Res. 15-1 Clay

West Contra Costa Unified School District

Citizens Bond Oversight Committee Resolution 15-1 Dennis Clay Allegations

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CBOC RESOLUTION 15-1 2

Dennis Clay Allegations 3

Whereas: 4

California Education Code(CEC) 15278(b) provides that the WCCUSD 5

Independent Citizens Oversight Committee . . . shall be to inform the public 6

concerning the expenditure of bond revenues. The citizens oversight committee 7

shall actively review and report on the proper expenditure of taxpayers money for 8

school construction. 9

CEC 15264(c) provides that it is the intent of the California Legislature that the 10

WCCUSD Citizens Bond Oversight Committee . . . promptly alert the public to 11

any waste or improper expenditures of school construction bond money. CEC 12

15264(d) states, . . .unauthorized expenditures of school construction bond 13

revenues are vigorously investigated, prosecuted. . . 14

WCCUSD Board Policy (BP) 7214.2 section 1provides that the Independent 15

Citizens Bond Oversight Committee ... actively review and report on the 16

expenditure of taxpayers money for school construction. This Board Policy 17

further proscribes that the WCCUSD Independent Citizens Oversight Committee 18

receive and review copies of the annual bond program performance audit reports 19

and annual bond program financial audit reports. 20

Dennis Clay, a WCCUSD Project Analyst for the past eleven years, on April 22, 21

2015 sent to the Board of Education a CD of documents pertaining to the 2014 22

Performance Audit report, an Executive Summary and a 2015 Update. 23

The CBOC has an obligation to review and investigate Dennis Clays allegations. 24

Ivette Ricco, CBOC Chair, has established a CBOC Ad Hoc Data/Review 25

Subcommittee to review Dennis Clays allegations and documents in support of his 26

allegations. The current members of this Subcommittee are: Ivette Ricco, 27

Subcommittee Chair, Peter Chau, Anton Jungherr, Kelvin Love, Maureen Toms 28

and Orlandus Waters. 29




On April 29, 2015 the Board of Education agreed, As a Board, we are committed 30

to pursuing an independent forensic examination of the issues raised in the 31

complaint and we have set forth a process to do so. 32

On May 6, 2015, the Board of Education amended the April 29, 2015 minutes to 33

include steps the Board had previously agreed to taking toward the independent 34

investigation process which included hiring of an independent attorney not having 35

worked with the district in the past and choosing a forensic auditor. 36

Be it Resolved That: 37

Pursuant to CEC 15264(d), the CBOC finds that Dennis Clays allegations are 38

within the purview of the CBOCs oversight duties. The CBOC further finds that it 39

has an obligation to investigate Dennis Clays allegations to ensure the publics 40

faith in the WCCUSD Bond Program. 41

The CBOC ratify the Chairs establishment of the Data/Review Ad Hoc 42

Subcommittee as provided for in Section 9 of the CBOC By-Laws. 43

Appoint Ivette Ricco as the CBOC liaison for ongoing examination of Dennis 44

Clays allegations. 45

Post Mr. Clays Documents to the CBOC website. 46

Post all additional public documents as they become available in regards to this 47

forensic examination to the CBOC website. 48

The CBOC, through designee(s), participate in the Board of Educations Request 49

for Proposals process for an independent attorney and forensic auditor. 50

The CBOC, through designee(s), participate in the selection process for the 51

independent attorney and forensic auditor. 52

This matter be an agenda item on the next joint Board of Education/CBOC 53

meeting. 54

A joint Board of Education/CBOC meeting be scheduled by the end of 2015, with 55

this matter as an agenda item. 56

The CBOC, either as a whole or by designee(s), participate in the attorney and 57

forensic auditor entrance conference(s). Include this provision in the WCCUSD 58

agreements with the attorney and forensic auditor. 59




The CBOC, either as a whole or by designee(s), participate in the attorney and 60

forensic auditor exit conference(s). Include this provision in the WCCUSD 61

agreements with the attorney and forensic auditor. 62

The attorney and forensic auditor shall deliver the same progress reports directly to 63

the CBOC as delivered to the Board of Education. Include this provision in the 64

WCCUSD agreements with the attorney and forensic auditor. 65

The attorney and forensic auditor shall deliver draft and final reports directly to the 66

CBOC at the same time as these reports are issued to the Board of Education. 67

Include this provision in the WCCUSD agreements with the attorney and forensic 68

auditor. 69

This Resolution 15-1, adopted by the Data/Review Subcommittee on May 20, 70

2015, shall be placed on the CBOC May 27, 2015 agenda for action. 71

This Resolution 15-1, if adopted by the CBOC on May 27, 2015, shall be 72

immediately forwarded to the Board of Education with a request that it be placed 73

on its June 10, 2015 Board of Education agenda for action. Further, that Chair 74

Ricco request time under the Boards Opening Procedure and that Resolution 15-1 75

be published in the Boards June 10, 2015 agenda package. 76

The CBOC issue press releases on the progress on this investigation. 77

The CBOC have an agenda item on this matter at each meeting. 78

The CBOC prepare and send to the community regular progress reports regarding 79

Dennis Clays allegations. 80

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Approved by the CBOC Ad Hoc Data/Review Subcommittee on May 20, 2015 88

by a roll call vote: yes, no, abstentions, absent 89

Ivette: Yes. Kelvin: Yes. Anton: Yes. Peter: Yes. Maureen: Absent. Orlandus: 90

Absent. 91

___________________________________ 92

Ivette Ricco, CBOC Data/Review Subcommittee Chair 93

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Approved by the CBOC on May 27, 2015 by a roll call vote: yes, no, 95

abstentions, absent 96

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______________________________________ 98

Ivette Ricco, CBOC Chair 99

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Prepared by: Ivette Ricco and Anton Jungherr 101

Edited by: Peter Chau 102

Date: May 20, 2015 103

Res. 15-1 Clay

Documents

Transcript of Res. 15-1 Clay