXHIBITBMay 6, 2015 Letter to WCCUSD Board of Education

West Contra Costa Unified School DistrictMinutes of the Special Board of Education Meeting

Closed SessionAlvarado Adult Education Campus. Room 1

Richmond, CA 94804

Agenda Item B.7

April 29. 2015

A. OPENING PROCEDURESPresident Groves called the meeting to order at 10:00 A.M. The Board recessed into Closed Session. PresidentGroves reconvened the Public Session to report action taken in Closed Session at J 2: J 0 P.M.

A.I Welcome and Meeting Procedures

A.2 Roll Call

Board Members Present: Liz Block, Valerie Cuevas, Randall Enos, Todd Groves, Madeline Kronenberg

Staff Present: Superintendent Bruce Harter; Debbie Haynie, Executive Secretary

Public Comment Prior to Closed Session:Anton Jungherr, Ben Steinberg, Tom Panas, Dan Romero, Linda Ruiz-Lozito, Scottie Smith

B. CONVENED TO CLOSED SESSION

c. RECONVENE TO PUBLIC SESSION - REPORT OF CLOSED SESSION ACTIONS.C.l ReportiRatification of Closed Session I

ft President Groves reported that the Board of Education will establish an independent investigation and have findingsJ reported back to the Board upon completion.D. ADJOURNMENT

President Groves adjourned the meeting at 12; 10 PM.

E. The Next Regularly Scheduled Board of Education MeetingLovonya Dejean Middle School - May 6, 2015

BH:dh

34--- ._-----_ ..._--_._--- - _. ---------


EXHIBIT CMay 6, 2015 Letter to WCCUSD Board of Education

10/0 Bail BondsLowMonthly Payments, Fast & Local ABBABail Bonds

CONTRA COSTA TIMES (http://v ..rww.contracostatimes.com)NEWS (/BREAKING-NEWS)

OVER 500 FRESH DEA 5 WEEKLYWest Contra Costa trustees to seek adetailed audit of bond program

POSTED: QM:;29!201S 05:17:39 Pt .., PDT I UPDATED:.:'. DAYS AGO 7 CO~~MEt~TS

RICH~fOND -- West Contra Costa trustees "ill seek a detailed audit of their bond constructionprogram in the wake of whistle-blower allegations of criminal wrongdoing and negligence by threedistrict officials.

",\5 a board, we are committed to pursing an independent forensic examination of the issues raisedVin the complaint ;mil we have set forth a process to doso," Board President Todd Groves said (tf.. Wednesday, after a closed session meeting to discuss an undisclosed emEloyee complai~...!l.Q

lhe public "ill be hearing much more about it mavins forward."

Dennis Clay, a project analystwho has worked in the districtfor II years, alleged in adocument sent to the boardearlier this month that he haduncovered evidence of criminalconduct by former TrusteeCharles Ramsey, "facilitation"by Superintendent Bruce Harterand negligence by Sheri Gamba,associate superintendent ofbusiness services. Clay whoperforms financial analysis forthe district, said Wednesdaythat be compiled three bindersfull of documents to back up his

claims. which he provided to outside auditors from Pleasanton-based Vavrinek, Trine, Day andCompany.

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Aoverusernent "I had hoped that (the company) would use thedocuments given them in more than a cursoryway," Clay wrote to the board. "Like theauditors before them, Total School Solutions,they did not show much understanding, norinterest in the operational issues andcomplications involved in running a billiondollar bond program ..." Clay said that he wantsto discuss his allegations and documentationwith the independent Citizen's Bond OversightCommittee or its Audit Subcommittee. if thedistrict \\;11allow that.

District spokesman Marcus Walton said it washis understanding that the board is hiring the auditors to conduct the independent investigation.He also said that Clay did not need the district's permission tu talk about his documentation.

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Groves said after the dosed session that the district is taking whistle-blower protection lawsseriously and that he hoped the board would be ready to diseuss its plans for a forensic audit at itsMay 6meeting. A forensic audit is a much more detailed examination of the finances of the bondprogram.

DUling their closed session, trustees met with two outside lawyers, but excluded Harter from mostof the meeting without publicly stating why the superintendent -- who normally attends closedsessions -- was not allowed to participate in a large portion of the dlscussions.

Ramsey, reached by phone late Wednesday afternoon, called the allegations "serious," and saidthat Clay "would have to back them up." He would not comment further and referred questions tohis attorney.

Several district residents who asked the board for an independent analysis of bond spending afterlearning of Clay's allegations praised trustees for taking the matter seriously. The residents saidtransparency is necessary to rebuild public trust in the bond program.

"This independent forensic audit is a HUGE step forward to shining light on the financialirregularities in the construction program," said resident Ben Steinberg, in an e-mail to thisnewspaper.

Hercules City Councilman Dan Romero, who reminded the school board about whistle-blowerprotection laws before they went into closed session, said in an e-rnail after the meeting that hewas glad to hear the board would pursue a detailed audit.

"This is a huge step to transparency that residents in West County have not seen ill over a decade,"he said.

Trustee Madeline Kronenberg said after the closed session that the FBI, which initially contactedher in relation to an SEe investigation into the bond program last fall, has not followed np withher. Trustee Val Cuevas said that the SEe investigation is ongoing.

Theresa Harrington covers education. Contact her at 925-945-4764 or_" _~ . Follow her at

more Information To see whistle-blower documents. a letter from district residents seeking aforensic audit and a video clip from the meeting, visit " .__ " ..:__ ._._

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EXHIBITDMay 6,2015 Letter to WCCUSD Board of Education

3ubj: [WCCUSO CBOCJ Fwd: 2014 Performance AuditJate: 4/24120158:26:25 A.M. Pacific Daylight TimeFrom: h"s;~!t:rfccDF~ciiTi2j~_t-;ort:

FYI. Please do not reply to this email.

Sent from my iPhone

Begin forwarded message:

Begin forwarded message:

Cc: "Clay, Dennis"