June 20, 2018 CUSD BOT Meeting Agenda Item #52 RESOLUTION NO. 1718-53, RESOLUTION AND ORDER OF BIENNIAL TRUSTEE ELECTION SPECIFICATIONS OF THE ELECTION ORDER

Board Meeting Agenda page 1073

Board Audio

 

PART ONE: Three Capistrano Unified School Board Trustees are up for election this November.

PART TWO: CUSD's Resolution to Order and Call the Election does not comply with Education Code Section 5322 "Specifications of the Election Order"

 

 

PART ONE

The Three Trustees are:

Martha McNicholas, Board President (Union funded campaign)
Laguna Niguel Resident

Represents Trustee Area 4, which covers portions of Laguna Niguel and Dana Point. First elected in 2014 for a term ending in 2018. Schools represented are:

Hidden Hills Elementary School

John S. Malcom Elementary School

Moulton Elementary School

George White Elementary School

Dana Hills High School 

 

Gila Jones, Vice President (Union funded campaign)
San Juan Capistrano Resident

Represents Trustee Area 6, which covers portions of Mission Viejo, Laguna Niguel, and San Juan Capistrano. First elected to the board in 2014 for a term ending in 2018. Schools represented are:

Marian Bergeson Elementary School

Del Obispo Elementary School

Carl Hankey K-8 School

Kinoshita Elementary School

San Juan Elementary School

Viejo Elementary School

Marco Forster Middle School

Niguel Hills Middle School

Capistrano Valley High School

Junipero Serra High School

 

Judy Bullockus, Board Member (Replaced Trustee Lynn Hatton - Hodson who resigned; either because of "medical issues" or a "conflict of interest investigation". The City of Mission Viejo pressed CUSD to approve Judy Bullockus, who was currently serving as Community Services Commissioner for the City of Mission Viejo for the previous five years).

See: Mission Viejo's Judy Bullockus ready to represent on Capistrano Unified board.  

Mission Viejo Resident 

Represents Trustee Area 7, which covers portions of Rancho Santa Margarita, Mission Viejo, and Coto de Caza. First elected to the board in June 2017 to assume duties of outgoing Board Member, for a term ending in 2018. Schools represented are:

Arroyo Vista K-8 School

Bathgate Elementary School

Castille Elementary School

Philip Reilly Elementary School

Tijeras Creek Elementary School

Newhart Middle School

Tesoro High School

 

Because Trustees are elected by "Area" and not "At- Large"; the only people that will be able to vote are those living in the Trustee's area. I will NOT be able to vote for school board Trustee this year because I do not live in any of these Trustee areas. As such, I call on the Public living in these Trustee areas to become educated, so that the all students and taxpayers can benefit from your EDUCATED VOTE.

Under "Local Control" school districts now have the power to tax and raise debt. School Districts have the power to provide control property and allow entities such as the TCA to build roads through communities and on school district property. School Districts have the power to use public assets such as surplus school district property to enter into private/public partnerships to build high density low income housing that effect the quality of life for every person within school district boundaries.

Past experience has shown that candidates that have had their campaigns funded by the Teachers Union represent the interests of public employees; and fail to understand, or embrace their fiduciary duty to students and taxpayers. 

A Trustee cannot serve Two Masters! 

 

Data from the last CUSD school board election:

The California Teacher Union/ CUEA purchased the seats of Trustee Hanacek, Trustee Pritchard and Trustee Holloway for $60,000 per seat. 

We need more Trustees like Jim Reardon who are elected without public employee union financial contributions.

The current majority of CUSD Board of Trustees (including the three that are currently up for election) have given CUSD employees five consecutive years of across the board compensation increases totaling over $150 million dollars. At the same time they have failed to fix and maintain facilities such that CUSD now has $189 million dollars in "EMERGENCY" facilities repairs. CUSD has the highest class sizes in the state and in the Nation. CUSD has never restored programs that were cut during the great recession such as Art, music and science. CUSD is now relying on fundraising and donations to pay for PE and History curriculum while 89% of CUSDs' budget goes to employee compensation. 

Our students deserve Trustees that will place the educational interest above adult jobs.

 

PART TWO

CUSDs' Resolution No. 1718-53 does not comply with Ed Code Section 5322 "Specifications of the Election Order" . 

CUSDs' Proposed Resolution:

 

 Education Code

EDUCATION CODE: Order and Call of Election [5320 - 5329]

5320.

The act authorized by this code of any officer, board, county committee, group of electors, or any other persons or agencies which commences an election proceeding, and any mandatory provision of this code requiring that an election be held, is an “order of election.”
(Enacted by Stats. 1976, Ch. 1010.)

5321.
  
Whenever a valid and verified petition, authorized by this code and requesting that a board election be held in any school district or in territory contained in one or more school districts or community college district, is received by the officer or board designated by law to receive the petition, such petition shall be deemed an order for calling such election unless the officer or board is by law authorized to take some action upon the petition other than ordering the election requested in the petition. If an election is ordered, the county superintendent having jurisdiction shall prepare a resolution setting forth the specifications required in Section 5322 as preliminary procedure to the call of such election.
(Enacted by Stats. 1976, Ch. 1010.)

5322.
  
Whenever an election is ordered, the governing board of the district or the board or officer authorized by this code to make such designations shall, concurrently with or after the order of election but not less than 123 days prior to the date of the election in the case of an election for governing board members, or at least 88 days prior to the date of the election in the case of an election on a measure, including a bond measure, by resolution delivered to the county superintendent of schools and the officer conducting the election, or, in the case of an election on a measure, only to the officer conducting the election, specify the following, or such of the following as he or she or it may have authority to designate:
(a) The date of the election.
(b) The purpose of the election.
The resolution or resolutions shall be known as “specifications of the election order” and shall set forth the authority for ordering the election, the authority for the specification of the election order, the signature of the officer or the clerk of the board by law authorized to make the designations therein contained, and, in the case of an election on a measure, the exact wording of the measure as it is to appear on the ballot. Pursuant to Section 13247 of the Elections Code, the statement of the measure to appear on the ballot shall not exceed 75 words.
(Amended by Stats. 2000, Ch. 1081, Sec. 1. Effective January 1, 2001.)

5323.
  
The county superintendent having jurisdiction shall at least 130 days prior to the date of a governing board member election consolidated pursuant to Section 5340, notify the governing boards concerned of the order of consolidation of governing board elections under his or her jurisdiction. Such notice of consolidation shall be given in writing.
(Amended by Stats. 1982, Ch. 428, Sec. 5.)

5324.
  
At least 120 days prior to the date of the election in the case of an election for governing board members, the county superintendent of schools shall deliver to the county elections official in the county where the election is to be held, copies of:
(a) The order of election.
(b) The formal notice of election.
(Amended by Stats. 2002, Ch. 221, Sec. 6. Effective January 1, 2003.)

5325.
  
Any school district election or community college district election, except a bond measure election, ordered to be held in accordance with this code shall be called by the county superintendent of schools having jurisdiction of the election by doing both of the following:
(a) Posting or publication of notices of election.
(b) Delivery of a copy of the formal notice of election to the county elections official at least 120 days prior to the date of the election in the case of an election for governing board members.
(Amended by Stats. 2002, Ch. 221, Sec. 7. Effective January 1, 2003.)
5326.
  
If, by 5:00 p.m. on the 83rd day prior to the day fixed for the governing board member election, only one person has been nominated for any elective office to be filled at that election, or no one has been nominated for the office, or in the case of members to be elected from the district at large, the number of candidates for governing board member at large does not exceed the number of offices to be filled at that election, or in the case of members to be nominated by trustee area and elected at large, the number of candidates do not exceed the number required to be elected governing board member at large nominated by that trustee area, or in the case of members to be elected at large in accordance with Sections 5030.5 , 5030.6, and 5030.7, no more than one person has been nominated for each membership position, and a petition signed by 10 percent of the voters or 50 voters, whichever is the smaller number, in the district or trustee area, if elected by trustee area, requesting that a school district election be held for the offices has not been presented to the officer conducting the election, appointment will be made as prescribed by Section

5328.
The provisions of this section and Section 5328 shall also apply to elections for membership on a county board of education.
(Amended by Stats. 1996, Ch. 48, Sec. 2. Effective May 15, 1996.)

5328.
  
If pursuant to Section 5326 a district election is not held, the qualified person or persons nominated shall be seated at the organizational meeting of the board, or if no person has been nominated or if an insufficient number is nominated, the governing board shall appoint a qualified person or persons, as the case may be, at a meeting prior to the day fixed for the election, and such appointee or appointees shall be seated at the organizational meeting of the board as if elected at a district election.
(Amended by Stats. 1978, Ch. 22.)
5328.5.
  
If no one has been nominated to an office, prior to making an appointment to that office pursuant to Section 5328, the governing board shall cause to be published a notice once in a newspaper of general circulation published in the district or, if no such newspaper is published in the district, in a newspaper having general circulation in the district, stating that the board intends to make an appointment and informing persons of the procedure available for applying for the office.
(Added by Stats. 1982, Ch. 428, Sec. 10.5.)
5329.
  
Whenever a candidate has filed a declaration of candidacy the name of the candidate shall be printed upon the ballot unless the candidate has died and that fact has been ascertained by the officer charged with the duty of printing the ballots at least 68 days before the election.
(Amended by Stats. 1986, Ch. 866, Sec. 1.)

 

Sample Compliant Resolution

 

CAPISTRANO UNIFIED SCHOOL DISTRICT
(San Juan Capistrano, California)

June 20, 2018

RESOLUTION 1718-53

RESOLUTION OF THE GOVERNING BOARD OF THE CAPISTRANO UNIFIED SCHOOL DISTRICT SETTING FORTH THE BOARD'S DESIRE TO ADOPT SPECIFICATIONS OF ELECTION ORDER

SPECIFICATIONS OF THE ELECTION ORDER

RESOLVED, that pursuant to Education Code Sections 5304 and 5322, the authority for the specifications of the election order, I hereby specify the following with respect to the Governing Board Member Election in the Capistrano Unified School District.

Date of Election: November 6, 2018 

Purpose of the Election: To elect three (3) members to the Capistrano Unified School District's Board of Trustees.

Trustee Area 4: One 4-year term

  Trustee Area 6: One 4-year term 

   Trustee Area 7: One 4-year term  

 

CLERKS CERTIFICATE

I hereby certify that the foregoing is a full true and correct excerpt from the Journal of the Capistrano Unified School District Board of Trustees, pertaining to the adoption of the foregoing resolution, for a regular board meeting held on June 20, 2018 at 7:00 pm at which the following members were:

Present: Trustees Judy Bullockus, Amy Hanacek, Patricia Holloway, Martha McNicholas, Gary Pritchard and Jim Reardon

Absent: Gila Jones

On Motion of Trustee ___________________________________,

Seconded by Trustee ___________________________________,

Resolution No. 1718-53 and Order of Election and Specifications of the Election Order was adopted by the following vote:

AYES: ________________

NOES: ________________

ABSENT: ______________

ABSTAIN: _____________

Certified a correct copy this 20th day of June 2018.

 

____________________________________

Clerk, Board of Trustees

Capistrano Unified School District