Delta drafts grand jury reply

By Joelle Milholm
News-Sentinel Staff Writer
Updated: Tuesday, August 26, 2008 6:12 AM PDT

STOCKTON — The San Joaquin Delta College board of trustees agreed Monday to six of a grand jury's recommendations that included following an ethics code, ensuring the board complies with the Brown Act and working more closely with the school's bond oversight committee.

Trustees voted to accept the recommendations at a special meeting Monday. The meeting was part of the trustees' efforts to reply to a scathing report from the San Joaquin County Grand Jury, which accused the board of mismanaging its $250 million Measure L bond.

The six-member board (with Maria Elena Serna, who represents Lodi, being absent) approved six of the grand jury's nine recommendations, including agreeing to closely evaluate staff and consultants' recommendations, follow an ethics code, make a new Measure L team, make sure the board is in compliance with the Brown Act and work more closely with the Citizens' Bond Oversight Committee.

Since the grand jury's report, which questions the decisions about how the school is spending its $250 million Measure L bond, was released last spring, little progress had been made about what to do with the allegations.

During Monday's meeting, the trustees sifted through the remaining 10 of the grand jury's 14 findings, coming to conclusions on whether or not they were accurate before voting on all nine of the grand jury's recommendations. The trustees did not agree on the report's recommendations to not enter into a partnerships with developers to build a campus in Lodi or Galt, or to come up with new estimates for development based on the current student numbers, or that the oversight committee has to meet once a month to pre-approve all expense charges to Measure L. Delta President Dr. Raul Rodriguez had prepared responses to each, and the purpose of the meeting was to make sure those responses reflected the feelings of the board. The board needs to submit its response to the jury by Sept. 18.

"We have to meet the deadline, and we are taking this very seriously," said Manteca-Escalon Trustee Ted Simas. "That's why most of us are willing to take the time rather than just airbrush through this thing … I think overall it would have been simple to say yes we agree with this and it would have saved us a lot of hours, but I think the majority of the board knows that is just not the way to go."

The trustees debated some of the findings, splitting 3-3 on the first two topics of the meeting. They were deadlocked as to whether or not the partnership between Delta college and developer Gerry Kamilos delayed construction at the Mountain House campus, raising costs and deterring public support, and whether or not the board has to completely revise the Mountain House plan.

When the board revisited the items, one or more board members changed their position, and the board disagreed with the grand jury on both issues. There were hardly any arguments.

"Overall, I was satisfied with the responses. Compared to last time, I thought the board was overly sensitive and on the defensive side, and I think we faced reality a little bit better this time," Simas said after the meeting. "I was satisfied that we stood up to the fact that the grand jury is 99.9 percent correct. That's why I was willing to compromise somewhat on some of the responses."

The loudest critical voice came from Motecuzoma Sanchez, who is running for a spot on the board in the upcoming election. He thanked the board members who are retiring or not running after this year and asked for the firing of Dr. Rodriguez. When items were deadlocked on 3-3 votes, Sanchez adamantly told the Trustees to "get it together" and "make a decision."

Trustee Dan Parises stood his ground, stating that the grand jury's report was erroneous on several of its findings, including whether the trustees heeded the warnings and recommendations from the consultants hired by the board.

"I think we are in trouble because we listen to them," he said during discussions.

The board members and Rodriguez agreed for the most part that the report was too general, and in some cases the items were specified and then agreed upon. The board also agreed that it lacked oversight and felt rushed on several of the decisions it made in the past on the Measure L spending, which have lead to the problems.

Dr. Raul Rodriguez will present the board with Monday's additions and revisions to the trustee's response to the report in another board meeting scheduled for today at 4 p.m.

San Joaquin Delta College Board of Trustees response to Grand Jury
Recommendations

1. Delta College Trustees and administrators avoid making the same mistake by gathering into a public-private partnership to develop a campus in Lodi or Galt.

Response: Will not be implemented because it is based on an erroneous assumption.

2. The Board of Trustees thoroughly evaluate all staff and consultants' recommendations prior to making bond decisions and commitments.

Response: Has been implemented.

3. The Board of Trustees use the most current student usage numbers to determine curriculum needs for students, i.e., brick and mortar vs. Internet usage.

Response: Will not be implemented because all of the projects are past the stage of gathering demographic information. However, it will be implemented in the future.

4. The Board of Trustees refocus on the needs of the students and not personal agendas and work together as a cohesive unit.

Response: Has been implemented and trustees have attended workshops to improve function of the board and have adopted a code of ethics.

5. Delta College Trustees and administrators support and work with their new, recently formed committee, Measure L Team, to oversee various bond programs.

Response: Has been implemented.

6. The Delta College Board of Trustees to comply with the Brown Act. Further training on the Brown Act to be given to ensure understanding and compliance.

Response: Will be implemented.

7. The Bond Oversight Committee meet once per month in an effort to pre-approve all expenses charged to Measure L funds.

Response: Will not be implemented because it is not legal or proper to have the (oversight committee) pre-approve expenses and it is a volunteer committee without time to meet once a month.

8. The Citizens' Bond Oversight Committee question all changes in projects selected for funding, project plans, or delays in construction. This is a precautionary measure to ensure that Measure L funds are not being wasted.

Response: Will be implemented.

9. The Citizens' Bond Oversight Committee to ensure that all aspects of the Brown Act are adhered to in order to give the public a clear picture of the committees' workings. The grand jury believes that the Brown Act ensures a transparent democracy. The violation of the Brown Act cannot be tolerated.

Response: Always has been and will continue to be implemented in the future.

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