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Dust Devil Settles in Southwest High’s Dumped-Dirt Debacle

On June 18, 10News first reported on the Southwest dirt pile and stated that soil testing revealed the dirt was contaminated. Interim school-district superintendent Ed Brand told 10News that he had inherited the problem from former superintendent Jesus Gandara — who has been indicted for bribery and other charges connected with the district. Brand told 10News, “I can’t tell you specifically where it came from. I believe it was a group of volunteers that brought the dirt in.” Really, Dr. Brand? You expect us to believe that this was a problem with overzealous volunteers? The paper trail comes to a completely different conclusion. On April 29, 2011, then Principal, Maria Armstrong signs a Permission to Deposit Dirt form, giving Southland Paving, Inc. permission to dump dirt on Southwest High School's property. (ref. PtDD Form) This dirt is dumped by numerous DUMP TRUCKS. (ref. Resolution 4121, Mar.12,2012) In a letter to Lora Duzyk, Assistant Superintendent, SDCOE, dated January 27, 2012, Dianne Russo, Interim Deputy Superintendent, SUHSD states, "Last year, without notifying the district or obtaining district approval from either Planning or Maintenance Departments, the Southwest High School administration had an enormous amount of free, untested soil placed on the edge of the football field." (ref. as stated, Letter signed by both Dianne Russo and Dr. Brand) SDCOE replies in a letter dated February 28, 2012, sent specifically to Dr. Brand granting an emergency waiver to deal with the dirt. The letter states "The site staff had the free, untested soil placed at the school without obtaining appropriate district approval but was unaware that it contained large rocks and stones and was dumped over the main drain." (ref. as stated) On March 12, 2012, at the regular board meeting, Item R-9 specifically states "... the Southwest High School administration had an enormous amount of untested soil placed on the edge of the football field. Southwest High School received the untested soil for free, but did not obtain the required approval from either maintenance or planning departments prior to having the soil unloaded." (ref. Resolution 4121) Sometime prior to July 17, 2012, some of the dirt had been hauled. However, hauling was ceased on that date after 1,771 TONS of dirt had been hauled. (ref. Letter from Dianne Russo to Larry Moore, Branch Manager, Advanced Chemical Transport, Inc.)
— July 29, 2012 12:22 p.m.

Public Input Stifled at Sweetwater's Board Meeting

MEETING CONDUCT (continued) Public Participation Members of the public are encouraged to attend Board meetings and to address the Board concerning any item on the agenda or within the Board's jurisdiction. So as not to inhibit public participation, persons attending Board meetings shall not be requested to sign in, complete a questionnaire, or otherwise provide their name or other information as a condition of attending the meeting. In order to conduct district business in an orderly and efficient manner, the Board requires that public presentations to the Board comply with the following procedures: 1. The Board shall give members of the public an opportunity to address the Board on any item of interest to the public that is within the subject matter jurisdiction of the Board, either before or during the Board's consideration of the item. (Education Code 35145.5, Government Code 54954.3) 2. At a time so designated on the agenda at a regular meeting, members of the public may bring before the Board matters that are not listed on the agenda. The Board shall take no action or discussion on any item not appearing on the posted agenda, except as authorized by law. (Education Code 35145.5, Government Code 54954.2) 3. Without taking action, Board members or district staff members may briefly respond to statements made or questions posed by the public about items not appearing on the agenda. Additionally, on their own initiative or in response to questions posed by the public, a Board or staff member may ask a question for clarification, make a brief announcement, or make a brief report on his/her own activities. (Government Code 54954.2) Furthermore, the Board or a Board member may provide a reference to staff or other resources for factual information, ask staff to report back to the Board at a subsequent meeting concerning any matter, or take action directing staff to place a matter of business on a future agenda. (Government Code 54954.2) 4. The Board need not allow the public to speak on any item that has already been considered by a committee composed exclusively of Board members at a public meeting where the public had the opportunity to address the committee on that item. However, if the Board determines that the item has been substantially changed since the committee heard the item, the Board shall provide an opportunity for the public to speak. (Government Code 54954.3) (cf. 9130 - Board Committees)
— July 26, 2012 6:18 p.m.

Public Input Stifled at Sweetwater's Board Meeting

Bylaws of the Board BB 9121(a) PRESIDENT The Board of Trustees shall elect a president from among its members to provide leadership on behalf of the Board and the educational community it serves. (cf. 9000 - Role of the Board) (cf. 9005 - Governance Standards) (cf. 9100 - Organization) The president shall preside at all Board meetings. He/she shall: 1. Call the meeting to order at the appointed time 2. Announce the business to come before the Board in its proper order, however, the board president may adjust the order of business as appropriate for each meeting 3. Enforce the Board's policies relating to the conduct of meetings and help ensure compliance with applicable requirements of the Brown Act 4. Recognize persons who desire to speak, and protect the speaker who has the floor from disturbance or interference Bylaws of the Board BB 9323(a) MEETING CONDUCT Meeting Procedures All Board of Trustees meetings shall begin on time and shall be guided by an agenda prepared in accordance with Board bylaws and posted and distributed in accordance the Ralph M. Brown Act (open meeting requirements) and other applicable laws. (cf. 9322 - Agenda/Meeting Materials) The Board president shall conduct Board meetings in accordance with Board bylaws and procedures that enable the Board to efficiently consider issues and carry out the will of the majority. (cf. 9121 - President) The Board believes that late night meetings deter public participation, can affect the Board's decision-making ability, and can be a burden to staff. Regular Board meetings shall be adjourned at 10:00 p.m. unless extended to a specific time determined by a majority of the Board. The meeting shall be extended no more than once and subsequently may be adjourned to a later date. BB 9323(b)
— July 26, 2012 6:17 p.m.

Public Input Stifled at Sweetwater's Board Meeting

"Trustee Bertha Lopez challenged the arbitrary shortening of speakers' time and asked to have the board vote on the issue. However, Quiñones asserted she had obtained the opinion of legal counsel to support her action." Pearl Quinones can say all she wants. As President, she is supposed to run the meeting in accordance with both Board Bylaws and the Brown Act. I have included most of the pertainent references below. Read them and make up your own mind. Remember, when you read the word "shall," that word means "WILL." Bylaws of the Board BB 9005(a) GOVERNANCE STANDARDS The Board of Trustees believes that its primary responsibility is to act in the best interests of every student in the district. The Board also has major commitments to parents/guardians, all members of the community, employees, the state of California, laws pertaining to public education, and established policies of the district. To maximize Board effectiveness and public confidence in district governance, Board members are expected to govern responsibly and hold themselves to the highest standards of ethical conduct. GOVERNANCE STANDARDS (continued) 1. Keep the district focused on learning and achievement for all students 2. Communicate a common vision (cf. 0000 - Vision) (cf. 0100 - Philosophy) (cf. 0200 - Goals for the School District) 3. Operate openly, with trust and integrity 4. Govern in a dignified and professional manner, treating everyone with civility and respect 5. Govern within Board-adopted policies and procedures (cf. 9310 - Board Policies) 6. Take collective responsibility for the Board's performance 7. Periodically evaluate its own effectiveness (cf. 9400 - Board Self-Evaluation) 8. Ensure opportunities for the diverse range of views in the community to inform Board deliberations
— July 26, 2012 6:16 p.m.

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