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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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ANTON JUNGHERRWCCUSD Alleged Violation of Brown ActApril 29,
2015
510.697.7212 [email protected]
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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ANTON JUNGHERRWCCUSD Alleged Violation of Brown ActApril 29,
2015
510.697.7212 [email protected]
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
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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)
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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
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ANTON JUNGHERRWCCUSD ALLEGED VIOLATION OF BROWN ACTAPRIL 29,
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--- ._-----_ ..._--_._--- - _. ---------
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ANTON JUNGHERRWCCUSD ALLEGED VIOLATION OF BROWN ACTAPRIL 29,
2015
EXHIBIT CMay 6, 2015 Letter to WCCUSD Board of Education
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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.
~;, : >. > , , - - - "'~" -.- ~
'. "". . - . ~.
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.
o SHOP NOWWhistieblower Service
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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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ANTON JUNGHERRWCCUSD ALLEGED VIOLATION OF BROWN ACTAPRIL 29,
2015
EXHIBITDMay 6,2015 Letter to WCCUSD Board of Education
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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"