This broke late today. We’ll revisit the matter for a story early next week. Here’s the press release:
FOR IMMEDIATE RELEASE
Superintendent Jordan issues a statement regarding the certification of the provisional appointment of the Hayward School Board Trustee
The following letter was sent to Superintendent Janis Duran and the Hayward Unified School Board
April 23, 2010
Janis Duran, Interim Superintendent
Hayward Unified School District
24411 Amador Street
Hayward, CA 94544
Dear Superintendent Duran:
In accordance with California Education Code and advice of legal counsel, I certify that as of April 16, 2010, the provisional appointment of the Hayward School Board Trustee was made effective and that Jesus Armas will remain a board Trustee until the November 2, 2010 election. I have carefully stayed within my legal responsibilities to identify whether the required conditions to call for a special election have been met.
The Hayward Unified School District Board held a special meeting on March 17, 2010 to interview candidates and made a provisional appointment at that meeting to fill the Board vacancy created by the resignation of Dr. Sarah Gonzales. On March 18, a notice of provisional appointment to the governing board of HUSD was posted in several public places in the District and sent to a local newspaper for publication.[i]
In accordance with Education Code section 5091, in order for the voters to request a special election, signatures from one and one-half percent of registered voters were required to be submitted to the County Superintendent thirty days from the appointment of Jesus Armas to the HUSD Board. The number of registered voters as of the November 2008 board election was 67,671. The 104 signatures submitted April 16th did not meet the threshold of 1,015 signatures as established by the Education Code.[ii]
According to the Alameda County Registrar of voters, a special election would cost the district $388,488. As fiscal adviser to the Hayward School District under AB 1200, I remind petitioners and the public that a special election would be fiscally irresponsible. In the face of deep and persistent cuts to educational programming, a costly election is an unnecessary and harmful expense that negatively impacts HUSD’s ability to serve students.
Stable, effective school boards are essential to the responsible governance of our public schools. We trust in individuals to represent parents and community members to ensure that children receive an education that adequately prepares them for successful adulthood. I hope we can move beyond the current controversy and on to the work of serving students and families in Hayward.
Sheila Jordan, Superintendent
Alameda County Schools
cc: Paul Frumkin III, Hayward USD Board of Education
[i] On March 18th, the following notice was posted in several public places in the district and sent to a local newspaper for publication:
NOTICE OF PROVISIONAL APPOINTMENT TO THE GOVERNING BOARD OF THE HAYWARD UNIFIED SCHOOL DISTRICT
On February 22, 2010, Dr. Sarah Gonzales filed her resignation from the Hayward Unified School District Board of Trustees providing that her resignation was to be effective immediately. At a special meeting on Wednesday, March 17 2010, the Hayward Unified School District Board of Trustees appointed Jesus Armas to fill the board member vacancy and hold that office until the next election for district governing board members on November 2, 2010. Unless a petition calling for a special election, containing a sufficient number of signatures, is filed in the office of the Alameda County Superintendent of Schools at 313 W. Winton Avenue, Hayward, California 94544 within 30 days of the date of this provisional appointment, it shall become an effective appointment.
[ii] Education Code 5091(c)(1) reads:
If a provisional appointment is made within the 60-day period, the registered voters of the district may, within 30 days from the date of the appointment, petition for the conduct of a special election to fill the vacancy. A petition shall be deemed to bear a sufficient number of signatures if signed by at least 1 1/2 percent of the number of registered voters of the district at the time of the last regular election for governing board members, or 25 registered voters, whichever is greater. However, in districts with registered voters of less than 2,000 persons, a petition shall be deemed to bear the number of signatures if signed by at least 5 percent of the number of registered voters of the district at the time of the last regular election for governing board members.
# # #
Alameda County Office of Education
Communications & Public Affairs Office
313 West Winton Avenue, Hayward, CA 94544