General: My opinions and comments, included after the fact as I prepare this document, are in italics, like this statement. Quoted documents are indented.

PREFACE:

Over the past three years I have come to know and respect Ralph Vandro, Principal of Rio Linda High School (RLHS), part of the Grant Joint Union High School District (GJUHSD). I have worked with Ralph as a fellow member of the Rio Linda Elverta Chamber of Commerce Board of Directors, and on items of community concern such as the Sacramento Area Flood Control Agency levees and the swimming pool at RLHS.

When I learned that Ralph had been removed as principal and apparently sent to Southern California on what appeared to be a ruse to get him out of town, I asked questions of credible individuals whose opinions I value. I found it difficult to believe that a Board of Trustees, elected by us, would act in the manner described to me.

As you read this documentation, please keep in mind that the issue I raise is minor. My issue is "only" that the Board of Trustees has ignored me. The fact that the Board can act in such a cavalier manner shows their arrogance toward their constituents. This is indicative of the actions of the Board, but does not pretend to address the real issues; education for the students and the leadership that must be shown to the students by the Board and by the administration that acts in the name of the Board.

March 21, 2001:

I felt it inappropriate to draw a conclusion that the GJUHSD Board of Trustees was inept and perhaps under the control of their employee, the Superintendent, without first giving them the benefit of the doubt. I prepared testimony to be offered to them at their March 21, 2001, Board of Trustees meeting. I prepared a three minute statement as follows:

TESTIMONY PREPARED BY JAY O’BRIEN TO BE GIVEN TO GJUHS BOARD OF DIRECTORS MEETING ON MARCH 21, 2001:

Good evening.  I am Jay O’Brien, a 42-year resident of Rio Linda. My sons graduated from Rio Linda High School in 1972 and 1975. They swam in the pool.

Remember the pool? I was elected to the Rio Linda Elverta Community Water District Board of Directors in 1998, and I served as Board President from December 1998 until November 2000. Superintendent Buchanan and Director Vernon, do you remember coming to the first meeting over which I presided? You asked the water district to loan you $340,000 to fix the pool, as the money you promised the community for that project somehow had vanished. I didn't trust you then, and you didn't get the money. I trust you even less now.

But, this is about Principal Ralph Vandro. Ralph came to Rio Linda in 1998. Ralph became involved in the community. He is a Chamber of Commerce Director and a member of the Rio Linda Lions. Ralph took charge of the High School and the students regained their pride and spirit. Ralph is one of the best things that has happened to Rio Linda in recent times. And besides that, Ralph is my friend. When you hurt Ralph, you hurt his community and you hurt me.

I have some questions for you. I understand that these may not be answered tonight. However, I am putting you on notice that I expect answers.

I understand that Superintendent Buchanan has asserted to a parent that Principal Vandro threatened him during a meeting in Buchanan’s office. Is that true? I understand from a parent that Superintendent Buchanan filed a police report asserting such felonious conduct by Vandro. Is that true? I understand that Superintendent Buchanan makes tape recordings of his day-to-day conversations with employees, sometimes with a microphone in his lapel. Is that true? If it is true that Buchanan makes recordings, and if it is true that Vandro threatened Buchanan, then it seems to me that the recording is District property and I would like to hear exactly what Ralph Vandro said that caused Buchanan to assert that Vandro had committed a felony.

As I said earlier, I didn't trust you three years ago enough to loan you $340,000. I trust you less now and I want answers.

Thank you.

The agenda included the following (quoted from GJUHSD web site):

IV. PUBLIC COMMENT/RIGHT TO PRESENT PETITIONS  8:00 PM

          Anyone may address the Board regarding any item that is within the Board's subject matter jurisdiction. However, the Board may not take action on any item that is not on this agenda except as authorized by GC Section 54954.2. No person shall speak more than three minutes unless time is waived/shortened by a majority of the Board members present.

Note that the above clearly states that each person's time shall be three minutes unless “waived/shortened by a majority of the Board members present.” This does not provide for unilateral shortening of some or all speakers by one member of the Board, it requires a “majority of the Board members present” to take such action.

The board room was packed, with standing room only. Board President Annette Emery announced that there were “twenty-two people signed up” to speak during public comment.  I prepared a speaker slip during public comment, after Emery’s statement.

The first 19 speakers that I identified were each afforded three minutes time. My count of the speakers included, as number 1, the presentation of recall petitions. A count-down clock was used to show each speaker how much time remained. Emery arbitrarily and capriciously shortened the time for the remaining speakers to two minutes, without obtaining agreement from “a majority of the Board members present”. In my opinion she would have been able to obtain such agreement, but she did not do so, thus violating the Board's policy as delineated in its own published agenda document.

As I had prepared copies of my statement, intending to hand them to the board after my testimony, I decided to attempt to influence them into allowing me to finish. I handed the copies to them before I spoke, hoping that they would follow along and see that I had only a few more words to complete my statement. That didn't work. I was cut off with 103 words left unsaid. I wonder if I was cut off because of what was in those 103 words?

When Emery cut me off, the next speaker offered to relinquish her time to allow me to finish. Emery responded “No. We have his statement. I said two minutes.”

The minutes of this meeting, published later on the GJUHSD web site, include the following for this item (emphasis added):

IV. - Public Comments and Right to Present Petitions
Caron Vaughn presented intent to recall petitions on four Board members and asked for the resignation of the superintendent.
Ashley Norton expressed her support of the Rio Linda HS principal Ralph Vandro.
Randy Roberts expressed his support of the Rio Linda HS principal Ralph Vandro.
Joney Matz expressed her support of the Rio Linda HS principal Ralph Vandro.
Eric Loveless expressed his support of the Rio Linda HS principal Ralph Vandro.
Janet Tisue expressed her support of the Rio Linda HS principal Ralph Vandro.
Debbie Fisher expressed her support of the Rio Linda HS principal Ralph Vandro.
Jeff Gordon expressed his support of the Rio Linda HS principal Ralph Vandro.
Rich England expressed his support of the Rio Linda HS principal Ralph Vandro.
Ed Valencia expressed his support of the Rio Linda HS principal Ralph Vandro and  asked for an explanation for the recent personnel actions.
Jim Linder expressed his support of the Rio Linda HS principal Ralph Vandro.
Yvonne Longstreth expressed her support of the Rio Linda HS principal Ralph Vandro.
Jim McGovern expressed his support of the Rio Linda HS principal Ralph Vandro.
Darrell Nelson expressed his support of the Rio Linda HS principal Ralph Vandro.
Philip Matz expressed his support of the Rio Linda HS principal Ralph Vandro.
Lydia Almanza expressed her support of the Rio Linda HS principal Ralph Vandro.
Jennie Friend expressed her support of the Rio Linda HS principal Ralph Vandro.
Autumn Kirkham expressed her support of the Rio Linda HS principal Ralph Vandro.
Melissa Peeters expressed her support of the Rio Linda HS principal Ralph Vandro.
Sally Johnson expressed her support of the Rio Linda HS principal Ralph Vandro.
Glenn Chadaris expressed his support of the Rio Linda HS principal Ralph Vandro.
Chris Jones expressed his support of the Rio Linda HS principal Ralph Vandro.
Jay O’Brien expressed his support of the Rio Linda HS principal Ralph Vandro and asked for answers to questions.
Cynthia Tatoole expressed her concerns regarding contacting Board member.
President Emery called a recess, 8:38 – 8:53 p.m.

As I had asked the Trustees for answers which were not forthcoming, I prepared the following letter which was sent by email and also mailed, on March 26 via USPS, to the GJUHSD Board of Trustees at the GJUHSD office address. This letter was printed, along with my March 21 testimony, on page 4 of the March 22, 2001 edition of the Rio Linda Elverta News.

Subject: Board of Trustees action item
Date: Sun, 25 Mar 2001 10:33:48 -0800
From: Jay O'Brien <jayobrien@att.net>
To: President Annette Emery <annette_emery@dot.ca.gov>,
       Clerk Patrick Kemp <FIPKemp@DOF.CA.gov>,
       Trustee Paul Green Jr <prgreenjr@juno.com>,
       Trustee Bryce Vernon <brycevernon@grant.k12.ca.us>,
       Trustee Jason Sample c/o <beverlylaw@grant.k12.ca.us>,
       Board of Trustees c/o Secretary Beverly Law <beverlylaw@grant.k12.ca.us>

TO: GRANT JOINT UNION HIGH SCHOOL DISTRICT, BOARD OF TRUSTEES

I was the 23rd speaker at your Board of Trustees meeting on March 21, 2001. As you will recall, I presented you with a copy of my testimony as I began to speak. Another copy is included below for your reference. (See copy above)

During Public Comments, speakers 1-19 were afforded three minutes each, and speakers 20-23 were restricted to two minutes. My statement was planned for three minutes; when you stopped me after only two minutes, 103 words were left unsaid.

When you terminated my testimony, speaker number 24 offered to relinquish her time to me. President Emery refused to allow that transfer of time, while confirming orally "we have his statement".

I quote the operative section of my statement, referenced by Board President Emery:

   "I have some questions for you. I understand that these may not be answered tonight. However, I am putting you on notice that I expect answers.

   "I understand that Superintendent Buchanan has asserted to a parent that Principal Vandro threatened him during a meeting in Buchanan's office. Is that true? I understand from a parent that Superintendent Buchanan filed a police report asserting such felonious conduct by Vandro. Is that true? I understand that Superintendent Buchanan makes tape recordings of his day-to-day conversations with employees, sometimes with a microphone in his lapel. Is that true? If it is true that Buchanan makes recordings, and if it is true that Vandro threatened Buchanan, then it seems to me that the recording is District property and I would like to hear exactly what Ralph Vandro said that caused Buchanan to assert that Vandro had committed a felony."

I appreciate you hearing me and you each accepting printed copies of  my statement. I expect responses to my questions and to my request to hear the referenced tape.

Will my item appear on the agenda for your next meeting?

Jay O'Brien
6851 Second Street
Rio Linda

I prepared another letter, which I sent by email and delivered to the GJUHSD office on April 3, 2001. The receipt that was prepared for me shows it stamped in at 10:16 AM by District personnel.

In this letter, I note that my questions are not on the agenda for the April 4 meeting, and I note to them that they have not replied to me. I restated my four original questions and added three more.

I conclude asking them when they will answer my questions and ask if my item will appear on the agenda for their next meeting.

Subject: Board of Trustees action item
Date: Mon, 02 Apr 2001 23:10:00 -0700
From: Jay O'Brien <jayobrien@att.net>
To: President Annette Emery <annette_emery@dot.ca.gov>,
       Clerk Patrick Kemp <FIPKemp@DOF.CA.gov>,
       Trustee Paul Green Jr <prgreenjr@juno.com>,
       Trustee Bryce Vernon <brycevernon@grant.k12.ca.us>,
       Trustee Jason Sample c/o <beverlylaw@grant.k12.ca.us>,
       Board of Trustees c/o Secretary Beverly Law  <beverlylaw@grant.k12.ca.us>

TO: GRANT JOINT UNION HIGH SCHOOL DISTRICT, BOARD OF TRUSTEES

Last month I formally requested responses to certain questions, two of which I was permitted to articulate at your last Board meeting on March 21, 2001. In that request I repeated my questions asked at the Board meeting and those I was not allowed to verbalize as your President unilaterally shortened my time. My time was cut to two minutes by your President without a majority vote of the Board members present as called for in your published agendas. My previous correspondence and an excerpt from your agenda for the March 21 meeting are included as part of this request for your action. (See my March 25 correspondence above, which included another copy of my March 21 public testimony.)

In the subject correspondence, titled "Board of Trustees action item", I asked "Will my item appear on the agenda for your next meeting?" I have received no response from you and I note that my item is not on the agenda for the April 4, 2001 meeting.

The questions I ask are not rhetorical. It has been alleged to me by credible sources, including teachers fearful of retribution, that the behavior I ask about actually has taken place, and as a taxpayer and voter, I want answers from you to confirm or dispel the allegations I have heard relative to Superintendent Buchanan.

These are the questions in my previous statement to you:

   "I understand that Superintendent Buchanan has asserted to a parent that Principal Vandro threatened him during a meeting in Buchanan's office. Is that true? I understand from a parent that Superintendent Buchanan filed a police report asserting such felonious conduct by Vandro. Is that true? I understand that Superintendent Buchanan makes tape recordings of his day-to-day conversations with employees, sometimes with a microphone in his lapel. Is that true? If it is true that Buchanan makes recordings, and if it is true that Vandro threatened Buchanan, then it seems to me that the recording is District property and I would like to hear exactly what Ralph Vandro said that caused Buchanan to assert that Vandro had committed a felony."

Further, I am adding these questions for your response: Is it true that Ralph Vandro has been prohibited from attending District functions, including the Board of Trustees meetings, without specific permission? Is it true that Ralph Vandro was placed in a small office, without contact with students and their teachers? Is it true that Ralph Vandro and RLHS teachers have been the recent subject of surveillance by Grant Police and/or by Private Investigators?

When will you answer my questions, and when will you make public the tape made by Buchanan? Will my item appear on the agenda for your next meeting?

Jay O'Brien
6851 Second Street
Rio Linda
 

                  AGENDA
      GRANT JOINT UNION HIGH SCHOOL DISTRICT
                BOARD OF TRUSTEES
        REGULAR SESSION OF MARCH 21, 2001
            DISTRICT OFFICE BOARD ROOM
          1333 GRAND AVENUE, SACRAMENTO

/only item IV is copied/

IV. PUBLIC COMMENT/RIGHT TO PRESENT PETITIONS 8:00 PM

Anyone may address the Board regarding any item that is within the Board's subject matter jurisdiction. However, the Board may not take action on any item that is not on this agenda except as authorized by GC Section 54954.2. No person shall speak more than three minutes unless time is waived/shortened by a majority of the Board members present.

April 4, 2001 GJUHSD Board of Trustees Meeting:

The board room was packed, with standing room only. Board President Emery was absent, and Board Clerk Patrick Kemp presided. There were 16 speakers during public testimony. He allowed me a full three minutes, during which I gave the following testimony:

TESTIMONY PREPARED BY JAY O’BRIEN TO BE GIVEN TO GJUHS BOARD OF DIRECTORS MEETING ON APRIL 4, 2001:

I am Jay O’Brien from Rio Linda.

Last month I formally requested responses to certain questions, two of which I was permitted to articulate at your last Board meeting. In that request I repeated my questions asked at the Board meeting and those I was not allowed to verbalize as your President unilaterally shortened my time. My time was cut to two minutes by your President without a majority vote of the Board members present as called for in your published agendas.

In the subject correspondence, I asked "Will my item appear on the agenda for your next meeting?" I have received no response from you and I note that my item is not on tonight's agenda.

The questions I ask are not rhetorical. It has been alleged to me by credible sources, including teachers fearful of retribution, that the behavior I ask about actually has taken place, and as a taxpayer and voter, I want answers from you to confirm or dispel the allegations I have heard relative to Superintendent Buchanan.

These are the questions in my previous statement to you:

"I understand that Superintendent Buchanan has asserted to a parent that Principal Vandro threatened him during a meeting in Buchanan's office. Is that true? I understand from a parent that Superintendent Buchanan filed a police report asserting such felonious conduct by Vandro. Is that true? I understand that Superintendent Buchanan makes tape recordings of his day-to-day conversations with employees, sometimes with a microphone in his lapel. Is that true? If it is true that Buchanan makes recordings, and if it is true that Vandro threatened Buchanan, then it seems to me that the recording is District property and I would like to hear exactly what Ralph Vandro said that caused Buchanan to assert that Vandro had committed a felony."

Further, I am adding these questions for your response: Is it true that Ralph Vandro has been prohibited from attending District functions, including the Board of Trustees meetings, without specific permission? Is it true that Ralph Vandro was placed in a small office, without contact with students and their teachers? Is it true that Ralph Vandro and RLHS teachers have been the recent subject of surveillance by Grant Police and/or by Private Investigators?

When will you answer my questions, and when will you make public the tape made by Buchanan? Will my item appear on the agenda for your next meeting?

Thank you.

An additional item. I understand that Ralph Vandro has requested a public hearing. As an accommodation to your constituents, please hold it in larger quarters at Rio Linda High. Your constituents will hold you responsible for your choice between Vandro and Buchanan.

IV. – PUBLIC COMMENT/RIGHT TO PRESENT PETITIONS
Cathi Norton expressed her concerns about the handling of the Rio Linda HS cheer program accusations.  She discussed other Rio Linda HS issues.

Darrell Nelson stated various concerns regarding issues at Rio Linda HS.

Cynthia Tatoole and Sandy Nelson read a letter regarding Principal Ralph Vandro’s reassignment and his request to be heard during the public session.

Chris Jones expressed his concerns regarding the expenditure for Grant Today as well as the reassignment of Principal Vandro.

Caron Vaughn expressed her concerns regarding the reassignment of Principal Vandro and asked that the 3/21 minutes be amended to reflect the trustee names that were served a recall petition.

Melissa Peeters expressed her concerns regarding Principal Vandro.

Glen Chaderris expressed his concerns regarding Principal Vandro.

Donald Benson stated issues regarding a verbal contract to do the photographs at Grant HS for their yearbook and dances.  He asked the Board to reverse Principal Brown's decision.

Richard Givens expressed his concerns regarding the photography at Grant HS and Rio Linda HS and stated he supports Mr. Benson's request to reverse Principal Brown's decision.

K. Switzler expressed her concerns regarding Grant Today and its distribution and cost.

Tom Thrailkill expressed his concerns regarding Principal Vandro.

Sally Johnson expressed her concerns regarding her son's graduation pictures, textbook storage, textbooks in the classroom, Grant Today, and the new Rio Linda HS principal.

Jay O’Brien expressed his concerns regarding Principal Vandro and his request to place an agenda item on the Board agenda for a future Board meeting.

Pat Huestess expressed her concerns regarding Principal Vandro as well as bonuses for teachers with 5 to 15 years of experience in the district.

Kolieka Seigle expressed her concerns regarding Principal Vandro.

Pam Waddell expressed her concerns regarding Principal Vandro.

Acting President Kemp called a recess, 8:43 – 8:56 p.m.

After the Board meeting on April 4, 2001, I received the following email from the Board of Trustees:

Subject: RE: Board of Trustees action item
Date: Wed, 4 Apr 2001 11:11:42 -0700
From: BeverlyLaw@GRANT.k12.ca.us
To: jayobrien@att.net
CC: annette_emery@dot.ca.gov,
       FIPKemp@DOF.CA.gov,
       prgreenjr@juno.com,
       BryceVernon@GRANT.k12.ca.us,
       BeverlyLaw@GRANT.k12.ca.us,
       BeverlyLaw@GRANT.k12.ca.us

The agenda review meeting for the April 18 Board meeting is scheduled for Monday, April 9. In order to consider a request from you to have an item placed on this agenda, please provide us with the following information:

1. The specific request  you wish to have the Board address.
2. Whether the item is for Board discussion or Board action.  If for Board action, state the specific action requested.
3. If there is a financial cost involved, please provide estimated expenses.

Board Policy 9322 states:  "Any member of the public may request that a matter directly related to school district business be placed on the agenda of a regular meeting.  The request must be in writing and submitted to the superintendent with supporting documents and information.  Any Board member may submit an item for the Board agenda.  Items submitted less than a week before the scheduled meeting date may be postponed to a later meeting.  The superintendent and Board president will decide whether:  A request is directly related to school business, an item is open or closed session, and when an item is to be placed on the agenda."

(There is no signature on this April 4 letter from the GJUHSD Trustees)

(My entire letter of April 2, 2001, with all attachments, see above, was included with the April 4 letter sent to me by the GJUHSD Trustees.)

I prepared a letter in response to the April 4, 2001 letter I received from GJUHSD. I sent my letter by email and also delivered to the GJUHSD office on April 9, 2001. The receipt that was prepared for me shows it stamped in at 9:25 AM by District personnel.

My letter recaps my efforts to obtain answers from the GJUHSD Board, and provides the information requested by the GJUHSD Trustees in their April 4 letter to me. I repeated my original seven questions, added questions 8, 9 and 10 based on testimony from others at the April 4, 2001, Board meeting, and added question 11 from the end of my April 4 testimony.

My letter was printed in its entirety, including all of the attachments of the previous correspondence, on pages 6 and 7 of the April 12, 2001, edition of the Rio Linda Elverta News.

Subject: Re: Board of Trustees action item
Date: Sat, 07 Apr 2001 16:06:36 -0700
From: Jay O'Brien <jayobrien@att.net>
To: President Annette Emery <annette_emery@dot.ca.gov>,
       Clerk Patrick Kemp <FIPKemp@DOF.CA.gov>,
       Trustee Paul Green Jr <prgreenjr@juno.com>,
       Trustee Bryce Vernon <brycevernon@grant.k12.ca.us>,
       Trustee Jason Sample c/o <beverlylaw@grant.k12.ca.us>,
       Board of Trustees c/o Secretary Beverly Law <beverlylaw@grant.k12.ca.us>

TO: GRANT JOINT UNION HIGH SCHOOL DISTRICT, BOARD OF TRUSTEES

Thank you for your response, dated April 4, 2001. Your response is in reply to my testimony offered to you on March 21, 2001, and to my correspondence dated March 25, 2001, and to my follow up correspondence dated April 2, 2001. Copies of my testimony and correspondence are included as part of this reply to your April 4, 2001 response. A copy of your April 4, 2001 response is also included herein for your reference.

In addition, I offered testimony to you at your April 4, 2001 Board meeting which is substantially the same as my correspondence dated April 2, 2001. At that time I added another request which is included in this request for addition to your Board meeting agenda. Further, two additional items brought up by other speakers on April 4, 2001 are included in this request for your action to respond.

Responses prepared specifically for your three requirements for information delineated in your April 4, 2001 correspondence follow, to wit:

>>>1. The specific request you wish to have the Board address.
-Responses to allegations relative to actions alleged to have been taken by your Superintendent. Public disclosure of audio tape if it exists.

>>>2. Whether the item is for Board discussion or Board action.  If for Board action, state the specific action requested.
-The item is for Board action. The specific action requested is responses to the questions posed, and the ability to review an audio tape, if it exists.

>>>3. If there is a financial cost involved, please provide estimated expenses.
-There is no financial cost to the act of answering the questions. If the subject audio tape exists, the financial cost of copying the tape may apply.

I suggest the following subject appear on your agenda: "Responses to questions posed by taxpayer Jay O'Brien relative to Superintendent".

I have prepared a preface to the questions and prepared the questions in numbered format below for ease of reference. I would appreciate this entire correspondence be received by all who assist in preparation of responses, including the preface and numbered questions which follow.

PREFACE:
I am a taxpayer and voter. I also serve as an elected Director on the Rio Linda/Elverta Community Water District; as such I am aware of the public trust and fiduciary responsibility issues you face. You are elected to be the caretakers and decision-makers for my Grant Joint Union High School District, and you must take ultimate responsibility for the actions of your employee, who is managing the District for you. I have received information which, if true, is unsettling at best. If the allegations are true, or untrue, I need statements from you so that I can make an informed decision when it comes time to cast my vote to reelect or recall Board members.

QUESTIONS FOR BOARD RESPONSE:

1. I understand that Superintendent Buchanan has asserted to a parent that Principal Vandro threatened him during a meeting in Buchanan's office. Is that true?
2. I understand from a parent that Superintendent Buchanan filed a police report asserting such felonious conduct by Vandro. Is that true?
3. I understand that Superintendent Buchanan makes tape recordings of his day-to-day conversations with employees, sometimes with a microphone in his lapel. Is that true?
4. If it is true that Buchanan makes recordings, and if it is true that Vandro threatened Buchanan, then it seems to me that the recording is District property and I would like to hear exactly what Ralph Vandro said that caused Buchanan to assert that Vandro had committed a felony.
5. Is it true that Ralph Vandro has been prohibited from attending District functions, including the Board of Trustees meetings, without specific permission?
6. Is it true that Ralph Vandro was placed in a small office, without contact with students and their teachers?
7. Is it true that Ralph Vandro and RLHS teachers have been the recent subject of surveillance by Grant Police and/or by Private Investigators?
8. Is it true that the Superintendent told students, during their protest of the removal of their Principal, that Vandro would be their Principal for the rest of the year? The students claim the Superintendent lied to them; this must be resolved.
9. Is it true that cheerleading was stopped at RLHS, after Cheerleaders and their advisors expressed support for Vandro, and is it true that District officials will not provide specifics explaining why cheerleading was stopped?
10. What was the reason for stopping the cheerleading program, and what was the reason and authority for the payment of $1000 from the District to the Cheerleaders when the program was resumed?
11. At the conclusion of my testimony to you on April 4, 2001, I asked that the public hearing requested by Ralph Vandro be held at Rio Linda High School. A copy of my testimony is included for reference. Will you grant my request?

Thank you for explaining the exact format in which my questions must be placed so that you will be able to provide answers. I trust that I have complied with your requirements and I look forward to your responses.

Jay O'Brien
Rio Linda

-------- Statement to Board of Trustees April 4, 2001 ----------------
My testimony concluded with the following. "An additional item - I understand that Ralph Vandro has requested a public hearing. As an accommodation to your constituents, please hold it in larger quarters at Rio Linda High. Your constituents will hold you responsible for your choice between Vandro and Buchanan."

(At this point, in the letter as sent, I included the April 4, 2001 letter from GJUHSD Trustees and all of its attachments)

The board room was again packed, with standing room only. I counted 19 speakers during public testimony.  My testimony was as follows:

TESTIMONY PREPARED BY JAY O’BRIEN TO BE GIVEN TO GJUHS BOARD OF DIRECTORS MEETING ON APRIL 18, 2001:

I am Jay O'Brien from Rio Linda.

This isn't only about Principal Vandro. This is about you, the Trustees, and your lack of response to me, a constituent.

During your March 21st and April 4th meetings, I asked you for responses to assertions of wrongdoing or misconduct. You have confirmed, in the minutes of your meetings, that I posed such requests to you.

I sent written queries to you on March 25th and April 2nd.  You responded April 4th with your requirements for placing an item on your agenda. My April 7th letter complied with your requirements. In addition, I took a copy to your District office; I have proof of delivery.

I have received nothing further from you, and my questions are not on tonight's agenda.

My questions to you ask for confirmation or denial of charges made to me by credible individuals, asserting improper actions by your employee, on your behalf. Your silence confirms your culpability for the charges of malfeasance and misfeasance.

I have asked politely and properly that you publicly address the issues I have detailed. I asked for your answers to give you an opportunity to show me that you are fulfilling your fiduciary responsibility as elected Trustees of my school district. Your lack of response to me adds nonfeasance to the charges against you.

You have copies of my eleven questions, which have been published in the Rio Linda Elverta News and widely circulated. Time does not permit me to read them again now.

I repeat. This is no longer just about Principal Ralph Vandro. This is about you, the Trustees, and your egregious lack of fiduciary responsibility.

You must be recalled.

(I presented each Trustee with a copy of this testimony, printed on brightly colored paper. On the reverse side I included these references and a copy of my 11 questions.)

REFERENCES:
3/21/01 Minutes, Item IV: "Jay O'Brien expressed his support of the Rio Linda HS principal Ralph Vandro and asked for answers to questions."
3/25/01 Correspondence to Board: "Will my item appear on the agenda for your next meeting?"
4/2/01 Correspondence to Board: "When will you answer my questions, and when will you make public the tape made by Buchanan? Will my item appear on the agenda for your next meeting?"
4/4/01 Minutes, Item IV: "Jay O'Brien expressed his concerns regarding principal Vandro and his request to place an agenda item on the Board agenda for a future Board meeting."
4/7/01 Correspondence to Board, complying with District's 4/4/01 request for information required for item to be placed on agenda: "I suggest the following subject appear on your agenda: 'Responses to questions posed by taxpayer Jay O'Brien relative to Superintendent'."

IV. – PUBLIC COMMENT/RIGHT TO PRESENT PETITIONS
Cathi Norton stated the Rio Linda HS cheer program has restarted. She stated no administrators attended the parent meeting last Monday. She asked the Board to reconsider the reassignment of the Rio Linda HS principal Ralph Vandro.

Ashley Norton stated she supports Ralph Vandro as principal and presented him with an award. She stated a class action suit is being pursued against the district.

Deanna Collins expressed concerns regarding Rio Linda HS and the lack of an assembly to inform the students regarding the reassignment of Ralph Vandro.

Sandra Nelson expressed her concerns regarding current and future lawsuits against the district and issues of concern regarding Rio Linda HS.

Darrell Nelson stated a petition is circulating to place on the next ballot the Grant Board member recall and reorganization of the district. He requested a copy of the Winona lease.

James Domingos expressed his personal views of the Board and their actions regarding the Rio Linda HS principal reassignment.

Cheryl Austin expressed her concerns regarding low test scores in reference to a comment by a Board member and a change in priorities by the district.

Caron Vaughn re-served four Board members (Vernon, Emery, Sample, and Green) with a recall petition; she expressed her concerns regarding the reassignment of the Rio Linda HS principal.

Anne Morel stated that Rio Linda HS has completed its WASC self-study process and is ready to present to the board. The visiting team will be coming to Rio Linda HS on April 29 and invited the Board and public to attend.

Chris Jones expressed his support of retaining the Rio Linda HS principal Ralph Vandro and would like Mr. Vandro present at the graduation ceremony.

Autumn Kirkham expressed her support of Rio Linda HS principal Ralph Vandro and asked the Board to make the right decision.

Don Benson expressed his concern regarding the lost income from the Grant HS photography contract cancellation and requested this item be agendized at a future Board meeting.

Glenn Chaderis expressed support of Ralph Vandro as the Rio Linda HS principal.

Cynthia Tatoole expressed her concerns regarding the hiring of Jerry Hart and the process of Board approval. She questioned why Mr.
Burns was not present to give his PEASC report. She expressed her concerns regarding the filing of complaints.

Rich England expressed his support of Ralph Vandro as Rio Linda HS principal.

Jay O’Brien stated his request for an agenda item regarding assertions of wrongdoings/misconduct was not honored and had not heard from the district regarding his concerns. He distributed a list of concerns to the Board members.

Terri Furniss expressed her support for Ralph Vandro as the Rio Linda HS principal.

Sally "Again" expressed her concerns and support of Ralph Vandro as the Rio Linda HS principal and what is best for the students. She asked for some complaint forms.

Frederick Gayle expressed his concerns regarding the district.

May 2, 2001 GJUHSD Board of Trustees Meeting:

The board room was again packed, with standing room only. I was appalled at the arrogant actions of Board President Annette Emery, who in my opinion, did everything possible to stifle public input. The Board members, with the notable exception of Trustee Patrick Kemp, showed an indifferent attitude toward all speakers; the only animation I observed was Trustee Paul Green's interaction with Tom Reaves, the Teacher's Association President, when Reaves complained about the arbitrary evaluation process. A compelling presentation was made by teacher Edna Shoemaker on the National Teacher Certification Program; it appeared to me that most of the Trustees slept through it.

When the Grant counsel read the results of the closed session (held before I arrived), Ms. Cynthia Tatoole demanded the right to address that item. President Emery directed the arrest and removal of Ms. Tatoole from the Board chamber. I was outraged at Ms. Emery's action, as were many others. My review of this action, posted on the Rio Linda Elverta Mailing list, and printed in the May 3, 2001 edition of the Rio Linda News, is as follows:
 

Subject: [RL] Vandro illegally reassigned by GJUHSD Board?
Date: Wed, 02 May 2001 23:08:37 -0700
From: Jay O'Brien <jayobrien@att.net>
To: Rio Linda Elverta Mailing List <riolinda@vrx.net>
CC: Sandy Louey <slouey@sacbee.com>, Don Flesch <rlnews@aol.com>

A preface:

I am NOT a lawyer, but I am somewhat familiar with the Ralph M. Brown California Open Meeting Act. My opinions below are just that, and are not to be construed as legal advice.

The Brown act requires agendas to provide an opportunity for members of the public to directly address the Board BEFORE OR DURING CONSIDERATION of an item of interest to the public.

Tonight's GJUHSD Board of Trustees agenda only provides for public comments at 8:00 PM, AFTER the 6:05 PM closed session at which RLHS Principal Ralph Vandro's reassignment was agreed by a 4-1 vote of the Trustees, with Trustee Pat Kemp dissenting.

As I understand it, Cynthia Tatoole attempted to be heard, as did Dr. Jon Wolfson and others, after the Board session was opened but before the closed session. I understand no one was allowed to speak. Unfortunately I was not present and did not witness the scheduled 6:00 PM "Open Session/Call to Order" or the scheduled 6:05 PM entry into closed session.

When the Board returned from closed session and announced its action, Ms. Tatoole attempted again to address the Vandro item, claiming her right under law to do so. Board President Emery ordered the police to remove Ms. Tatoole from the public meeting at 7:52 PM, at great embarrassment to Ms. Tatoole. I was outraged, as were many others in the audience. Ms. Tatoole was allowed to return to the Board chamber and to speak during the 8:00 PM scheduled public testimony. At that time she seemed very distraught to me, certainly an expected condition after being arrested in front of her peers.

I cannot find an exception to Government Code Section 54954.3 which excludes closed session items from the public's right to speak BEFORE consideration of the item.

It appears to me that the Board's decision violates State Law because the public was denied its right to speak before consideration of the item. It appears to me that the Board's action in reassigning Vandro is thus invalid until done again, with proper consideration given to public testimony.

It appears to me that Ms. Tatoole was wrongly removed from the public meeting as she was attempting to underscore the Board's violation of the Brown Act. She certainly has a room full of witnesses.

President Emery, at 8:34 PM, in a tantrum, exclaimed "This is our Board Meeting". I trust someone got that on video tape, as it clearly shows her lack of understanding that the meeting is also the public's meeting, as assured by the provisions of the Brown Act.

It appears to me that the Board also violated the Brown Act with the Agenda itself, as prepared and posted on the website, as there is no provision for public comment before or during the items before 8:00 PM.

It appears to me that there were several illegal acts taken tonight by the GJUHSD Board of Trustees. And they had paid legal counsel present.

Jay O'Brien
 

Ralph M. Brown Act excerpt:

54954.3.  (a) Every agenda for regular meetings shall provide an opportunity for members of the public to directly address the legislative body on any item of interest to the public, before or during the legislative body's consideration of the item, that is within the subject matter jurisdiction of the legislative body, provided that no action shall be taken on any item not appearing on the agenda unless the action is otherwise authorized by subdivision (b) of Section 54954.2.  However, the agenda need not provide an opportunity for members of the public to address the legislative body on any item that has already been considered by a committee, composed exclusively of members of the legislative body, at a public meeting wherein all interested members of the public were afforded the opportunity to address the committee on the item, before or during the committee's consideration of the item, unless the item has been substantially changed since the committee heard the item, as determined by the legislative body.  Every notice for a special meeting shall provide an opportunity for members of the public to directly address the legislative body concerning any item that has been described in the notice for the meeting before or during consideration of that item.
 

Full text of Brown Act (GC 54950-54962):

ftp://www.leginfo.ca.gov/pub/code/gov/54001-55000/54950-54962

If the above doesn't work for you, Go to http://www.leginfo.ca.gov/calaw.html and Check "Government Code".

Enter 54950 as keyword and click on "Search". Then click on Government Code Section 54950-54962.

/end/

>From the Rio Linda mailing list

Following the speech class from RLHS, I counted 17 speakers during public testimony.  My testimony was as follows:

TESTIMONY PREPARED BY JAY O’BRIEN TO BE GIVEN TO GJUHS BOARD OF DIRECTORS MEETING ON MAY 4, 2001:

I am Jay O'Brien from Rio Linda.

This is no longer about Principal Vandro. This is about you, the Trustees, and your egregious lack of response to me, your constituent, a taxpayer.

I have testified before you at your last three regular Board meetings, and you have received three letters from me. Your meeting minutes confirm I asked for answers to questions. Your meeting minutes confirm I asked that questions be placed on your agenda. Your only response to me was a letter detailing your requirements for placing items on agendas. I have complied with your requirements, yet you continue to ignore me.

Not only are you ignoring me, you are ignoring students, faculty, parents and other concerned members of our Rio Linda High School community.

There is no excuse for your inaction, other than to use it as a perfect, textbook example, of nonfeasance by public officials.

You could have responded to the questions alleging your employee’s inappropriate actions by stating those were personnel items that could not be made public.

You could have responded to assertions of his illegal activity by stating that you could not discuss them because of potential legal action.

You could have responded to the charge of lies to students by stating that was also a personnel matter, covered in the very interesting “Superintendent’s Character and Reputation” paragraph of your employee’s contract.

You could have responded to the question about the alleged bribe to the cheerleaders by stating you feared a lawsuit.

The fact is that you did nothing at all!  You did not respond in any way to repeated, reasonable, requests for responses to our questions.
To me, that means you have now certified that all of the allegations in our questions to you related to the Vandro matter are factual. You, the Trustees, are responsible for all of them. It confirms what I have been told, that you are inept and non-responsive. I gave you the benefit of the doubt, but now there is no doubt.

You must be recalled.

(I planned to present each Trustee with a copy of this testimony. I decided to not offer them that courtesy based on the arrogant demeanor they showed us during the meeting, including the arrest of one attendee as she was attempting to demand her rights guaranteed under state law.)
 

Jay O'Brien's Rio Linda Elverta Links