"...In direct, face-to-face
conversation with CTA
Vice-President Dean Vogel
and CTA Board Member
Jim
Groth, on Friday, September
14, 2007, it was made
abundantly clear that the
SEA/CTA/NEA structure and
its nexus with Collective
Bargaining are in imminent
jeopardy with the Miller-Pelosi
NCLB Reauthorization
proposal. As a Union,we must
speak powerfully for our
membership. We do not
accept a marginalized role
indetermining our salaries,
benefits, and retirement. We
do not accept a marginalized
rolein our own evaluation and
transfer..."
"Now, it is a time for action!
The Miller-Pelosi NCLB
Reauthorization proposal,
should it continue unabated
and uncorrected, may
accomplish what
Schwarzenegger's plethora of
propositions, in November
2005, could not, specifically:
eviscerate Collective
Bargaining in California. To
wit:
PRESIDENT'S REPORT:
SEA President's Report
September 17, 2007
An attachment is provided to
assist in conveying OUR
MESSAGE!
...

Sincerely,
Sam L. Lucero
President, SEA
Dear SEA Members,


... Your SEA Board of
Directors are: Sam Lucero
(MVM, Full-Time Release
President), Chuck Patterson
(ORH, Vice-President), Al
Ohlendorf (BVH, Treasurer),
Rene Flores (CVH,
Secretary),
Alex Anguiano (HH, Past
President), John Ray (BTSA,
At-Large), John Orcutt (RDR,
At-
Large), James Love (CVH,
At-Large), Kathy Dyga (MoM,
At-Large), Sandra Robinson
(SYH, At-Large), Marylen
Haines (PH, State Council),
Jason Leichter (CVA, State
Council), and Marijane Moon
(SuHI, State Council).
I don't understand why SEA
doesn't like the following three
ideas.  Great teachers
should
be paid much more than
mediocre or poor teachers.

The Miller-Pelosi bill will do the
following:

1) Restricts "merit“ to student
test scores, classroom
observations, and agreement
to work in high-need schools
for four years.

2) Requires that —master
teachers“participate in
evaluations of teachers in
schools with a specific grant.
These master teachers now
performing supervisory
function.

3) District would have to match
funds for these merit pay /
"Pay for Performance“
schemes. The amount of
money available for across-
the-board salary increases or
benefits increases is subject
to dramatic reduction.
“The systematic redacting in over 1,000 pages of legal
bills of every single description of the services rendered
can only reflect a knee-jerk impulse for secrecy,” Scheer
said. “It also underscores how forgetful public officials
are that this information belongs to the public.”

Garcia himself billed the district as much as 15.3 hours in a day, and
$131,708 between July 1, 2005, and the end of May. The district has not
yet produced June's invoices.

Garcia's legal meter starts running hours before he sets foot in the board
room. In what Garcia terms “portal-to-portal” billing, he begins charging
Sweetwater $200 an hour for his time the minute he leaves Los Angeles for
a 2 ½-hour commute to Chula Vista...

...Board President Greg Sandoval said he believes Garcia
can use drive time to talk with Sweetwater staff by
phone. But when asked why the board doesn't use a San
Diego-based attorney to save on the $1,100-per-
meeting cost, he said, “I guess we're going to have to
review that.”

...However, the Sweetwater school board appears to have leaned more
heavily on attorneys than most other local boards.

Garcia attends every Sweetwater board meeting,
joined the board
for a series of interviews with superintendent candidates
during spring and sat in on a Saturday exploratory
conversation with former Chula Vista Elementary
Superintendent Libby Gil that Sandoval avoided calling a
job interview...

But the third-, fourth-and fifth-largest local districts – Poway Unified, Chula
Vista Elementary and Vista Unified – only have an attorney present at board
meetings when a particularly controversial issue is on the agenda. The next-
largest district, Grossmont Union High, has an attorney present at every
board meeting.

Garcia said he could not comment on why he was at the superintendent
candidate interviews during spring and why he's not attending this week's
interviews. Spokeswomen for the Oceanside and Poway districts said
attorneys were not present at their boards' interviews of the candidates
who now hold the superintendent jobs.

Sandoval said Garcia sat in on interviews with four Sweetwater finalists so
he could negotiate on the spot with a candidate of the board's choosing. On
the day of a special board meeting on March 2, Garcia billed Sweetwater
$3,060 for 15.3 hours of work...

In addition, Sweetwater was billed for 9.1 hours of Garcia's time on the day
the board spoke with Gil, who was never officially a candidate...

Garcia acknowledged that his time on the superintendent search probably
helped boost Sweetwater's legal bills above their average. Billings to
Burke, Williams & Sorensen were nearly $800,000 this year, Russo said.

That's up from $442,441 in 2003-04 and $102,760 in 2002-03.
CHULA VISTA – The Sweetwater Union High School District busted its
legal budget halfway through the fiscal year that ended June 30.

Sweetwater reports it spent more than $1 million on legal services for the
year, 77 percent more than in the past fiscal year, with some expenses
for June yet to be logged.

It's tough to tell why.

Through a public-records request, The San Diego Union-Tribune got
invoices documenting the district's legal bills, but the descriptions of
services rendered were redacted by order of the district's general
counsel, Bonifacio Garcia, who is based in Los Angeles...

That may be true in a few instances, but most of the information would not
give away any secrets, said Peter Scheer, executive director of the
California First Amendment Coalition.

“The systematic redacting in over 1,000 pages of legal bills of every
single description of the services rendered can only reflect a knee-jerk
impulse for secrecy,” Scheer said. “It also underscores how forgetful
public officials are that this information belongs to the public.”

Months ago Garcia presented district trustees with his findings that
Sweetwater's legal bills are in line with those of similar-sized districts in
Northern California.

[Maura's note: What a clever idea!  Ask Bonny to determine if he's paid
too much!]
Bonny Garcia has donated to the election campaigns of trustees Jim
Cartmill, Arlie Ricasa and Sandoval. Campaign finance records show
donations of $1,000 to Ricasa in 2001-02, $1,000 to Sandoval in 2002
and $975 to Cartmill in 2002.
Sweetwater attorney Bonnie Garcia and his
erstwhile associates at Williams Burke Sorenson
Sweetwater racks up large, clouded legal bill
Descriptions of services left off released forms

By Chris Moran
SAN DIEGO UNIONTRIBUNE
July 22, 2006
What kind of
administrators control
ACSA?  Region 18
Chair is Ed Brand.  
Term expires July 2009
 
Should former
Sweetwater
superintendent
Ed
Brand  direct our
SDCOE lawyers?

He is on the San Diego
County School Legal
Services Council until
2008!
Ed Brand,
Mary Anne
Weegar and
Sweetwater
(SUHSD)
As demonstrated by
the
Mary Anne Weegar
case, (also covered in
La Prensa) and many
other cases handled
by the SDCOE JPA and
legal services, Ed
Brand contributes to,
and helps enforce,
SDCOE's culture of
dishonesty and
secrecy.

Should
superintendents like
Ed Brand be in a
position over SDCOE
lawyers, when they
are the very
individuals for whose
wrongdoing SDCOE
must pay?

Isn't that putting the
fox in charge of the
hen house?  
The taxpayers have to
keep paying and
paying, while Ed Brand
violates the law.

Ed Brand directs
SDCOE lawyers to
assist him and other
school district leaders
in illegal actions!
SEA is not as secretive as
Chula Vista Educators; it has
a website and freely and
openly discusses its plans.
District crossover raises questions

Educators can have dual roles on boards

By Chris Moran
STAFF WRITER

August 4, 2007

SOUTH COUNTY – School employees commonly serve on the governing boards
of school districts that don't employ them. What makes a case in South County
different is three administrators' dual roles at
Southwestern College and
the Sweetwater Union High School District, because they're in positions to vote
on each other's budgets and salaries.

Greg Sandoval is interim president of Southwestern and a member of the
Sweetwater board. Arlie Ricasa is director of student activities at Southwestern
and is on the Sweetwater board. Jorge Dominguez is director of the Educational
Technology Department at Sweetwater and a member of the Southwestern board.

The arrangement is legal. Governance ethicists raise questions about
appearances, though, especially when the crossover votes occur as close
together as they have recently.
How close?

In May, Sandoval joined the majority in a 3-2 vote rejecting $500,000 for
Dominguez's department.

Sweetwater Superintendent Jesus Gandara said he was shocked by the vote
because he considers training educators in technology essential to the district's
success.

Gandara brought the item back for reconsideration in June. Sandoval changed
his mind – and the outcome of the vote. The $500,000 was restored on a 3-2
vote. Ricasa voted for the funding both times.

Nine days after his department's funding was restored, Dominguez joined a
unanimous college board in approving raises for Sandoval, Ricasa and 19 other
administrators. The amount of the raise will be calculated later based on state
funding.

When asked whether he had considered recusing himself from the vote
on the raises, Dominguez said he thought he had done so.
It had been his
intent to recuse himself, he said, but he may have inadvertently cast a vote
because he was distracted by a controversy at the same meeting over whether to
extend a vice president's contract and whether to give that vice president a raise
that split the board 3-2.

Dominguez said that if he voted for Sandoval's raise, “I will definitely look at
changing my vote on that.”

Robert Fellmeth, director of the Center for Public Interest and the University of
San Diego School of Law, and Bob Stern, president of the independent, nonprofit
Center for Governmental Studies in Los Angeles, said Dominguez deserves
praise if he recuses himself, even if it's after the fact.

There's no inherent conflict of interest in being a board member one place and
an employee in another, Fellmeth said.

“If anything, you're probably more qualified than most to sit on the other board,”
he said.

South County is replete with examples.

Chula Vista school trustee Bertha Lopez teaches at an elementary school in
National City. Mountain Empire Unified School District Superintendent Patrick
Judd serves on the Chula Vista school board. Sweetwater trustee Pearl Quiñones
works for the San Ysidro School District. South Bay Union School District board
President Althea Jones works for the San Diego Unified School District.

But the Southwestern-Sweetwater overlap creates an appearance of possible
conflict, Stern said.

“You can't have two masters, so the question is, 'Where is your loyalty?' ” he
said. “I really think that they need to re-evaluate whether they should be on each
other's boards.”

Sandoval said he saw no conflict of interest in his two votes on funding for
Dominguez's department. Sandoval said he votes on recommendations that
come from the Sweetwater superintendent, not from Dominguez. Gandara made
a better case for the funding and provided more specifics the second time
around, Sandoval said.

He said he's conscientious about consulting with Sweetwater's attorneys to steer
clear of improper votes. He said, however, that he may have to go one step
further and seek legal counsel on how to avoid even appearances of impropriety.

Dominguez and Sandoval both denied making any deal to swap votes. The two
must regularly communicate about Southwestern College issues, but both said
they haven't discussed Sandoval's Sweetwater votes.

The biggest problem of appearance with overlapping jurisdictions is the potential
for a deal for personal gain, Fellmeth said...
Sweetwater Union High School District (SUHSD)
Sweetwater
Education
Association
Griego
endorsement
puzzles some

Re: "Davis and Griego/Their
experience can improve
Chula Vista," (Editorial, Feb.
25):

I am so disappointed that
the Union-Tribune would
support a candidate like Bob
Griego for Chula Vista City
Council, considering what
you already know about him.

I worked with Griego at the
Otay Water District and can
tell you first hand he had
plenty to do with the
problems there. He was not,
as your paper suggests, part
of the solution; he was part
of the problem and
continues to be part of the
problem. Griego was the
general manager who
secretly hired Bonafacio
"Bonny" Garcia as legal
counsel when the district
already had in-house legal
counsel.

It was not a coincidence that
Garcia is also the legal
counsel for Sweetwater
Union High School District,
on whose board Griego sits,
and an associate of Jaime
Bonilla, who bought a seat
on the Otay board. Since
December 2000, Bonny
Garcia has charged the
district almost $1 million for
legal expenses. In-house
legal counsel salary was
$130,000 a year.

As far as Griego's story that
he quit and only came back
after the board promised to
behave, the facts are that
Griego did quit, but
immediately became a
"consultant" collecting his
$145,000 a year salary.
When he did come back, he
received a $25,000 raise
and a district automobile. No
one at the district can tell me
what he did as a
"consultant."

Griego was quoted in a
Union-Tribune article when
he quit saying he was doing
so because he did not want
to have a conflict of interest
while running for the City
Council seat. Suddenly, that
conflict of interest is not a
concern to him.

Under Griego's
management at Otay,
public information and
reports have been
selectively withheld from
some board members,
contracts have been
awarded through improper
procedures and the district's
environmental program
ceased to exist, prompting a
warning from the state
Department of Fish and
Game.

There must be a reason why
two Chula Vista City Council
members, the mayor, law
enforcement, firefighters, the
city employees' union and
La Prensa are opposed to
Bob Griego. Experience is a
good thing, but not the kind
Griego has.

DONNA BARTLETT-MAY
Spring Valley

Before electing Bob Griego,
Chula Vista voters should
remember the scandal
ending his employment as
deputy chief administrative
officer for San Diego County.

To refresh your memory and
quote the Union-Tribune
from a July 2000 article:
"Griego's departure came
not long after an audit
showed he had used county
staff, time and equipment to
do business for the
Sweetwater High School
District, where he has been
a board member for eight
years. The audit also
showed he had attended
173 school-related
meetings on workdays in a
two-year period."

Nothing has changed in the
way he does business as
general manager of the Otay
Water District. Chula Vista
residents can expect that if
Griego is elected, he will
continue his past practices
and misuse city staff and
abuse city hiring policies to
achieve his political goals,
while dispensing jobs and
other favors to those who he
perceives to be his loyal
supporters.
JAMES CLEMENTS
El Cajon

You state that as a 12-year
member of the Sweetwater
Union High School District
governing board, Griego
gets "high marks from some
of his colleagues." Now
there's a lofty testimonial.
Why not high marks from all,
or even most, of them?

Maybe because most of
them remember the SUHSD
scandal in 1995 and the
close call Griego
experienced in the resulting
recall election. That's
probably good experience to
bring to Chula Vista city
government.

Griego says his position
with the Otay Water District,
an agency the city of Chula
Vista wants to acquire,
should not present a
problem for him as a City
Council member. Huh? He
also claims the turmoil at
the Otay Water District is not
his fault, and when its board
members got crazy, he quit
and wouldn't return until they
calmed down. Is this a trait
the people of Chula Vista
and the Union-Tribune find
attractive? What will Griego
do when things get a little
crazy around the council
chambers? Take his
impressive record of public
service and go home?

CHARLIE CASSENS
Lake Havasu City

The letter writers are former
Otay Water District
employees.
Sweetwater USD
board member  
Greg Sandoval
resigns as VP of
Southwestern
College
Sandoval accused
of harassment

By Chris Moran
June 13, 2008

Southwestern College's
governing board has approved
the resignation of its vice
president for student affairs
after a sexual harassment
claim was filed against him.

Greg Sandoval, a career South
County college administrator,
submitted his resignation last
week, but this week he asked
college President Raj Chopra
to withdraw it, a college
spokeswoman said. Chopra
refused, the spokeswoman
said...

Trustee Jorge Dominguez voted
against approving the
resignation...
A student services employee ...
accused Sandoval of sexual
harassment in an
administrative claim filed with
the college.
The governing
board denied the claim
Wednesday night...

Dominguez, the lone vote
against Sandoval's
resignation, works for the
Sweetwater Union High School
District, where Sandoval is a
board member.

Their crisscrossing affiliations
put them in a position to vote on
matters benefiting each other,
and Dominguez pledged to
recuse himself from future
votes on Sandoval after being
asked about it by The San
Diego Union-Tribune last year.

A grand jury report released last
month made note of a
reciprocal relationship between
unnamed high school and
college trustees. Dominguez
confirmed at the time that the
report was referring to him. The
report praised the college
trustee for recusing himself
from further votes concerning
the high school trustee...

Agosto, the board president,
said he recused himself
because he has known
Sandoval since the 1970s. “My
vote would be biased,” Agosto
said.

Sandoval has been a vice
president at the college for five
years, and last year served
about 5½ months as the
college's interim president. He
has also served on the
Sweetwater school board since
1994.

Lopez's resignation was
unanimously approved by the
board Wednesday night. His
attorney did not return a call late
yesterday afternoon.
[Sorry, the link to the San Diego Union Tribune no longer works.  
Maybe Mr. Garcia pressured them to hide the story.]
Link  (This link is now broken.)
Lawsuit Against Chula
Vista Educators
and former President
Gina Boyd 2007
CTA Lawyers
Ann Smith
Fern Steiner
Bernhard Rohrbacher
Beverly Tucker
Michael D. Hersh
Michael D. Four
Glenn Rothner
Lawsuit Against CTA and
CVE (Donlan coverup)
More stories and commentary:

CVESD Reporter
(Jaime Mercado and Bertha Lopez)
2006 vote

Board Member;
Sweetwater Union High
School District

Seat 1
Jim Cartmill
39947 votes 61.48%
Lorenzo Provencio
25033 votes 38.52%


Seat 3
Greg R. Sandoval
38763 votes 60.03%
Archie McAllister
25815 votes 39.97%

[2008 update: Archie
McAllister is endorsed
by the Republican party
for CVESD board in
2008 in his race against
David Bejarano.  I'm a
Democrat, and I also
prefer McAllister.]


Seat 5
Arlie Ricasa
37990 votes 60.21%
Ed Herrera
25102 votes 39.79%
Shall GREG R.
SANDOVAL be recalled
(removed)  from Seat No.
3 of the Governing Board
for  Sweetwater Union
High School District?         
                   
          
=====================
=====================
==                      
            YES   6,805     
41.51      
NO   9,588     58.49      
                                         
                     To succeed
GREG R. SANDOVAL
should he be   recalled by
this special election.          
                      
          
=====================
===================    
                      
            BOB WHITE          
                        5,780     
59.33      
            DONALD M.
SWANSON, SR.                 
    
3,962     40.67      
                                         
                     Shall
ROBERT GRIEGO be
recalled (removed)  from
Seat No. 4 of the
Governing Board for         
Sweetwater Union High
School District?                 
           
          
=====================
=====================
                       
            YES    7,229     
43.73      
NO    9,303     56.27      
                                         
                    To succeed
ROBERT GRIEGO should
he be       recalled by this
special election.                
                
          
=====================
================          
                   
            NORMAN
YAGGIE                             
 5,235     50.30      
            ALYCE ARNOLD  
              3,571     34.31     
 
            DENNIS J.
McCARTHY      1,601     
15.38      
                                         
                                   
                                         
                                   
SWEETWATER
UNION HIGH
SCHOOL DISTRICT  
                               
 RECALL ELECTION
                               
 Tuesday, February
27, 1996

Shall STEVE HOGAN be
recalled (removed)       
from Seat No. 2 of the
Governing Board for       
Sweetwater Union High
School District?               
             

YES      7,195     45.59   
   
NO        8,587     54.41   
   

           
To succeed STEVE
HOGAN should he be     
recalled by this special
election.                          
      

LARRY E.
CUNNINGHAM    
           
         3,250     32.06      
LORENZO PROVENCIO
3,227     31.84      
LITA DAVID                    
 2,519     24.85      
WALDRON SALLY
JANKE                        
1,140     11.25       

Statistics as of
August 2008

Year established: 1920

Enrollment: 42,662

Grades: 7-12

Superintendent:
Jesus M. Gandara

Address:
1130 Fifth Ave.,
Chula Vista
District picks firm to design new school
By Chris Moran
SDUT
May 11, 2005

CHULA VISTA – The Sweetwater Union High School District board split on
choosing an architect for a 4,000-student school Monday night, ultimately siding
with professional planners over two board members who favored an architect
who bankrolls a political action committee that supports board incumbents.

The board voted 3-2 for Trittipo Architecture and Planning, a firm recommended
by an architect selection committee, the district's chief operating officer and its
director of planning and construction.

Board members Greg Sandoval and Pearl Quiñones did their own interviews of
firms and recommended Martinez + Cutri, which has designed the last five
Sweetwater schools. The firm has also directly and indirectly contributed
thousands of dollars to four of the five board members' campaign committees.
Initially, a six-person district committee reviewed 10 firms and identified four as
finalists. Trittipo was among them. Martinez + Cutri was not. The committee
selected Trittipo as the top firm in March.

At the April board meeting, Sandoval said new presentations were in order
because firms had been pitching a concept for a creative and performing arts
school for seventh-through 12th-graders in eastern Chula Vista. District polling
later indicated that an arts school was not the community's preference, and the
arts theme was dropped.

Martinez + Cutri was invited back into the pool of candidates, and a finalist firm
dropped out.

In late April, the board's finance and facilities subcommittee, which consists of
Sandoval and Quiñones, interviewed and scored the four firms. So did Bruce
Husson, Sweetwater's chief operating officer, and Katy Wright, the district's
planning director.

Sandoval ranked Martinez highest. Quiñones ranked Trittipo and Martinez
equally. Husson and Wright – who are not board members and therefore not
subcommittee members – both gave Trittipo the highest marks. So the staff
recommendation stayed with Trittipo, but the subcommittee proposed the board
hire Martinez.

Martinez + Cutri directly contributed $250 to Quiñones' re-election campaign
last year and $750 to board member Arlie Ricasa four years ago.

The firm also contributed about $25,000 in cash and services to the Bahia Del
Sur political action committee last year, as well as $27,000 in 2002. Bahia Del
Sur in turn has donated to the campaign committees of four current board
members in the past three years: Quiñones ($10,000 last year), Ricasa ($9,000
in 2002), Sandoval ($10,000 in 2002) and Jim Cartmill ($10,000 in 2002). Jaime
Mercado – who was elected to the board in November – has received no money
from either Martinez or Bahia Del Sur.

On Monday night, Cartmill, Ricasa and Mercado voted for Trittipo. Sandoval and
Quiñones voted for Martinez...
Castle Park High School
Dan Shinoff prolongs Title IX
problems
Blog posts about SUHSD

Castle Park High School
Title IX problems

Former Supt. Ed Brand

Mary Anne Weegar

Bonny Garcia
Coach James "Ted" Carter v.
Dianna Carberry
Dianna Carberry v. Jesus Gandara
Jesus Gandara on CVESD
Reporter
School
Construction
Firm Faces
Fine for
Campaign
Finance
Violations

The Seville Group Inc.,
which is one of two
companies jointly
managing the bond
program for Sweetwater
Union High School
District, is facing a
proposed $44,500 fine
from the Fair Political
Practices Commission
for failing to file
campaign statements
and contribution reports
on time.

The late reports include
several contributions to
campaigns for
Sweetwater school
board members,
including Jim Cartmill,
Pearl Quinones and
Greg Sandoval, and for
the bond, Proposition
O., itself. Overall, Seville
Group faces 19 counts
for late filings over the
past five years, some of
which happened more
than three years after
the legal deadline.

The FPPC website
does, however, state
that Seville Group did
take steps to remedy
the problems, including
hiring a professional
group to prepare
campaign statements,
and reporting its own
violations to the FPPC.
The commission will
decide whether to
approve the fine at a
meeting next Thursday.

Seville was chosen to
manage the Sweetwater
bond program two years
ago in a process that
proved controversial
with some members of
the last bond oversight
committee. Read more
about that issue here.

-- EMILY ALPERT
September 3, 2009
Ranking High No Guarantee of Winning Work in
Sweetwater
By EMILY ALPERT
Voice of San Diego
Aug. 24, 2009

To decide which attorneys should help advise Sweetwater Union High School
District on its $644 million construction bond two years ago, employees and
outside experts interviewed four firms. They ranked them on their experience,
their credentials and their fees.

Two of the four seemed unlikely to get the job. Bowie, Arneson, Wiles & Giannone
was ranked third.
Garcia Calderon & Ruiz, was ranked last.

Yet two months later, both were hired over higher ranked firms. District staff said
Bowie had helped sit on the committee that proposed the bond and would charge
less than the competition. Garcia had "experience and knowledge of the district."
The interview committee decided to override its own rankings, Chief Financial
Officer Dianne Russo later explained.

It had happened before. As Sweetwater hired help to spend the $644 million that
Proposition O authorized for school construction, the district repeatedly ignored
its own rankings of consultants.

Superintendent Jesus Gandara pushed for an architect that built schools he liked,
even though it ranked lower than others. Sweetwater chose a company to
manage the construction bond that wasn't initially ranked first. Another company
got points in its ranking for being local, but still rated lower than nine other firms.
School officials moved it to the top anyway because it was a local company. Their
recommendations then went to the school board for approval.

To gauge how closely rankings were being followed, voiceofsandiego.org
reviewed the scores for five major functions of the facilities bond. Lower-ranked
companies won work four of the five times.

The rankings are compiled by employees and outside experts in
facilities, finance or the law. Firms are ranked on clear, agreed
criteria.
But getting the highest ranking doesn't guarantee that a company will
get hired. School officials say rankings aren't final decisions, only the beginning of
a process in which numerous other factors can intervene. Interviews and records
show that Sweetwater often picked companies based on intangible factors that
were not included in the rankings.

Choosing a company based on factors that aren't quantified in a ranking "is the
least transparent (method) and it is the most subjective," said Tad Parzen,
formerly general counsel for San Diego Unified. "But the best decisions aren't
always made on quantitative information."

Those factors are often invisible to the public, unlike the listed criteria in rankings.
That makes it difficult to gauge why a company was chosen and whether the
process was fair. And when companies with lower scores are picked because of
other factors, it appears to render the rankings irrelevant.

The rankings became controversial when Sweetwater chose a program manager
for the bond. The program manager schedules construction projects, tracks costs
and documents progress. Nick Marinovich, a community member who sat on the
oversight committee for an earlier school construction bond, complained about
the process for picking the new program manager, Gilbane/Seville Group Inc.,
which had ranked lower than another company.

"The superintendent steered it the way he wanted it to go. It was bogus," said
Marinovich, who has worked for more than a dozen years as a project manager
with the county of San Diego and briefly for the losing company. Marinovich said
in his experience elsewhere, it's "very rare" that the highest-ranked company
wouldn't be chosen.

School districts and other government agencies have wide latitude to decide who
to choose when hiring professionals such as architects or attorneys. They do not
have to choose the lowest bidder, nor do they have to follow any particular
process to pick the winner. They don't have to rank candidates, as Sweetwater
has repeatedly done. The law says only that for architects and engineering
services, government agencies must use a "fair, competitive selection process"
untainted by conflicts of interest.

No such conflicts are apparent in Sweetwater. Some seemingly unlikely winners
did donate to help the campaign convince voters to pass the construction bond in
2006 or elect school board members. But other winning companies gave less
than their competitors or not at all. Neither Gandara nor the school board
members report having any financial interest in the firms.

Unlike Marinovich and other community members who oversaw the last round of
construction projects, members of the new oversight committee for Proposition O
said they don't get involved in decisions about which companies to pick, nor would
they second guess them. Rudy Gonzalez, who leads the oversight committee for
the bond, said he ultimately didn't care how the companies were chosen as long
as the bond was run well.

Not every winner was an unlikely one. Sweetwater opted for the same financial
advisor that its panel of interviewers ranked as the best. But firms with lower
rankings were repeatedly picked:

* Sweetwater chose the two law firms, Bowie and Garcia, that were
ranked lowest by interviewers. One interviewer wrote that he wouldn't
recommend Garcia at all because the firm already worked for the district
in a different legal capacity and he wanted to see "checks and balances."

Russo, the district's chief financial officer, said the rankings were only the prelude
to a discussion where the interviewers decided which firms they wanted to
recommend. They chose not to recommend the highest-ranking firm because it
had been used before, Russo said, and the school district wanted to give another
firm a chance. So it chose Bowie instead.

Russo said their recommendations then went to Gandara to choose the top
candidates to send to the school board for approval. When asked why the
staffers ranked candidates if the rankings weren't used to thin the herd, Russo
said: "I don't know. I guess we didn't have to." She said they were nonetheless
useful because they helped staff decide if any companies were ineligible.
* To pick an architect, Sweetwater first screened dozens of applications and
eliminated more than half. A panel then interviewed nine architects. Two firms that
it ranked at the bottom of the list were later recommended to the school board
over other, higher ranked firms, along with some of the top ranked firms.

School district spokeswoman Lillian Leopold said one architect was recommended
because it was local. Another winner, Ruhnau Ruhnau Clarke, had built two local
schools that Gandara considered better looking than most in Sweetwater. The
company was ultimately recommended to the school board despite having been
ranked second-to-last. It was founded in Riverside and has a Carlsbad office.

"If I wouldn't have participated in that process, Ruhnau Ruhnau and Clarke -- who
is local -- would have been cut out," Gandara said. "What a shame if that would
have happened."


* School districts with construction bonds typically hire a program manager, a
company that supervises the multi-million-dollar effort. An initial interview panel
comprising district staff and outsiders ranked Harris Gafcon first among the
companies competing to manage the bond. It was the program manager for the
district's last facilities bond.

But when the choice went to a second interview panel, another company emerged
as the winner. Gandara said all but one interviewer chose Gilbane/Seville Group
Inc. Meeting minutes indicate that then-facilities director Ramon Leyba said
Gilbane/Seville "had a better sense of what diversity meant" than did Harris, and
would do a better job of increasing minority hires among contractors.

Gandara said Sweetwater had good reasons for weighing other factors besides
Harris Gafcon's ranking. He was displeased with renovations done under the last
bond at Sweetwater High School. Stucco around new windows didn't match the
surrounding building. Rain gutters on the buildings were twisted.

"Here's the bottom line. You can talk about process -- should you have filled out a
form, could there be more transparency -- but the average person out there
wants to know, 'Are you giving me a better product at the same cost as before?'"
Gandara said.

Not everyone was swayed. Marinovich wrote a letter to the school board
questioning the process. Dan Malcolm, who led the oversight committee during
the previous bond, said Harris had done a good job and it seemed unusual that
the highest ranked firm would not win.

* Sweetwater also needed a company to sell bonds to investors, known as a bond
underwriter. Among the bond underwriters who competed to work in Sweetwater,
a lower-ranked company, Alta Vista Financial, got moved to the top of the pack
because it was a small local firm, Russo said. It was pushed ahead of nine firms
with equal or better rankings, even though it had already gotten added points in
the ranking for being a local firm.
Sweetwater Education Association (SEA)
The Battle for Montgomery
High
Southwestern
Community
College
"Sweetwater’s legal budget is $750,000, but it paid the law firm $1.2
million two years ago and at least $904,000 last year."

See all blog posts about Bertha Lopez.

Law firm gets caught between agencies
Otay water district’s attorney steps aside, stays on with Sweetwater schools
SDUT
By Tanya Sierra
January 5, 2011

A law firm that represents two South Bay governments, a school board and a water district,
has had to drop one because of an apparent dispute between the agencies.

Garcia Calderon Ruiz, LLP, has tendered its resignation to the Otay Water District board after
10 years, in a letter saying partners had “been placed in the middle of adversarial
relationships that have developed between members of the Otay board of directors and the
board of trustees of the Sweetwater Union High School District.”

The firm would not elaborate.

The president of the Otay water board, Jaime Bonilla, said he may have caused the rift by
making an offhand comment to one of the attorneys at the firm.

Bonilla is friends with Bertha Lopez, a board member of the Sweetwater Union High School
District who is being sued by a district admistrator who accuses her of meddling in the
alternative education department. Lopez says she was just doing her due diligence as a
board member.

Bonilla commented to a Garcia Calderon Ruiz attorney that he thought Lopez was being
treated unfairly.

Bonilla said he was later informed by the law firm that Sweetwater officials issued an
ultimatum — either Otay went away as a client, or Sweetwater would.

The firm chose to drop Otay, which also has Bertha's husband Jose Lopez on its board.

The decision will cost the firm about $500,000 a year from Otay, but will allow it to keep
making about $1 million a year representing the Sweetwater schools.

Sweetwater’s legal budget is $750,000, but it paid the law firm $1.2 million two years ago
and at least $904,000 last year.
2009 Voice of San Diego
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No Guarantee of Winning Work in
Sweetwater

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Sweetwater legal fees effort fizzles
Proposal to fund them for 3 current and one former official dies
Jan. 31, 2012 UTSD
Shame on the teachers union for not calling a halt to corruption years earlier. There were
articles for years in the San Diego Union Tribune about the strange legal fees paid to Bonny
Garcia. Why was CTA silent? Because CTA gets cooperation behind the scenes from
corrupt board members in most districts.
DA: 5 Charged in School Corruption Case
Investigators call it a corrupt, "pay-to-play" bribery scheme
By Sarah Grieco
NBC San Diego
Jan 4, 2012
I think that skimming money off an agency is not as serious as subverting the functioning of
the agency. Of course, skimming money does undermine the agency, but often it's a small
potatoes operation. The folks who use agencies for their personal goals and those of their
political allies might not skim as much money illegally, but often they take vastly larger sums
legally. They do it in plain sight.