Poway Superintendent Collins charged with 5 felonies

Ex-Poway Superintendent Is Facing Five Felony Charges

By Ashly McGlone

Voice of San Diego

August 7, 2017

 

John Collins is facing five felony charges for allegedly misusing public money, vacation, sick and leave time while superintendent of the Poway Unified School District, according to a complaint filed by the San Diego County district attorney’s office on Friday...

Collins enjoyed a close relationship with the teacher’s union during his tenure as superintendent, which was credited for helping to avoid a strike and layoffs during difficult economic times.

The district was thrust into the national spotlight in 2012 when news emerged about a costly $1 billion capital appreciation bond deal struck on Collins’ watch in 2011, and Collins faced criticism locally during his last year on the job for, among other things, edits made to a consultant report and so-called “me-too” clauses in Collins’ contract that allowed him to benefit from teacher and manager pay negotiations...



[Comments by me and Chris Brewster--and Charles Sellars:]

Chris Brewster

So Poway school board member Charles Sellers says the board offered to work out an "amicable solution" for his departure from the district and the repayment of the funds that he misappropriated. What responsible public entity endeavors to work out an amicable solution with someone who has misappropriated over $300k? This suggests to me a serious lack of judgment on the part of the school board, which is probably already evident in that they kept this individual employed for so long.

Maura Larkins

@Chris Brewster Litigation is very costly and time-consuming. All civil cases should be settled. When they're not settled, it means one or both parties is being unreasonable (unless there is a genuine uncertainty about the law applicable to the case). Clearly, in this case, Collins is being unreasonable, and he wants to do as much harm as he can to the school district.

Chris Brewster

Ms. Larkins: I agree that litigation can costly and time-consuming. I do not agree that all civil cases should be settled. Some, for example, are initiated to intimidate or for other inappropriate reasons. A good example is the civil case against Taylor Swift, which was recently tossed by a federal judge, but only after she contested it in court. Had she settled, she would have implied some degree of personal responsibility, which the judge found lacking. Settling to avoid court costs is a tactic that avoids costs, but can add insult to injury.
The suggestion of my post however is that the members of the school board who presided over the district during this individual's tenure were seriously negligent in allowing someone who has now been charged with felonies to engage in the alleged activities. Trying to mediate with someone you believe has stolen public funds is a fool's errand and even if successful, allows the person to retain some of the purloined public funds. One might suggest that something is better than nothing, but there is principle involved. For example, do you negotiate with someone who has robbed your bank and settle for half of the funds they stole?

Maura Larkins

@Chris Brewster
I would like to amend my comment to say,
"All civil cases should be settled or dropped (unless there is genuine uncertainty about the applicable law)."

Of course, dropping a case is a sort of settlement. In fact, frivolous lawsuits are sometimes settled in favor of the defendant when the plaintiff comes to his senses. Taylor Swift's case could have been settled in her favor, with the plaintiff apologizing to her and perhaps paying her legal fees.

The idea of settling for half the funds stolen might make sense if the money has already been spent and the defendant has no other resources. You can't get blood from a stone, but you can waste a lot of time and energy trying. But remember that it is also possible to settle for ALL the money and then some. Surely you'd approve of that????

I do not believe in the principle of draining a school district of money and people-hours and peace just out of revenge. The first duty of a school district is to the public, not the desire for revenge.

Maura Larkins

@Chris Brewster Also, it is ridiculous for you to pretend that Sellars has responsibility for keeping Collins employed so long. Sellars opposed Collins from the start. Sellars was elected in November 2014. In April 2015, VOSD reported on Sellars:
"John [Collins] and Candy [Smiley, president of Poway teachers] cut up the pie,” said school board member Charlie Sellers, who was elected in November. “The previous board simply rubber-stamped their action and this board is actually questioning their actions and they don’t like it.”
http://www.voiceofsandiego.org/topics/education/how-poway-unified-went-from-big-happy-family-to-family-feud/

Chris Brewster

Ms. Larkins: Could you kindly point out where in my remarks I suggested that Mr. Sellars has responsibility for keeping Mr. Collins employed for so long? I'm unable to find any such implication. As for your other point, I agree that the first duty of a school district is to the public, not the desire for revenge. The school board clearly made some terrible decisions here. The question is, once they determined this gentleman fleeced them, would the best option not be to turn the case over to the DA and ask that as part of the prosecution, the defendant be required to pay the school district back? Achieving an out of court settlement for half (of what they think he stole for example) is not, in my view, in the best interest of the school district or justice. It is Mr. Sellars who is quoted as believing the some mediated settlement would have been desirable. It is with that sentiment that I disagree for the reasons noted.

 

Maura Larkins

@Chris Brewster
If you tell me that you didn't intend to blame Sellars for keeping Collins employed, I believe you.

But let me explain how a logical reader would read your statements (although your final clause might not have accurately reflected what you wanted to say).

To start with, you mentioned Sellars by name, saying, "...Charles Sellers says the board offered to work out an "amicable solution" for his departure from the district and the repayment of the funds that he misappropriated."

You thus pointed out Charles Sellars as the one board member who took public responsibility for the effort to settle with Collins. We can assume that a majority of the board supported this effort, but we don't know who the other individuals were.

You then made clear that this effort by Charles Sellars and these other unknown individuals  demonstrated a lack of judgment: "What responsible public entity endeavors to work out an amicable solution with someone who has misappropriated over $300k? This suggests to me a serious lack of judgment..."

You then added another accusation against Sellars and the unknown individuals, "This suggests to me a serious lack of judgment, which is probably already evident in that they kept this individual employed for so long."

"They" obviously refers to Sellars and the unknown individuals.

I believe you if you didn't mean to implicate Sellars in keeping Collins employed so long. If you didn't mean to implicate him, I'd be interested to know that.

Maura Larkins

@Chris Brewster
Regarding your point that settlement is bad because the DA might want to get a judgment for ALL damages, I agree with your sentiment that the money should be paid back in full if Collins has the ability to pay.

But the man seems to be broke. In other words, he is judgment-proof.

You can't get blood from a stone. If he had turned over what he still had at the time of the settlement offer in return for the district waiving the rest of his debt, the students would be ahead.

I doubt Collins will ever pay a cent to Poway Unified.

Chris Brewster

Ms. Larkins: I know nothing about Mr. Sellars other than what I have read here (i.e. his quote). I think the action he supported was unwise and inappropriate. I think that if a public entity becomes aware that a person in their employ has acted unlawfully, they should turn the information over to the proper authorities. Full stop. I think this is a continuation of bad decisions by the board, Whether Mr. Sellars was involved in some or all of them is not something I am in a position to dissect. 

Maura Larkins

@Chris Brewster
Chris, you have every right to believe that the settlement offer was "unwise and inappropriate."
But you are wrong to deny that the new board with Mr. Sellars and Kimberly Beatty did an investigation and turned their results over to the proper authorities.
That's exactly what they did.
They also are suing Collins to get the money back. Are you saying that they shouldn't be suing Collins to get the money back?
We are talking about two separate things here: the criminal case and the civil suit.

And I must disagree with your insistence that "the board" continued the same kind of decision-making after Mr. Sellars and Kimberly Beatty were elected. There was a significant change. For some reason, perhaps a political reason, you don't want to give Sellars and Beatty credit for any change.

Charles Sellers

@Maura Larkins @Chris Brewster Ms. Larkins, thank you for your support it is much appreciated.  Mr. Brewster, what I meant by "amicable" was "mutually agreed".  While I cannot divulge the content of these negotiations, rest assured that our goal as a Board was always to minimize any damage caused to the District.  Sometimes that involves not throwing good money after bad.  While we strongly believe that Dr. Collins owes PUSD all these monies, if not more, there is no guarantee that a court will agree with us.  Even if it does, there is no guarantee that we will ever collect in full from Dr. Collins.  We simply attempted a settlement that would have yielded the most dollars in the least time.  However, Dr. Collins was simply not amenable to negotiation, much less compromise.  Perhaps if he had shown remorse for his actions, paid back what he could, resigned instead of having to be fired, settled instead of forcing us to sue him, he might not be facing jail and the loss of his pension, even though you (and many others) feel that is what he deserves.  I can't speak for the authorities.  We simply followed the law and turned over our findings.  The decisions to  criminally prosecute and strip him of his credentials were made by others.  I'm just saying that had he agreed to do what was best for Poway Unified, he may also have been doing what was best for himself.  While he had numerous opportunities to do just that, he always chose not to and only he can say why. Perhaps he will, in court. - - Charles Sellers, PUSD Trustee.

Chris Brewster

Mr. Sellars: Thanks for taking the time to reply. Much appreciated. My view is that if a public entity, such as yours, has reason to believe that crimes have been committed, that information should be turned over to the proper prosecutorial authorities and they should handle the case. If that was done expeditiously, it is not apparent to me from the stories I have read. 

 

 

Charles Sellers

@Chris Brewster When we fired Dr. Collins for cause in July of 2016, we immediately turned over the results of our forensic audit to both the District Attorney and the Commission on Teacher Credentialing, as required by law.  I can only assume that appeals with the CTC and negotiations with the DA are what took up the past year.  As they say, the wheels of justice turn slowly.

Chris Brewster

Mr. Sellars: Thank you for enlightening me and anyone else reading this thread. If the board expeditiously turned over the audit to the authorities noted, I clearly think that was the right thing to do.

Why Poway Unified Fired Its Superintendent

Superintendent John Collins and the Poway Unified Board got along very well with Poway Federations of Teachers and its president Candace Smiley, even when the district notoriously took on $1 billion dollars of debt in CAB bonds.

Why Poway Unified Fired Its Superintendent
 By Ashly McGlone

VOSD

July 11, 2016

The Poway Unified School District board believes former Superintendent John Collins, who was fired Sunday, took hundreds of thousands of dollars in unauthorized pay, according to dismissal charges obtained by Voice of San Diego and an audit report released by the district Monday.

According to the documents, Collins was also censured for filing litigation without the school board’s approval, and for interfering with the district’s investigation into his financial dealings.

The board could ask a court to force Collins to pay back as much as $345,000 – the amount forensic auditors flagged as unauthorized pay...

See more

North County Report includes intesting comments about CAB bonds and secretive lawyers

 UPDATE APRIL 9, 2016

Someone complained to Google about the following post, and Google decided to play around with my blog. They moved the post from my home page. So I'm republishing it.

Note to Google:

By the way, Google, who is it exactly that you're doing favors for? I think this is a pretty tame opinion piece. What exactly is it that you don't want the public to see?

Your move, Google. Remember your own motto: don't be evil.


 ORIGINAL POST:

"...Beatty voiced concerns with Shinoff’s work for San Ysidro schools and a recent unsuccessful attempt to get a restraining order against an outspoken Poway Unified resident WITHOUT THE BOARD'S KNOWLEDGE" (emphasis added).

-- from North County Report by Ruarri Serpa, Voice of San Diego April 6, 2016

Maura Larkins' comment:

I applaud Kimberly Beatty's efforts to have the Poway Unified School Board take more responsibility for the district's actions in court.
 
But Ms. Beatty has her work cut out for her if she thinks she's going to be able to get the board to deal with issues that it has traditionally let lawyers deal with.

There's a reason that school lawyers take action without consulting the board. It's the way things are done in most districts. It helps incumbent board members avoid controversial issues. And Beatty might have the courage to deal with hot-button issues, but I think she'll find that most of her fellows on the board will want to leave things as they are.

Sure, the board might decide to discontinue its relationship with Stutz Artiano Shinoff & Holtz law firm. But will the board want to change the way legal business is normally handled?
School board members regularly set up firewalls so they can claim they know nothing about what the lawyers are doing. If Beatty is talking about the Chris Garnier case, then the board can hardly claim ignorance of what was going on. Perhaps Dan Shinoff didn't consult with them ahead of time, and ask for an official decision about how to proceed, but the board must have heard about the case since it was covered in the San Diego Union-Tribune and on Channel 10 News.

If the board had a policy of having school lawyers consult with them before filing any request for a TRO, we would have heard board members howling about the breach of protocol at the very next board meeting. Instead, the board maintained silence through months of news stories. During that time, the board must have been approving payments to Stutz law firm.

Many people know that I've had my problems with school attorneys, but it has become clear to me that legal problems are not entirely the fault of the attorneys.

Attorneys are hired first and foremost to protect school officials, not to protect the public interest. Attorneys are expected to do what needs to be done so the district can present a calm, happy face to the world, and the incumbents can be reelected when it comes time to vote.

We seem to have unique ethics rules for lawyers.

For example, most people would agree that an elected official is supposed to act in the interest of the public that elected him and pays his salary. But this apparently does not apply to the elected City Attorney of San Diego. Remember when San Diego went into paroxysms of outrage when City Attorney Mike Aguirre claimed that his job was to act in the public's interest in regard to the big pension scandal? Even the California Bar Association said that public entity attorneys represent the officials, not the public. Of course, the Bar Association's goal is to advance the careers of attorneys. I do not believe that any court has actually ruled on this question.)

The system is set up to protect board members from responsibility for their lawyers' actions. This set-up ensures that board members have plausible deniability if the district ends up in court. Board members can plead ignorance. In addition, school attorneys fight tooth and nail to keep board members off the witness stand. So when you go to the voting booth in school board elections, you're going to have to choose between incombents who have absolutely nothing to say about the district's legal problems and challengers who are also ignorant of what goes on behind the scenes.

So how does a school district communicate with lawyers on a day-to-day basis? You might think that the superintendent steps in and takes responsibility for communications with the district's legal counsel. Nope, not the superintendent, at least not in my experience at Chula Vista Elementary School District or in many districts I've read about.

Who is the district's contact person for the lawyers? Usually, it's the Human Resources Director. And does the HR director tell the attorneys what to do? Heavens no. The attorneys instruct the HR director.

(I did see an exception to this rule in Grossmont Union High School District in around 2008 when board members Priscilla Schreiber and Larry Urdahl challenged the status quo and asked questions openly in board meetings about what was going on with the lawyers. At that time Superintendent Terry Ryan revealed that Shinoff had a verbal agreement with SDCOE rather than a written one.)

It is clear to me that many elected officials and superintendents intentionally abdicate responsibility.

Why? I think they like not having to think about pesky problems like lawsuits. I guess you'd call that laziness. And they don't want the voters to hold them responsible for what goes on in schools. They think that if they keep problems covered up, they will be reelected.

And they are almost always right about that.

North County Report includes intesting comments about CAB bonds and secretive lawyers

......Beatty voiced concerns with Shinoff’s work for San Ysidro schools and a recent unsuccessful attempt to get a restraining order against an outspoken Poway Unified resident WITHOUT THE BOARD'S KNOWLEDGE" (emphasis added).

-- from North County Report by Ruarri Serpa, Voice of San Diego April 6, 2016

Maura Larkins' comment:

I applaud Kimberly Beatty's efforts to have the Poway Unified School Board take more responsibility for the district's actions in court.
 
But Ms. Beatty has her work cut out for her if she thinks she's going to be able to get the board to deal with issues that it has traditionally let lawyers deal with.

There's a reason that school lawyers take action without consulting the board. It's the way things are done in most districts. It helps incumbent board members avoid controversial issues. And Beatty might have the courage to deal with hot-button issues, but I think she'll find that most of her fellows on the board will want to leave things as they are.

Sure, the board might decide to discontinue its relationship with Stutz Artiano Shinoff & Holtz law firm. But will the board want to change the way legal business is normally handled?
School board members regularly set up firewalls so they can claim they know nothing about what the lawyers are doing. If Beatty is talking about the Chris Garnier case, then the board can hardly claim ignorance of what was going on. Perhaps Dan Shinoff didn't consult with them ahead of time, and ask for an official decision about how to proceed, but the board must have heard about the case since it was covered in the San Diego Union-Tribune and on Channel 10 News.

If the board had a policy of having school lawyers consult with them before filing any request for a TRO, we would have heard board members howling about the breach of protocol at the very next board meeting. Instead, the board maintained silence through months of news stories. During that time, the board must have been approving payments to Stutz law firm.

Many people know that I've had my problems with school attorneys, but it has become clear to me that legal problems are not entirely the fault of the attorneys.

Attorneys are hired first and foremost to protect school officials, not to protect the public interest. Attorneys are expected to do what needs to be done so the district can present a calm, happy face to the world, and the incumbents can be reelected when it comes time to vote.

We seem to have unique ethics rules for lawyers.

For example, most people would agree that an elected official is supposed to act in the interest of the public that elected him and pays his salary. But this apparently does not apply to the elected City Attorney of San Diego. Remember when San Diego went into paroxysms of outrage when City Attorney Mike Aguirre claimed that his job was to act in the public's interest in regard to the big pension scandal? Even the California Bar Association said that public entity attorneys represent the officials, not the public. Of course, the Bar Association's goal is to advance the careers of attorneys. I do not believe that any court has actually ruled on this question.)

The system is set up to protect board members from responsibility for their lawyers' actions. This set-up ensures that board members have plausible deniability if the district ends up in court. Board members can plead ignorance. In addition, school attorneys fight tooth and nail to keep board members off the witness stand. So when you go to the voting booth in school board elections, you're going to have to choose between incombents who have absolutely nothing to say about the district's legal problems and challengers who are also ignorant of what goes on behind the scenes.

So how does a school district communicate with lawyers on a day-to-day basis? You might think that the superintendent steps in and takes responsibility for communications with the district's legal counsel. Nope, not the superintendent, at least not in my experience at Chula Vista Elementary School District or in many districts I've read about.

Who is the district's contact person for the lawyers? Usually, it's the Human Resources Director. And does the HR director tell the attorneys what to do? Heavens no. The attorneys instruct the HR director.

(I did see an exception to this rule in Grossmont Union High School District in around 2008 when board members Priscilla Schreiber and Larry Urdahl challenged the status quo and asked questions openly in board meetings about what was going on with the lawyers. At that time Superintendent Terry Ryan revealed that Shinoff had a verbal agreement with SDCOE rather than a written one.)

It is clear to me that many elected officials and superintendents intentionally abdicate responsibility.

Why? I think they like not having to think about pesky problems like lawsuits. I guess you'd call that laziness. And they don't want the voters to hold them responsible for what goes on in schools. They think that if they keep problems covered up, they will be reelected.

And they are almost always right about that.

Superintendent John Collins sanitizes devastating report about Poway Unified School District

 Poway isn't the only school district where secrecy protects incompetence and bad behavior. All school districts need a heavy dose of sunshine.

Morning Report: Report Sanitized for Poway’s Protection
By Randy Dotinga 
VOSD
Aug 31, 2015

Turns out a tough analysis of dysfunctional management at Poway Unified School District that we got after a public records battle was a lot tougher before we got it.

Superintendent John Collins decided to take a red pen to a $40,000 consultant’s report about district tech problems.

VOSD’s Ashly McGlone uncovered the superintendent’s significant edits, but only after we threatened the district with litigation. As she reports, “words like ‘arrogance’ were replaced with ‘overconfidence.’ ‘Dysfunction’ became ‘issues.’ ‘Extreme and even chaotic’ decision-making became just ‘problematic’ and ‘reckless and wasteful decision-making’ became ‘uncontrolled and inefficient,’ while other descriptors like ‘short-sighted’ and longer passages were scrubbed entirely, district records show.”

The superintendent’s told us this about the report: “The result has helped us to celebrate the outstanding work we do and formulate new goals and organizational structures to continuously improve upon our successes.”

A tech staffer went to a meeting with Collins and said the chief wanted to avoid “calling anybody out for the problems that were discovered.”

Poway deja-vu? Kinloch, Missouri emulates our own Poway Unified School District by refusing to honor election results

One of the hallmarks of our democracy is the ability to honor election results.

That basic principle of democracy was recently violated by Poway Unified School District in a government-mandated election for school site council. Parent Chris Garnier won, but Principal Mary Jo Thomas arbitrarily overturned the election results and held a new election with new rules.

Chris Garnier

In the Chris Garnier case, the Principal Mary Jo Thomas had decided against hiring Mr. Garnier as a lunch supervisor at Painted Rock Elementary.  That decision was perfectly defensible, but the principal went too far when she overturned Mr. Garnier's election to site council.

When Ms. Thomas wants to change the rules of an election, she needs to make sure the proper steps are followed, and that the changes are made BEFORE THE ELECTION IS HELD.  If she wants to overturn the results of an election that has already taken place, she needs to ask the site council to do a thorough, transparent investigation and then take a vote.  A school site council is answerable to the public.  It's not a private, members-only, club. 

Thomas should not have behaved like the outgoing administration in Kinloch, Missouri that locked the newly-elected mayor out of city hall.

Although the mayor-elect in Kinloch, Missouri is African-American, race is not the issue in Kinloch since her opponent, Darren Small, is also black.

However, the situation in Poway is more worrisome in regard to the race issue. Chris Garnier is an African-American in an overwhelmingly white, conservative area.

Voice of San Diego failed to see the problem with too much collegiality between the teachers union and Poway Unified

Was the first warning that something was wrong in Poway a May 2012 article by VOSD's Andrew Donohue?

In May 2012 Voice of San Diego presented an idyllic image of the Poway Federation of Teachers in a story about PFT President Candy Smiley.  Editor Andrew Donohue gushed about "the unique lesson Poway has to teach."

Three months later Voice of San Diego did an excellent job explaining Poway Unified's CAB scandal (the capital appreciation bond deal exposed by Joel Thurtell) but VOSD never connected the bond deal to excessive collaboration between Candy Smiley and the district.

I gave information to Voice of San Diego showing that both teacher union officials and school officials have been shirking their duties as they have formed over-friendly relationships with each other. Individuals on both sides have advanced their own personal agendas at the expense of the students and teachers they are paid to serve.  In November 2012 I warned about the dangers of too much collegiality between teacher unions and school districts.

Now, three years later, Voice of San Diego has finally decided that there's a problem:

 How Poway Unified Went from Big Happy Family to Family Feud
Ashly McGlone

April 20, 2015

For years, Poway Unified School District has existed as a kind of educational Never-Neverland: a place where school officials and the teachers union sailed through negotiations, brokering amicable deals that – for the most part – left both sides content even in tough times.

But that all seems to be unraveling.

It turns out that Poway’s successes occurred while the district and teacher’s union were breaking labor laws that require public notice of their contract talks. Now other labor unions are mad, and new school board members – elected to provide more oversight in the wake of a bond-deal blowup – are seeking change.

At the center of the dispute is Superintendent John Collins and the president of the Poway Federation of Teachers, Candy Smiley.

“John and Candy cut up the pie,” said school board member Charlie Sellers, who was elected in November. “The previous board simply rubber-stamped their action and this board is actually questioning their actions and they don’t like it.”...

VOSD has certainly changed its tune.  It is no longer talking about the "unique lesson that Poway has to teach." The relationship that Andrew Donohue wanted other districts to emulate now seems rather ominous: "Over the last two decades, though, the union and district have forged an uncommonly collaborative bond that started with trust on the budget and has now gone far beyond."

Yes, they were collaborative all the way to a huge scandal about CAB school bonds.

I don't believe that the Poway school board would have been able to pull of the CAB stunt without the blessing of the teachers union.

When there's too much "collegiality" among the people who run schools, different points of view don't get aired. Decisions are made behind closed doors. All the public ever sees is the smiling faces of the people who get along so very well together.

P.S.  I'm waiting for Voice of San Diego to formally announce a big change in its no-anonymous-comments policy.  The policy was suspended in February, when VOSD decided to disconnect links to all commenter profiles.  The explanation given for this decision was that some commenter profiles had been accidentally disconnected due to the launch of the new website.  It's a wonder that VOSD has not been able to reconnect the links over the past two months.  

If student hackers are "depraved," then Poway Unified School District is deeply depraved

This post was first published in May 2008.

I am republishing it in the light of the 2015 convictions of black teachers in Altanta for cheating on standardized student tests.

Apparently Atlanta is a lot like San Diego. 

When illegal activity happens in a school, local officials handle the issue in two very different ways. When the wrongdoer is an adult with political connections, taxpayer money is poured into that person's defense, and the schools go into cover-up mode. On the other hand, if the wrongdoer has no political connections, the school goes after him or her with a vengeance. The justice system stands ready to support schools and other public entities. You're fighting an uphill battle when you want justice from a pubic entity. See series of posts about shenanigans in Poway.  

There was an amazing case at Guajome Park Academy where teachers improperly changed grades, but instead of censuring the teacherd, the school sued a whistle-blower kid who hacked the school computer to prove the wrongdoing.
 
See also my comparison of the Atlanta cheating scandal and the bizarre color-coordinated indictments of school officials in San Diego.
ORIGINAL MAY 2008 POST:

I've learned a lot about dishonesty among San Diego County school officials over the past seven years.

I've been amazed and astounded by it.

However, I never thought of using the word "depraved" to describe Poway Unified School District. I'm thinking about it now. To start with, I will say this: if students who cheated on tests and changed grades are "depraved," then PUSD is definitely deeply depraved.

The San Diego Union Tribune reports that Assistant Principal Keith Koelzer says that the current cheating scandal at Rancho Bernardo High School is "unique in its depth of complexity and depravity."

PUSD has taken $100,000s of taxpayer dollars from education and used it to protect the arbitrary power of individuals in power. For example, at the same time that they are saying that Tyler Chase Harper can't wear an anti-gay T-shirt, they are appealing a court decision that they should pay $300,000 to two gay students whose harassment was ignored and permitted by PUSD.

Which is it, PUSD? Do you think gay students should be protected or not?

Poway has paid far more than $300,000 to fight this case: Donovan and Ramelli v. Poway Unified School District.

It would have been better to give the money to the students, or, better yet, to have protected the students and used the money for education.

But is PUSD depraved?

Encarta dictionary says depraved means "showing great moral corruption or wickedness."

Well, then, yes;  PUSD is depraved. But the students? I think they're too young to earn that title. We can't excuse PUSD on the basis of youthful hijinks.



RBHS assistant principal on hacking case: 'Unique in its depth of ... depravity'
By J. Harry Jones
UNION-TRIBUNE STAFF WRITER
May 1, 2008

RANCHO BERNARDO – An assistant principal revealed details of a cheating scandal uncovered at Rancho Bernardo High School, and his reaction to the decline of morality among some students, in an emotional memo to teachers.

“Our (worst) technological nightmare has just occurred,” Assistant Principal Keith Koelzer wrote. “At this point, we have identified 8 students (with varying degrees of involvement) who hacked into our school network, downloaded several teacher's files on the flashdrives, distributed tests to students days before they were administered and altered grades on student transcripts. The eight students are all Advanced Placement students, they are all smart, but they have no wisdom. “This case is unique in its depth of complexity and depravity.”
Koelzer sent the memo Saturday to teachers and other staff members by e-mail, the day after the scandal was uncovered. The San Diego Union-Tribune requested the memo, and the Poway Unified School District released it Thursday, with small parts of it redacted.
Until now, school officials have released few details about the ongoing investigation.
“On Friday, one student went into incredible detail of his movements in this deceit over the past two months,” Koelzer said in the memo. “After listening, I turned to his mother and asked, 'What do you think of this kind of morality?' The mother replied, 'I am not a mother anymore.' I asked the same question to the boy's father and he responded, 'This is not the morality of my ancestors.'”
Koelzer wrote that the pressure to get into a good college “has overly consumed one of our students. He described to his father and me how his transcripts were altered and personally delivered them to a college. As the student talked, I watched his father's face and I could see his 18-year dream of his child's UC education disappear.”
The names, ages and grade levels of the students have not been released.
“We must honor the due process of these students,” Koelzer said. “The stakes cannot be any higher for these students. They are staring at expulsion, questioning by police, questioning by our district technicians, (a) potential lawsuit by the district” and a rescinding of college offers.
On Monday, district Superintendent Donald Phillips said six students have been suspended while the investigation continues. Principal Paul Robinson said the police are aware of what has happened but are awaiting the results of the school investigation before proceeding..

Poway Unified overturns election, seeks restraining order against parent who won seat on site council

In the movie ELECTION a poster turns up missing from a school hallway, triggering angry recriminations.  In Poway Unified, a principal overturned a school site council election because a candidate passed out donuts.  (Interestingly, nobody in the movie thought it was a problem when Tracy Flick provided cupcakes to voters.)  

Of course, I don't think that many people actually believe that the Poway situation is really about donuts.

This post is mainly about schools trying to get rid of parents who raise their voices at school. But I was struck with the irony of another story in the news at this time: about a teacher who allegedly "yelled" at students. The school didn't try to get rid of the teacher, but the students did. See last story below. 

 It's too bad that so many adults in schools rely on their raw power rather than on professionalism. They need to stop acting like very bad children.  

UPDATE SAT. JAN. 10, 2015  Court issues tentative ruling upholding restraining order against parent.  Hearing will continue in the coming week.

Poway Unified limits parent's speech
Pat Maio
UTSD
Jan. 9, 2015

A Superior Court judge in San Diego sided with the Poway Unified School District on Friday in part of its lawsuit against a volunteer parent, finding the man's remarks about school officials aren't protected by the First Amendment.

Poway Unified wants to block the parent, Chris Garnier, from volunteering at Painted Rock Elementary School where his children attend classes. 

In October, the district obtained a temporary restraining order against Garnier and filed a "strategic lawsuit against public participation" - or SLAPP action - seeking to keep him from lambasting school officials. Garnier filed an anti-SLAPP motion, arguing the district was trying to violate his right to free speech. 

San Diego Superior Court Judge Tamila E. Ipema rejected that claim Friday, attorneys for both sides said. 

"I'm flabbergasted," said Genevieve Suzuki, the lawyer representing Garnier. "The decision is a real concern facing any parent who has harsh or critical words to say about the school administration. If you speak loudly or say things that they don't find palatable, they could seek a restraining order against you." 

A two-day hearing will be held Jan. 15 and Jan. 20 on the second part of the case - whether to make the restraining order permanent.

A permanent order, said Suzuki and Poway Unified attorney William Shinoff, would prohibit the 36-year old Garnier from coming to the campus for any reason..

Here is my comment:

Maura Larkins

Well, emotions are certainly at peak level in Poway Unified--or at least I hope this is the peak. I trust that things will start cooling down from now on. I want to believe that Bill Wisniewski didn't really mean what he said in his comment, "YOU ARE NOT READY FOR POLITICS AND I BELIEVE THAT MOST OF US PTSD MARINE COMBAT VETS SHOULD NOT ENGAGE IN POLITICAL ACTIVITY."

Seriously, Bill?

I could understand if you argued that three tours in Afghanistan is not the best training for lunch duty at an elementary school, but you are demanding, in capital letters, that a returning veteran stay out of politics!!!!

And you are claiming that Mr. Garnier has "severe PTSD"! Severe? When he has a successful marriage and is working on an advanced degree in education, dresses well and is highly articulate? I think you're getting Chris mixed up with guys who are more severely damaged by war. Senator John McCain, a former POW in Vietnam, is known for flying off the handle. Do you think he should stay out of politics? Should the government overturn his election?

I don't believe that the principal's decision to pass over Mr. Garnier for the lunch duty position was based on racism, but I am not so sure that racism didn't play a role in overturning his election to site council, and in seeking a restraining order against him.

I am concerned about what the superintendent and board of Poway Unified are teaching students about how our democracy works.

Bill Wisniewski · Top Commenter · Writer at U.S. Department of Veterans Affairs

HEY CHRIS . SEMPER FI. CHRIS PLEASE BELIEVE ME THAT YOU SUFFER FROM SEVERE PTSD. I AM ONE OF THE VIET NAM PTSD POSTER BOYS. I WAS A POMONA HIPPY DRAFTED INTO USMC DURING THE BATTLE OF HUE AND DEPLOYED TO FOXTROT RIDGE IN LATE 68. WITH ALL DUE RESPECT CHRIS, YOU ARE NOT READY FOR POLITICS AND I BELIEVE THAT MOST OF US PTSD MARINE COMBAT VETS SHOULD NOT ENGAGE IN POLITICAL ACTIVITY UNLESS IT IS PURELY DEFENSIVE. BUT WE ALL KNOW THAT ONCE WE ENGAGE ... WELL YOU KNOW THE REST. THE OTHER THING CHRIS IS THAT THE SPIRIT CORPS THINKS YOU ARE SKATING ON THIN ICE RE. KEEPING OUR HONOR CLEAN. ("12 CONFIRMED KILLS")

UPDATE: Poway Unified might want to consider the case of a Vermont parent who was awarded $147,000 when a school district barred him from meetings, claiming that some staff members were afraid of him.  My guess is that they were afraid of what he would say, not what he would do.  See second story below.

ORIGINAL POST

In the school where I worked in Chula Vista, the administration used many tricks to control who was on the site council--including appointing members rather than electing them.  Also, administrators in my district made false and bizarre allegations.  It's rather remarkable that schools so often simply ignore the education code and other laws.

My inclination is to believe that Poway Unified is simply bullying the parent in the following story. 

School tries to ban parent volunteer

By Pat Maio

UT San Diego

 Jan. 4, 2015

POWAY — The Poway Unified School District has filed a lawsuit against a Painted Rock Elementary School parent, seeking to block him from volunteering at the campus and making remarks about school officials.

The action - called a "strategic lawsuit against public participation," or SLAPP - is unusual, officials acknowledge. The defendant, Chris Garnier, says it's rooted in racism and violates his right to free speech. 

In court filings, the district says Garnier, a former Marine and wounded war veteran, has made verbal threats against school employees, including Principal Mary Jo Thomas, and has exhibited menacing behavior, such as pounding on car windows to get the attention of other parents, and disrupting a Sept. 23 community forum at Rancho Bernardo High School.

Garnier, 36, denies threatening anyone and says the mostly white district is trying to ban him from the school because he is an African-American and has criticized decisions made by Thomas. He said he volunteered at the campus for two years without problems until she arrived.

"I just want our family to be treated like everyone else, not like second-class citizens," said Garnier.

Part of his dispute with the district centers around his election in October to Painted Rock's school site council, a parent-teacher group that helps make decisions about campus programs and spending.

The principal overturned the election, citing technical difficulties, according to court documents. A second election was held in which parents had to show a photo ID when they cast their ballots. Garnier didn't win...

"I have not done any of this stuff -absolutely not," he said. "If I had done this, the police would have come to my house and arrested me."...

Garnier's defense attorney, Genevieve Suzuki, characterized the use of the photo ID in the second election as akin to unfair requirements that led to the Voting Rights Act of 1964, a civil rights law that outlawed discrimination based on race, color, religion, sex or national origin...

See more HERE. 

Vermont school district that barred parent to pay $147,500

Jan. 6, 2015

BENSON, Vt. (AP) — A Vermont school district that barred a parent from meetings because some staff members were afraid of him has agreed to pay $147,500.

Attorneys negotiated the settlement between the Addison Rutland Supervisory Union and Marcel Cyr after a federal judge ruled Cyr had been discriminated against. Cyr had been critical of the education provided his child at the Benson Village School.

"We're talking about a guy who was worried about his kid's education and was trying to bring attention to what he thought the problems were and he was told he couldn't come to the meetings," said Allen Gilbert of the Vermont Chapter of the American Civil Liberties Union. "Basic rights were taken away. Schools need really good reasons to serve no-trespass orders. This case is a win for everyone who cares for education, democracy and how public policy is done."

No-trespass orders were served against Cyr in September 2011 and March 2012 after school officials said they feared for their safety, in part because of Cyr's loud voice and sometimes harsh comments about the education his son was receiving.

Cyr's family had lived in Benson, but they have since moved elsewhere.

Superintendent Ron Ryan tells the Rutland Herald (http://bit.ly/13WimHN ) that he would rather lose a lawsuit than risk the safety of teachers, school staff, students and parents.

"From this point forward, I guess if we suspect someone is being unruly, we'll hire a law enforcement officer to stand guard," he said. "It could be expensive, but that's what we have to do."



Maura Larkins' comment:  Are there enough adults in schools who solve problems by talking and listening?  Who will teach these girls a better way to solve problems?  Let's hope they don't grow up to be mean teachers who lash out at children and adults who don't behave exactly as demanded!

4th Graders Plotted to Kill Teacher with Hand Sanitizer

By Maria Mercedes Lara

People Magazne

01/11/2015 

 

Three fourth-grade elementary school girls from Elba, New York, have been accused of plotting to kill their teacher with hand sanitizer.

The students allegedly plotted to put the substance on items they knew their teacher would touch after they learned that she was severely allergic to antibacterial sanitizer. The girls reportedly told their classmates that they were going to "kill" their teacher.

Asked why they wanted to harm their teacher, the students reportedly told youth officers from Genesee County Sheriff's Department that the teacher "yells" at the students and that "the class has problems with her."

The children were unable to carry out their attack on their teacher after another student not directly involved in the scheme reported it to his mother.

While the girls won't face any legal repercussions for their plan, they were reportedly suspended, and the Sheriff's Department handed the case over to the Elba Central School District.

Although the district could not provide details on the plot because of the Family Educational Rights and Privacy Act, it did confirm reports of the planned attack and said that "it is important to note that no one was injured or actually placed in harm's way."

"The District does not condone any of the behaviors that have been reported and is in the process of working alongside the Sheriff's Department to use this incident as a vehicle for educating the District's students regarding appropriate behaviors," said a statement..

Was the first warning that something was wrong in Poway a May 2012 article by VOSD's Andrew Donohue?

See Update April 2015

Photo by Sam Hodgson

Why exactly was Poway Federation of Teachers President Candy Smiley (left) so happy in this picture?

A few months after this picture was taken, it was revealed that all three Poway Unified board members endorsed by Smiley's organization had voted to sell bonds that would force a future generation to pay a billion dollars in interest for a $126 million loan.

Voice of San Diego editor Andrew Donohue wrote an interesting article last May about "the unique lesson Poway has to teach."

Donohue noted, "Over the last two decades, though, the union and district have forged an uncommonly collaborative bond that started with trust on the budget and has now gone far beyond."

Yes, they were collaborative all the way to a huge scandal about CAB school bonds.

I don't believe that the board would have been able to pull of the CAB stunt without the blessing of the teachers union.

When there's too much "collegiality" among the people who run schools, different points of view don't get aired. Decisions are made behind closed doors. All the public ever sees is the smiling faces of the people who get along so very well together.

School boards work hard to present an image of peace and joy, but that's often the signal that the rest of us should start worrying.

I did more research and found a strong link between the Republican Party and the five Poway school board members who created the CAB bond deal.

Linda Vanderveen, Andy Patapow and Marc Davis openly claim Republican credentials. I couldn't find a party affiliation for Penny Ranftle or Todd Gutschow, but they both received the endorsement of Republican Poway Mayor Don Higginson. It seems that ALL the board members either were Republicans or managed to make themselves acceptable to Republicans.

Interestingly, Marc Davis got the approval of the Poway Federation of Teachers as well as the Republican Party. Penny Ranftle and Todd Gutschow also were endorsed by Poway Federation of Teachers.

Clearly, the bond deal was designed to please Republican constituents who insisted on no new taxes. Todd Gutschow made clear that this demand by constituents was what pushed the board into designing the unusual bond deal.

On November 6, 2012 voters threw out Vanderveen, and likely would have thrown out Patapow if there had been another challenger. Patapow squeaked ahead of Vanderveen by 2032 votes out of about 50,000. Voters replaced Vanderveen with a Democrat, Kimberley Beatty.


Where the Teachers Union and District Love Each Other
May 9, 2012 | Updated: Aug 3, 2012
By ANDREW DONOHUE
Voice of San Diego

When Candy Smiley talks about the school district, the pronoun she uses subtly belies the unique lesson Poway has to teach.

"We," she says over and over again.

"We didn't spend the $6 million from the feds. We can't control the state budget," she says. "When we got the money, we could've hired teachers. We decided collectively not to, that we would save it so that we could ensure that teacher salaries would return."

Smiley leads the union for teachers at Poway Unified School District. Further south, things aren't so friendly. The San Diego Unified School District has repeatedly made end-of-days financial warnings, only to find a way to put off painful cuts at the last second. Meanwhile, union leaders have engaged in a full-throated campaign to discredit the district's numbers and the people that produce them. Nobody trusts the numbers; nobody trusts each other.

Things used to be like this in Poway, too.

Over the last two decades, though, the union and district have forged an uncommonly collaborative bond that started with trust on the budget and has now gone far beyond. Upheaval in the leadership of the San Diego teachers union has led to a pledge of greater unity with the district. Meanwhile, the district has continued to plead with the union to at least sit down and start negotiating a solution to a fiscal crisis that looks likely to put hundreds of teachers out of a job.

If both the district and its teachers are serious about repairing their relationship, then Poway is as good a place as any for them to study.

I originally interviewed Smiley and Poway Superintendent John Collins for a story we did on the revolution happening in teacher evaluation, but Poway's tale didn't fit directly into the story.

Still, I learned a lot from our conversation and many of you have asked for more reporting highlighting solutions being used by other communities.

So here are four takeaways from my research:

• How They Came to Trust Each Other

The way Collins and Smiley describe it, Poway once struggled with many of the same problems other local school districts have today. The district and its unions argued over money. The budgets weren't transparent. Nobody trusted each other.

But about a decade and a half ago, things changed. A new superintendent came aboard. The union president wanted to throw out the emotions and just get down to the data. So, the district and the union sat down and went through the budget line by line. They no longer argued about what the problems were, but rather simply how to solve the problems.

From Smiley:

Once you start talking about the data, you start building a trusting relationship.

Everybody grew to understand the budget in a very honest, transparent way. It wasn't "he said, she said." That is the way we have been doing our business ever since. Today, the two groups still sit down together in a room five times a year to do this. The budget is color-coded to show everyone what's gone up and down. For every question the union has, the administration has an answer and documentation to back it up.

In San Diego Unified, the district has offered to bring the union in and go line by line through the budget. So far, the union hasn't taken them up on the offer.

The union argues that the district has a history of miscommunication when it comes to its budget. And it has a point. District officials admit that for years, their budget was in disarray, and that incorrect information was often given out.

But the same officials say that confusion is a thing of the past. District Deputy Superintendent of Business Operations Phil Stover says confidently that he knows where every penny in the district is being spent. All the union has to do is ask, he says, and he can lay it all out.

In Poway, that’s already happening.

Smiley again:

We can ask any question we want and I have complete confidence that I will get a straight answer and there will be back-up documentation.

Pretty soon, you just start building a trust. And when they are honest with me we are honest with them.

I feel very responsible for this relationship that was built before I arrived.

Says Collins:

Over the years what that's resulted is a relationship with the union that's based in trust and open and honest communication. Everything's on the table. All our records are available.

We've already agreed on what the facts are and then we focus on solving the problem.

Instead of arguing we don't want to do this, it was, what are we going to do to keep the district from going bankrupt.

Collins and Smiley even issue joint communications to employees and management. • What That Means Practically for District Finances

In Poway, teachers have taken a 4.3 percent salary rollback and the district has offered early retirement to avoid layoffs. Not out of the ordinary. Other places, like San Diego Unified, have also made similar moves.

However, the rollbacks expire this year and the two sides say the district can handle the increased costs. They decided not to spend one-time money from the federal government immediately after receiving it, instead putting it in a reserve. And they're already talking about renegotiating if everything doesn’t pan out.

"They agreed if things get worse we'll be back at the table," Collins said.

• One Reason Behind the Relationship

Poway teachers are a rare breed in San Diego County.

They're part of the American Federation of Teachers, one of two big umbrella teachers unions in the country. Most teachers across the region, and those in San Diego, belong to the National Education Association.

As New York Times columnist Nicholas Kristof has written about, AFT leader Randi Weingarten has been pushing for unions to be actively participating in school reforms.

"I know the AFT has been very progressive," Collins said.

• What That Means for Everything Else

Now, back to the reason I interviewed Smiley and Collins to begin with.

There's a revolution happening right now in how data is used to evaluate teachers and push accountability. It's very controversial, and San Diego Unified isn't having any of it.

Big districts across the country, though, have been.

So I wanted to know if Poway's considering the use of sophisticated data to measure teacher performance.

Their answer: The two sides are in the early stages of meeting and talking about this very thing.

The Poway Federation of Teachers has surveyed its members. They recently had an all-day meeting about assessments with teacher union representatives from every school, every principal, the superintendent, his cabinet and four of the five school board members.

Smiley says evaluation needs to go beyond just test scores. There needs to be multiple measures.

"I'm confident that we will be building our own evaluation tool and we'll decide if we use test scores," she said. "We hope we'll be designing this — rather than having someone else design it for us."

Collins, not surprisingly, agreed.

"We're going to try to get some models in before we get told how to do it. We're hoping we can show the state a better model," he said.

Disclaimer: I'm not an expert in Poway education. This piece is based off of two interviews and a tip I'd received. If you think it's off base or there's something I'm missing, comment on this story or email me. I'm the editor of VOSD and you can reach me at andrew.donohue@voiceofsandiego.org or 619.325.0526.


[Maura Larkins comment: In fact, over a period of years I repeatedly told Andrew Donohue that VOSD was ignoring corruption in our county schools. His response was to refuse to publish important stories. Scott Lewis backed him up. I suspect that Buzz Woolley and Irwin Jacobs' deep pockets are responsible for VOSD's kid-gloved handling of school issues.

In Poway, as in most school districts, the pendulum keeps swinging back and forth

In Poway, two wrongs don't make a right
Mark Schaeffer
Voice of San Diego opinion
Nov 8, 2012

I attended Midland, Twin Peaks, and Poway High schools for much of my K-12 years. When in high school, the school board fired the superintendent, alleging cover-ups in the construction as one of several points. Following this, those board members voting to fire were subject to a recall election.

Then, a custodian of my acquaintance claimed the Mount Carmel auditorium was problematic. I do remember being on-stage for a holiday concert in 1977, wondering what would happen (thankfully, nothing).

When renovation work started, a manager said (I paraphrase), either the original work had no inspectors, or they should be imprisoned.

"Two wrongs do not make a right" should apply here.

Meet the Players Who Shaped Poway Schools' Bond Deals

I'm also curious about the identities of the lucky dogs who BOUGHT these bonds, and whether they have links to the people in this article. Heaven forbid that they might BE some of the same people in this article.

Meet the Players Who Shaped Poway Schools' Bond Deals
In August, dozens of residents showed up to a Poway Unified school board meeting to voice their concern over the district’s controversial bond program.
Oct 9, 2012
By SANDY CORONILLA
Voice of San Diego

Over the last few weeks, we’ve learned a lot about the Poway Unified School District’s controversial bond deals. We’ve learned they will saddle future residents with more than $1 billion worth of debt. We know the district squeezed $21 million in extra up-front cash to pay attorney’s fees and other costs associated with the bonds. But what we haven’t focused on, until now, are the people behind these extraordinary deals.

We decided to put together a quick guide to Poway’s players, so we could share what we know about the individuals responsible for putting together Poway’s bonds. Here’s more information about the players in our suburban saga.

John Collins, superintendent

• Collins began his career in education at the San Diego Unified School District in 1976. In 1989, he was hired by Poway as an assistant principal and worked in school administration at three different schools during the next seven years. For nine years he was the deputy superintendent in charge of business and learning support services and he became Poway’s superintendent in July 2010, following the retirement of Don Phillips.

• Late last year, local media reported that Collins’s home was in foreclosure after a public notice stated an auction would be held to settle $1.1 million in unpaid obligations.

• In his own words: “We want to be open, transparent and forthright in our responsibility to the district. If only one member of the community comes forward with questions and concerns, it’s one too many.” Yet, Collins has so far refused to provide even basic information about a proposed review of the district’s bond deals. He won’t say who’s doing the review, how much it costs or why the individual or company conducting it was chosen.

Linda Vanderveen, board president

• Vanderveen has served three consecutive four-year terms on Poway Unified’s board and is up for re-election this year.

• In her own words: “Our newly renovated schools are testimony to the community's commitment to our Building for Success program. People move to [Poway] for the schools. Clearly, we are doing something right.”

• My colleague Will Carless has called and emailed Vanderveen several times seeking comment or an interview. Vanderveen has ignored all of his requests.

Andy Patapow, board vice president

• Patapow has served four consecutive terms on Poway’s board and is up for re-election this year. He was the principal of Poway’s continuation school for 28 years.

• U-T San Diego reported that he accepted more than $300 in meals from Stone & Youngberg, the underwriter of last year’s controversial bond deal.

• Patapow has also ignored repeated calls and emails from Carless requesting comment.

Marc Davis, board clerk

• Davis is the newbie of the group. This is Davis’s first term as a board member; in 2014 he will be up for re-election.

• Davis promoted himself as a businessman and financial adviser during his campaign in 2010. He is the president and founder of Davis & Seiley Wealth Management.

• In his own words: “I am running to share my financial and business expertise to help address the monumental budget problems that we have now and will have in the future. I understand financial markets, contracts, employment rules, pension plans … and tax issues.”

• Davis is one of three board members who has responded to interview requests. In an Aug. 8 e-mail to Carless regarding the extra money Poway squeezed out of its bond deals, he wrote: “[Poway Unified] did not circumvent the will of the people in doing this but followed long standing legal precedent in doing so and the advice of our bond counsel.” Three attorneys not affiliated with the district who were contacted by Carless said Poway’s deals were, in fact, extraordinary, since they pushed the boundaries of state law. The district’s 2011 deal was also deemed illegal by the state Attorney General’s Office.

Todd Gutschow, board member

• Gutschow is in the middle of his second term as a board member; he’ll be up for re-election in 2014. He was appointed to the Citizens’ Oversight Committee for Proposition U.

• In his own words: He told Voice of San Diego in an Aug. 14 interview: “I think most people who take a moment to think about things before they vote would have said, ‘Well, gee. We’re going to be paying more money for a longer period of time. And that’s probably going to mean that’s going to be more expensive.’ I think that general idea is something most people could have and should have recognized. Would they be able to estimate how much? Would they have been able to have that kind of level of detail? No.”

• Of the five board members, Gutschow has been the most willing to communicate with us on this story. He, Collins and Board Member Penny Rantfle met for an interview last month, and Gutschow is the only board member to respond to Carless’s calls. He has, however, ceased communicating with us as of late.

Penny Ranftle, board member

• Ranftle has been on the board the longest; she’s in the middle of her fifth consecutive term, meaning she has spent the past two decades in her position.

• She has virulently defended Poway from criticism over its bond deals. During the Aug. 14 interview, she said the board had acted in good faith and had delivered what voters wanted: more money to construct schools, without raising taxes.

• Rantfle has spoken out against scrutiny of Poway’s bond deals at school board meetings, including one held on Sept. 10, when she said: “It saddens me to see a couple of members of the media that have turned their scrutiny of this district into some sort of a sport. They have taken a single aspect of this massive rebuilding and modernization program and wrapped it into innuendo and inaccurate reporting, without regard to the damage or expense it is causing the district.”

The Consultants: The Dolinka Group: Benjamin Dolinka

• Poway used this group of financial consultants, which specializes in advising school districts about general obligation bonds, for Proposition C.

• According to its LinkedIn profile, the privately held company employs fewer than 50 employees.

• For the past 20 years, Benjamin Dolinka, the group’s president, has served as a financial adviser to Poway. On March 22 last year, a few weeks after receiving the warning letter from the state Attorney General’s Office, Collins submitted a letter of recommendation for the Dolinka Group praising Dolinka:

“[W]orking with Benjamin Dolinka and the finance team, we have been able to minimize our risks while maximizing the benefits,” he wrote.

• According to the group’s website, Dolinka “focuses on creating new financial and demographic services, identifying potential public-public and private-public partnerships.”

The Consultants: California Financial Services: Michael Ogburn

• This small financial planning firm has advised school districts and local governments for 26 years, according to its website.

• Its founder Michael Ogburn specializes in school district finance in Southern California, and has worked with at least two local districts: Escondido Union and Poway.

The Lawyers: Bowie, Arneson, Wiles & Giannone

• Poway used this Newport Beach law firm for advice on its bond deals.

• According to its website, the firm employs 10 attorneys and has been around for about 40 years and provides public agencies, like school districts, with legal services involving planning, financing and construction of school facilities.

• The firm was the recipient of a letter from state Attorney General Kamala D. Harris’s office last year warning that the deal it was helping Poway Unified put together was illegal.



ClarieceT posted at 3:16 pm on Tue, Oct 9, 2012.

...[Board member] Jeff Mangum was part of the 2009 Series A which had excessive premiums and he was one the one who moved and Vanderveen seconded the resolution approving the Series B bond which had a premium of $21 million dollars...

Who is exposing the underbellies of school systems, U-T San Diego or Voice of San Diego?

My challenge to Will Carless at VOSD and Jeff McDonald at U-T San Diego: Why don't you find out the truth about what's going on at SDCOE?

Now that Will Carless has replaced Emily Alpert at VOSD, why doesn't he conduct a "Crosier Watch" similar to the "Petty Watch" he conducted in 2008?

Over the past few years, only a few limited stories about the tactics of education attorneys have crept into the press. Reporters have to beg and plead and practically stand on their heads to get their stories published. Voice of San Diego dropped its coverage of SDCOE attorney shenanigans, and laid-off its stellar education reporter Emily Alpert. CEO Scott Lewis claimed that he didn't have enough money to pay her.

But that explanation doesn't hold water.

Voice of San Diego benefactors Buzz Woolley and Irwin Jacobs, who claim to care about education, could have easily paid Emily's salary with their pocket change if they'd wanted her to stay. And I suspect she would have wanted to stay if her job description had been made more appealing, which would have included being allowed to publish her stories freely. At one time she must have hoped that all her work would result in some changes for children in schools.

It seems Buzz Woolley, Irwin Jacobs and Emily Alpert weren't on the same page.

I recently discovered (in a story by Jeff McDonald at the U-T) that SDCOE executive Dan Puplava, whom Emily had started investigating, was fined $7000 and had his brokers license suspended while AIG Financial, which was paying Puplava big bucks for moonlighting with them, was fined $300,000 for not properly overseeing him. Still, Puplava retains his job as head of the SDCOE Fringe Benefits Consortium.

Voice of San Diego never even placed a link in its Morning Report to the U-T San Diego story.

To its credit, VOSD's Will Carless is doing a great job investigating a school bond scam in Poway pulled off by board members and their lawyers.

But if VOSD had been willing to aggressively investigate education attorneys, the Poway Capital Appreciation Bonds scandal might have been prevented. Of course, the downside of that for VOSD would be that it wouldn't have an exciting school bond story to write about.

It seems that journalists are a bit like Plaintiff lawyers: they actually benefit from corruption and wrongdoing because investigation it gets them money and fame.

All along, of course, the school attorneys are making work for themselves by advising school boards to ignore the law.

But the public doesn't hear much about this.

In fact, even private bloggers like me and Scott Dauenhaur get sued by SDCOE lawyer Dan Shinoff for defamation on behalf of himself and his pals at SDCOE. SDCOE should stop tax dollars to stop public discussion of school attorney tactics, but it won't.

Shockingly, it seems that U-T San Diego's Jeff McDonald is more willing to expose SDCOE than Voice of San Diego is. As a member of Voice of San Diego, I never thought I'd be forced to confess that we need the U-T in order to get balanced news reporting in San Diego. I never thought Doug Manchester's rag would sometimes do a better job on education than Buzz Woolley and Irwin Jacobs.

The U-T freely admits that it is using the paper to influence voters and officials. You know you're reading a biased paper when you read the U-T. The Union-Tribune has been killing important stories for years.

The problem with VOSD is that the bias is in the censorship--you don't know which stories they killed because donors didn't like them. Except, of course, in cases where VOSD started a story--and then killed it.

See similar problem in Maryland.