City Negotiations with LASD About Schools – Packard Says Conflict of Interest Concern

Summary

At the end of the July 24 City Council meeting, council members Ron Packard and David Casas raised an issue. Can the City negotiate with Mark Goines about schools, Hillview, etc., if he has a conflict of interest? The question will be placed on the next City Council agenda as a request that the City Attorney look into the matter by checking with the California Fair Political Practices Commission (FPPC ). Three council members voted to place it on the agenda.

Ron Packard uncovered that Mr. Goines was apparently fined by the FPPC for a 2009 violation. Thus, Packard concludes school districts and Mr. Goines must be subject to the same ethical strictures as city officials. The conflict of interest revolves around owning a residence within 500 feet of a school which might be closed, affecting the residence’s property value. FPPC Document here.

The above 7 minutes video includes Mr. Packard’s 4 minute background statement AND about 3 minutes of interesting discussion, featuring Megan Satterlee and other council members.

Packard Describes the Concern

Mr. Packard read the following statement to the City Council on July 24 as background to the Casas-Packard request that the the city attorney check with the FPPC.

“David Casas and I would like to propose for our next council meeting an important agenda item, and if there is support, then we would request a staff report, hopefully a draft letter from the City attorney for discussion. So please bear with me as I give a brief background, without trying to argue the matter.

As we all know, the litigation between the Los Altos School District (LASD) and the Bullis Charter School (Charter) appears to be on-going and beginning another round. The role, if any, that the City should play in this ongoing dispute is open for question. In the meantime, the president of the LASD has recently and publicly criticized the Los Altos City Council for being “unfriendly, uncooperative, and derelict in duty.” While that description may be not have been the most artfully phrased, it evidences a desire for the Council to become more engaged.

the president of the LASD has recently and publicly criticized the Los Altos City Council for being “unfriendly, uncooperative, and derelict in duty.” While that description may be not have been the most artfully phrased, it evidences a desire for the Council to become more engaged

In the event the City is to engage in further conversations with the LASD Board, then we need guidance of how that conversation can take place without the City violating or participating in the violation of any of the conflict of interest laws enforced by the California Fair Political Policies Commission (FPPS). The general rule applicable to cities is that if any decision could negatively or positively impact the fair market value of your home which is within 500 feet of the decision, then there is a conflict of interest, and the elected official must recuse himself/herself and not participate in the discussion. As a result, during the prior joint meeting, I said that would have to recuse myself if there were any discussions about closing of a school, since my residence is within 500 feet of Almond School. On the other hand, LASD President Mark Goines apparently participated in the selection of various schools that could be selected for closure, even though one of the selected schools is less than 500 feet from his residence. Possibly, the laws applicable to cities is different than those that apply to school districts (although a prior enforcement action by the FPPC against him suggests otherwise).

As a result, during the prior joint meeting, I said that would have to recuse myself if there were any discussions about closing of a school, since my residence is within 500 feet of Almond School. On the other hand, LASD President Mark Goines apparently participated in the selection of various schools that could be selected for closure, even though one of the selected schools is less than 500 feet from his residence

As a result of these issues, we propose that an agenda item come before our next council meeting consisting of a request that the City Attorney obtain an opinion from the FPPC on the following: (1) Would it be permissible for the Council, or members of the Council, to engage in discussions with LASD President Mark Goines, or any other LASD board member, who lives within 500 feet of any of the LASD schools, if the discussion in any way involves a possible closure of one of the schools? (2) Would such a discussion be permissible if the discussion is limited to Hillview, with the prospects of a closure of a school merely in the background? (3) Would such a discussion be permissible if Mark Goines does not participate in the discussions directly with the City, but was involved in the intra-LASD discussions? (4) If the prior participation by Mark Goines in the selection of possible schools for closure was a violation of the law, then what exposure, if any, does the City have?”

If the prior participation by Mark Goines in the selection of possible schools for closure was a violation of the law, then what exposure, if any, does the City have?

LALAHPOLITICO COMMENT

Mr. Goines was slow to respond to the City’s request for a letter stipulating the District would not pursue eminent domain to obtain the City’s Hillview Center parcel. After Val Carpenter attended many LASD Board meetings to monitor the progress of the City’s request for a letter, Goines finally responded with No, we will take some weeks or months to craft a policy that can apply to all cities, not just Los Altos. Tsk, tsk, stall, delay.

It is likely that the city attorney’s investigation of  FPPC issues might take some months to resolve, delaying the start of any City-District talks about Hillview or other school sites.

But Mr. Packard is prudent to a fault to raise the issue of who will decide which of the 4 schools gets closed…if and when BCS litigation prevails. Is there risk to the city and its council members if they are involved in discussion involving closure choices?

An LASD parent raised the issue of picking the victim school in public comment at a recent LASD Board Meeting. He asked, “Are you just going to toss a coin to decide.?… What will be the basis, the rationale?”