CUSD, LaConte: Guilty as Charged

The other candidates in the school board election, Hilary LaConte and Sam Mowbray, do not play political games. They say what they mean, and mean what they say, based on actual facts. We may disagree with some of their positions, but we know they are responsible community leaders who don't resort to tricky campaign strategies driven by political expediency.

- Dave Nemer, letter to Claremont Courier, 9/19/11

J'ACCUSE!

CUSD Board Member
Steven Llanusa

Last Saturday's Claremont Courier had an article by Landus Rigsby, who covers the public schools beat.   The headline, "Board sidetracked by Brown Act violation allegation," implied that CUSD Board Member Steven Llanusa's complaints about open governance violations by the board have distracted the other board members and CUSD Interim Superintendent Gloria Johnston from the more important work of running the school district.

Rigsby's article focused on a complaint Llanusa had made to the Los Angeles County District Attorney's office about an alleged Brown Act violation by the CUSD Board and Johnston at their May 19, 2011, meeting.  The Brown Act is a California sunshine law that's supposed to guarantee transparency in government.

In the article, Johnston indicated that the entire complaint was a waste of the district's time and money.  She also claimed that the DA's response "indicated that there was no reason to pursue further action..."  Rigsby quoted Johnston:

"I feel it's very important for me to clear my reputation in terms of being in charge of or violating the Brown Act in closed session," Ms Johnston said.  "I have in front of me both letters that you have submitted to the district attorney's office, Mr. Llanusa, and neither of them indicate that a substantial violation took place."

Additionally, the article quoted Board President Beth Bingham:

[Bingham] agreed with Ms. Johnston's suggestion that the district attorney's response eliminated the need to pursue further action.

Board Vice President Jeff Stark went even further, stopping just short of calling Llanusa a liar:

CUSD Board VP
Jeff Stark

...Jeff Stark described Mr. Llanusa's recollection of the May 19, 2011 meeting as "incorrect."

"You keep saying there was a Brown Act violation, but clearly the letter from the district attorney does not agree with that," Mr. Stark said.  "So again, Steven, maybe it's an misinterpretation of what the district attorney is saying.  Maybe it's a misinterpretation of what happened in closed session.  But my mmory of that session is dramatically different."

So if Rigsby's article is to be believed, Llanusa's Brown Act complaints are baseless, and his accusations about the CUSD board's disregard for open government laws are not much more than a meaningless distraction caused by a whiney incompetent, which is how the four other board members like to portray Llanusa.

The Rigsby article also helps buttress claims by CUSD board supporters like Dave Nemer that the board, other than Llanusa, have achieved a sort of organizational perfection unmarred by things like Brown Act violations.   This is no small matter since one of the issues that's arisen in the current CUSD board election is the board's lack of transparency, at least as it's perceived in some parts of the community.

Long and short, if Rigsby reporting is at all accurate, Llanusa's full of more crap than a Christmas goose as far as his allegations go.


DA TO CUSD: STRAIGHTEN UP AND FLY RIGHT

Now, we've disagreed with Llanusa on many things and certainly haven't supported him in the past.  But in this case, we've found evidence that not only does Llanusa appear to be right about CUSD's contempt for open government law, but that the district attorney's office has in fact warned the CUSD board about their behavior.

A year ago, at the board's October 7, 2010, meeting, the board went into closed session to discuss what was listed on their agenda as a "Superintendent's Evaluation--Update" as well as a labor negotiation conference.  A complaint was filed with the Public Integrity Division of the district attorney's office alleging that the closed session was a ruse under which the board went beyond the claimed labor negotiation discussion and the evaluation of then-Superintendent Terry Nichols.  The complaint alleged that in closed session the board also discussed budgetary matters and district goals - things that by law are supposed to be considered in open, not closed, session.

CUSD Board Agenda for 10/7/10

(Click to Enlarge)

CUSD Board Member
Hilary LaConte

We should also note that the alleged Brown Act violation occurred under the watch of then-Board President Hilary LaConte, who is currently running for reelection to the board.  LaConte, like Jeff Stark, has publicly scoffed at the idea that the CUSD board is lacking in transparency and is completely open and above board.

We would normally be inclined to leave matters at that.  After all, what occurs in closed session stays in closed session.  Even if a violation occurred, who could ever prove it?

Well, now comes a public response from the LADA's Public Integrity Division to the complaint, presumably from Steve Llanusa (the complaintant is unnamed), regarding that 10/7/10 closed session meeting.  The DA's response, dated 9/29/11 and received by the school district on 10/7/11, belies the claims of openness by the board and its supporters and supports Llanusa's accusations completely.

Here is the DA's response (click on the small "S" at the lower left-hand corner of the image to see a larger view):
LADA ltr 9-29-11


Some key points from the letter:

If, as alleged, the discussions included budgetary considerations and prospective goals of the District, then such discussions in closed session violated the law....

[Evidence Supporting the Allegations - .ed]
We obtained written documents that reportedly reflect matters that were considered in closed session. Copies of the documents are attached. They include what appears to be a presentation slide entitled "CUC Strategic Planning", dated October 6, 2010, and a typed memo with a caption of "Needed Support from the Board". These matters exceed the permissible boundaries of a closed session performance evaluation and do not have anything to do with labor negotiations.  The memo makes suggestions about communications between the Superintendent, the Board, and other groups. It addresses board goals, and public support for possible bond funding....

Unagendized, closed session discussion of such matters violates the Brown Act....

Even if the matters were only presented and not discussed, such consideration is still illegal.....

Similarly, closed session discussions regarding budget issues, proposed expenditures of stimulus money, the possibility of bond revenues, identification of programs or positions to cut, under the guise of Labor Negotiations or Performance Evaluations are simply impermissible.

[CUSD: Don't Use Closed Session to Duck the Public]

We recognize that the issues faced by legislative bodies like your board are difficult, especially in times of financial uncertainty. Such matters often generate controversy and disagreement that is minimized when the discussions are conducted outside the public's view. However, the Brown Act does not permit closed session consideration of matters simply because they are controversial or difficult; rather, permissible closed session topics are narrowly defined and limited to very specific matters for which the public's interest is best served by closed session consideration, such as the range of acceptable terms for a real estate transaction or labor negotiation that is in the works, or the candid communication between the legislative body and its attorney, or the forthright and frank evaluation of an employee who serves at the pleasure of the legislative body itself.

[Warning to Board:  Watch Yourselves in the Future]

In the absence of any objective evidence such as a recording of the closed session discussions, the scope of discussions that occurred in closed session cannot be conclusively proven. However, the impermissible expansion of closed session discussions to include matters that are not expressly authorized for closed session consideration is troubling. We therefore express to you our deep concern about such conduct, to the extent that it has occurred. We urge you to review the circumstances that are described herein, and demonstrate your commitment to compliance with both the letter and the spirit of the Brown Act, by limiting any closed session consideration to those matters properly agendized, and expressly permitted by law. By so doing, you encourage public confidence in the integrity of your agency, and the decision making process, which is vital.

The DA's letter certainly gives Board Member Llanusa new credibility when it comes to Brown Act complaints against the CUSD board. It also detracts enormously from the credibility of the four non-Llanusan CUSD board members and their supporters with respect to their claims of perfection when it comes to transparency, openness, and integrity. The DA's response of 9/29/11 belies the board members' quotes in Saturday's Courier and is especially troubling considering that the school district received the DA's letter weeks before Landus Rigsby's article.

One would expect the school board, having been caught and reprimanded so recently, would display at least a little contrition. Instead, they go on the attack and act as if they, not Llanusa, were the victims. If the school board were as honorable as they claim, they would admit their errors and work publicly to correct them. But they seem incapable of admitting any wrong, even when confronted with the evidence of their misdeeds. Hilary LaConte, the presiding board member at the time of the 10/7/10 incident takes no responsibility and simply seeks to glide through her reelection campaign as if nothing happened.

And perhaps she's right. If no one says anything and the truth is buried, then nothing really did happened, even if it did. As we've said before, Jeff Stark had it right all along: That's the way things have always been done in Claremont.

Shakedown

[Stracci] had a fleet of freight hauling trucks that made him a fortune primarily because his trucks could travel with a heavy overload and not be stopped and fined by highway weight inspectors. These trucks helped ruin the highways and then his roadbuilding firm, with lucrative state contracts, repaired the damage wrought. It was the kind of operation that would warm any man’s heart, business of itself creating more business.

- Mario Puzo, The Godfather

LOOPY LOGIC

Watching the Claremont Unified School District in action, one can't help but marvel at the kooky logic employed by the CUSD Board of Education. For instance, when the school board needed help with its last superintendent search, they turned to Pivot Learning Partners, the consulting firm that identified Terry Nichols, the district's last superintendent.

You'll also recall that Nichols cut out on us 18 months into his $196,650-a-year contract and left CUSD in bind, in answer to which the school board turned to....Pivot Learning Partners!  Board member Jeff Stark explained the deep thinking behind this move, saying that this is the way we've always done things.  Like Charlie Brown trying to kick Lucy's football, we keep going back for more.

To make matters worse, for its interim superintendent the CUSD board hired PLP consultant Gloria Johnston (photo, left), paying her the same amount the district paid Nichols.  We wonder how hard it was for Johnston to tell the board that the results of PLP's exhaustive search was, for the time being, herself.

As we've seen time and again, the CUSD board of education prefers to overpay for work that could easily be done in-house.  For a fraction of the money they paid PLP and Johnston, the board could have had their assistant superintendent fill in for Nichols while they conducted their search.  They could have simply asked PLP or some other firm for a list of names and then interviewed the candidates themselves rather than counting on PLP to winnow the list down to a couple choices.   But, as Jeff Stark likes to say, that's not how we do things in Claremont.

Incidentally, these education consultant gigs must be pretty lucrative.  We've discovered that Interim Superintendent Johnston doesn't limit her consultative work to PLP.   A Fairfield-based company called Total School Solutions lists Johnston as a member of their team. According to the TSS website, Johnston is a TSS Senior Consultant. Here's her bio:

Click to Enlarge

We don't know much about TSS or what exactly Johnston has done there, but we did find a mention of TSS in a 3/2/08 Modesto Bee article about a brouhaha in the Waterford School District:

Modbee.com continuing coverage: School budget crisis

Report rips Waterford spending
Schools chief defends his 'triage, expedient' actions
By ROGER W. HOSKINS
BEE STAFF WRITER

WATERFORD -- While the Waterford Unified School District stares at an upcoming 10 percent budget cut, the board of trustees heard a legal report critical of relaxed financial practices.

The report at a recent meeting covered three main areas of unauthorized or unexpected payments:

Stipends totaling $25,000 paid to two principals over two years, Jose Aldoca and Don Davis

Administrative pay raises of 5.2 percent, including a raise for Superintendent Howard Cohen, that were paid five months before the board approved them

A contract with a Bay Area consulting firm, Total School Solutions, was ratified as a $33,000 agreement to polish the district's master plan but turned out to be an open-ended contract that cost the district $124,000 before it was canceled with the work unfinished.

Maybe, contrary to Jeff Stark's philosophy, this is the way things are done everywhere.  Another pillar of Claremont exceptionalism bites the dust.


BLATTNER BLATHER

If you hadn't noticed, the district (and now Johnston) doesn't limit its use of consultants to headhunting duties.  When the matter of inter-district transfers (IDT's) started becoming a hot-button issue in the current school board election, the school district, needing to help prop up incumbent Hilary LaConte ahead of the November vote, commissioned Bob Blattner and his firm Blattner & Associates to write a report on the impact of IDTs on CUSD. 

The so-called Blattner Report is posted on the CUSD website.  It's presented as a sort of cost-benefit analysis and concludes not only that the overall impact of IDT's is positive, but that discontinuing the acceptance of IDT's into the district would be detrimental to CUSD's budget because whatever savings might be achieved by eliminating unneeded teaching positions would be eaten up by the loss of state money the district receives for each student.

Here's the report:
Blattner Report 9-15-11


It's too bad Blattner didn't bother to provide any of the actual data he used in his report.  For all we know, he could be making this stuff up out of whole cloth.   He is, after all, a former Sacramento Bee education writer who is known as much for being a Sacramento lobbyist as he is for his other work with school districts.  Let's face it, the school district had to commission a political document to prove its premise - that we need IDT's. To that end, they didn't need a detailed, rigorous study. They had to get someone whom the district could count on to shape the narrative.

You'll note that CUSD doesn't bother to produce the back-up data either.  For all their talk about being transparent and involving the community in their decision-making, they're still stuck in their top-heavy hierarchy issuing edicts from on high.  If we know one thing about Claremont, it's that you can get a report to say just about anything you want as long as you don't provide the data to back up your claims.  Just say it strongly enough with plenty of authority, and pretty soon the education beat writers will be citing it as if it were fact rather than interpretive art.

This no doubt explains why CUSD slow rolls requests for what should be public information.  Rather than just posting all the raw figures on their website so that the community could assess them and have a rational debate, CUSD had to get Bob Blattner to explain it all to us.  And if you ask for the data, they don't just delay, they change the subject by having their surrogates call you a racist - "You don't want those kids here."

Compare the district's website to the city of Claremont's, where one can watch videos of old City Council meetings or peruse the agenda materials and staff reports at one's leisure.  For all the complaints we have had about City Hall, access to public information is no longer one of them, and that didn't improve until the City Council turned over and the upper management changed.  Before that, the stonewalling public information requests received was every bit as heavy-handed as what one experiences with CUSD today.

CONSULTANT-GO-ROUND

So, to recap: Consultants salivate at the thought of dipping into the CUSD money stream.  Remember Jared Boigon, the consultant the district hired at a cost of $25,000 to conduct the polling the school board used to buttress its arguments for the $95 million Measure CL bond?  Boigon leveraged that contract into a campaign consultant job working for the front men the district roped into running the Yes on CL campaign last year.  For campaign funding, at Boigon's suggestion, the Yes on CL folks then hit up the very consultants and contractors who stood to benefit from the bond and would have undoubtedly sought to recoup their campaign donations by working those costs into their future billing.

Of course, the district assured us that there was no conflict of interest involved in the $150,000-plus the Yes on CL campaign raised from those consultants and contractors.  No problem at all.  If the school board says it, it must be true.

So we weren't terribly surprised when we learned that Gloria Johnston's Total School Solutions employers are partners with Bob Blattner's company. In fact, TSS issued a press release trumpeting the synergy that was about to be loosed on the world when the two consulting firms teamed up:

Click to Enlarge

They promise to deliver their prospective school district clients to efficiency levels undreamt of outside the Jersey road construction business.  We have no problem with that.  It's just that it would have been nice if Gloria Johnston and the school board would have told us before contracting with Bob Blattner for his expert opinion on IDT's. 

As we said, no surprise.  It's Claremont, after all.  It's how we do here.

Gloria Johnston Starts as CUSD Sup: On Holiday

A friend of ours went down to the CUSD offices to greet the new Interim Superintendent, Gloria Johnston on her first day of work in Claremont, Monday February 21, 2011. Remember the opening paragraph of the press release proclaiming Johnston's hire:

The Claremont Unified School District Board of Education voted to appoint Dr. Gloria Johnston as their Interim Superintendent of Schools at their February 17, 2011, Board meeting. Dr. Johnston will begin her service on Monday, February 21, 2011, replacing Dr. Terry Nichols who will become Superintendent in Duarte.

Surprisingly, by our friend's account, the District parking lot was empty except for a lone contractor dribbling what appeared to be some kind of pesticide on the plants in the parking-lot planters. The doors to the offices were locked tight. Returning home in puzzlement, our friend realized that this was Presidents' Day and, according to the CUSD calendar, school is not in session. And there is no administration going on either.

That got us to wondering, and this is small beer, we admit, why did the Board start Johnston's contract on a holiday? Couldn't it just as easily start tomorrow? If she was in the building, according to our friend, she walked or took public transit and broke into the building.

In any event, maybe the ink isn't dry on her contract and this discrepancy, worth $874 to the District, will be adjusted.

By the way, her Facebook page indicates she is well-regarded by 78 people, but backed the wrong horse, Larry Aceves, for State Superintendent of Schools. Tom Torlakson won. That can't be too good when she needs Tom to take a call from her on some Important School Matter.

One curiosity: when you click on her "Contact" information on her FB page, you get the dreaded 403 Forbidden error. Wonder why. http://www.achievementequity.com appears to have some access issues.

CUSD Appoints Old Hand Interim Superintendent: Litigation Magnet

CUSD announced Thursday night the appointment of Gloria Johnston as Interim Superintendent. She will be paid the same money as Terry Nichols was getting--according to his contract $196,650 per annum. Shockingly, she was a consultant to the headhunter hired by the District to conduct the search.

It's just like President George W. Bush hiring Dick Cheney to find the best-qualified person to be his vice-presidential nominee and Dick Cheney coming up with, well, Dick Cheney.

click to enlarge

The press release is reproduced below (the release is not on the CUSD website as this is written Thursday night).

NEWS RELEASE

The Claremont Unified School District Board of Education voted to appoint Dr. Gloria Johnston as their Interim Superintendent of Schools at their February 17, 2011, Board meeting. Dr. Johnston will begin her service on Monday, February 21, 2011, replacing Dr. Terry Nichols who will become Superintendent in Duarte.

Dr. Johnston has devoted over forty years to a career in education. Her years of service in pre-kindergarten through high school education included roles as a teacher, principal and central office administrator. She retired from public education after serving twelve years as the superintendent of schools for the Banning Unified School District and the West Contra Costa County Unified School District. She subsequently served as Dean of the School of Education at National University, a private, nonprofit institute of higher learning with headquarters in San Diego, California. Dr. Johnston has worked in urban, suburban and rural school districts in Illinois, California and Caracas, Venezuela. As a coach and mentor, Dr. Johnston facilitates meetings, provides professional development for principals, central office administrators, superintendents, and school boards. The current focus of her work is on systemic strategies that lead to improving student achievement and closing the achievement gap.

Throughout her career Gloria has been an invited speaker at state and at national professional conferences, served on state and national educational and research committees, and has been awarded major professional development grants. She is coauthor of three books, Eight at the Top: A View Inside Public Education, a collection of stories about the work of school district superintendents, Effective Superintendent-School board Practices: Strategies for Developing and Maintaining Good Relationships with Your Board, and The Superintendent's Planner: A Monthly Guide and Reflective Journal.

Dr. Johnston earned her Ph.D. in Public Policy Analysis from the University of Illinois at Chicago, her M.S. in Bilingual/Bicultural Education and her B.S. in Humanities (magna cum laude) from Northern Illinois University. She has been living in San Diego, California, close to her two children and three grandchildren; however, Gloria will be relocating to Claremont while serving as the Interim superintendent for Claremont Unified School District.

########

When Johnston was Sup. of the West Contra Costa District, one of her middle school students made national news. He was brutally beaten in a school locker-room by another student and an 18-year-old non-student. There was a video that got national notice, the school district was sued, and two years later settled for the usual--an "undisclosed amount".

* * *

The vote to approve her appointment was 4 to 1, Steven Llanusa dissenting. We guess he's still not satisfied with the Thursday meeting night and would rather have Monday. Maybe she will at least get another book out of this--in addition to the lavish salary. It might contain tips on the handling of difficult board members.