Janet Barnes recall, Salinas City Elementary School District, California (2014)
| Salinas City Elementary School District Board of Trustees recall |
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| Recall overview Political recall efforts, 2014 Recalls in California California recall laws School board recalls Recall reports |
An effort to recall Janet Barnes from the Salinas City Board of Trustees in California began in June 2014. A community group called Building a Better Board delivered recall papers to Barnes during a board meeting on June 23, 2014. Recall organizers received approval of petition language from the Monterey County Elections Department on August 4, 2014.[1]
Only 2,262 signatures submitted by recall supporters were found sufficient by the Monterey County Elections Department, which was 30 fewer than necessary to hold a recall election. Supporters said they would be seeking a review of the 780 signatures that were invalidated by the elections department.[2][3]
Recall supporter arguments
Chrissy McCuistion served Barnes with the Notice of Intention paperwork to recall her from the board on June 23, 2014. McCuistion is affiliated with Building a Better Board, which is a group of district parents who oppose both Superintendent Juvenal Luza and the reassignment of several principals in the district, including Brinet Greenlee and Melissa Lewington. Luza was appointed as superintendent in January 2014 in a 3-2 vote of the board, despite protests from the Salinas Elementary Teachers Council. He served as the interim superintendent for six months prior to his appointment following the death of former Superintendent Donna Alonzo Vaughan.[4]
Parents criticized the demotion of Brinet Greenlee in particular, since Mission Park Elementary School performed well academically under her supervision. On June 30, 2014, Greenlee announced that she had taken a job in another school district.[5] The board vote on principal reassignments was also 3-2 and took place on June 9, 2014. At that meeting, "parents and kids were crowded onto the sidewalk" according to local reporter Mary Duan, who argued that the school board appeared "badly run and hostile to its parent constituents."[6] Barnes voted in favor of both Superintendent Luza's appointment and the principal reassignments. She serves in Trustee Area 4 and her term ends in November 2015.[4]
District parent Cynthia Shaffer criticized Barnes as "always citing confidentiality" regarding her decisions, including the vote on Greenlee, and added that residents must be able to trust board members.[7] In an email to Ballotpedia, Shaffer responded to Barnes's claim that "Sometimes [...] facts come in the form of confidentiality which cannot be shared. Personnel issues are in that category." Shaffer noted that Greenlee waived her right to confidentiality and agreed to open her personnel records, so she considered this argument by Barnes to be invalid.[8]
After the recall advanced to the petition-gathering stage, an article by Roberto M. Robledo in The Californian indicated that recall organizers believe, "Barnes wasn't properly appointed to the board and doesn't represent the views of [Area 4] constituents." According to the same article, Building a Better Board supporters also accuse Superintendent Luza of "favoritism and a lack of due diligence in making the [principal reassignment] changes."[1] Luza's contract expired on June 30, 2015, which was part of the reason why the group did not wait for the November 2015 election to remove Barnes from office. Frank Garden, a parent with three children at Mission Park Elementary School, explained, "If we want to remove [Luza] eventually, we want to replace [Barnes] now."[4] In an opinion piece, Garden wrote added the following:
| “ | Friends of Janet Barnes have made a lot of erroneous assumptions regarding the motivations of parents who support her recall from the Salinas City Elementary School District Board of Trustees.
We created the “Building a Better Board” Facebook page to provide a collective voice for parents, teachers and constituents. Our group’s focus is to restore trust in our school board. We strive to ensure all information we disseminate is factual and verifiable. Barnes’ refusal to listen to the overwhelming will of her constituents prompted a closer examination of her voting record on the school board. Teachers informed us they had not forgotten her assurance last year that she would advocate for a competitive search for the most qualified superintendent, which Barnes reneged on at the last minute. Instead, she led the effort to hire the interim superintendent, Juvenal Luza, at a cost to taxpayers of over $252,000. Luza’s rich contract required that the Board of Trustees evaluate his performance by April 2014, which they failed to do. A recent poll conducted by the District revealed only 44 percent of their staff regard Luza’s performance as satisfactory. In the meantime, competent and highly respected educators are being forced out of the district, such as former special education director, Terri Dye, who actually had the highest satisfaction rating among district staff. Again, Barnes ignored the opinions of her constituents when she voted to remove Ms. Dye from her position. Barnes keeps touting she had no conflict of interest in casting her vote to demote two principals who used to supervise her performance before she retired from her teaching job. We have never alleged a financial conflict. However, the ethical conflict in casting that vote is obvious. These are the facts Barnes refuses to discuss. If the recall is successful, our hope is to elect a leader who will work collaboratively with parents and teachers to move the district forward in a more positive direction.[9] |
” |
| —Frank Garden, (2014) [10] | ||
Responses by Janet Barnes
The Californian, August 6, 2014
Barnes provided the following response to the recall effort to The Californian on August 6, 2014:
| “ | As the time nears for the recall petition to be circulated, I felt it was necessary to speak out and hope that fewer registered voters in Salinas City Elementary School District 4 will actually sign it.
The basis for the recall against my position as SCESD Trustee is misleading and inaccurate. I would appreciate if you would take the time to read my rebuttal on the actual petition. Any decision made as a board member has been made with thorough analysis based on facts. Sometimes those facts come in the form of confidentiality which cannot be shared. Personnel issues are in that category. Dr. Juvenol Luza was appointed as Superintendent after over nine years as assistant superintendent, two years as interim superintendent, and 22 years with the SCESD. He has proven his expertise in education and consistently puts the children first by supporting the highest standards. His appointment has provided continuity and stability. Dr. Luza agreed to a contract without additional compensation and remains the lowest paid superintendent in Monterey County. Conflict of interest is a serious allegation. The Fair Political Practice Commission recently concluded that there was no merit and stated that I did not breach the letter of the law. I have voted consistently in the best interest of all 9,372 children in our 13 schools. The SCESD Board of Education proudly and unanimously submitted our Local Control Action Plan to the Monterey County Office of Education which provides teacher training, community outreach, classroom resources and a substantial investment in bringing technology improvements to our classrooms. Our $80,000,000 budget is successfully balanced. As a candidate unopposed in November 2013, I was elected to represent the students in four schools, as well as, the entire district. I was not on the ballot because no one chose to run against me. Proceeding with a recall will cost the Salinas City Elementary School District up to $200,000 in a separate election. According the Monterey County Elections Department, it will cost $22 per voter to place the recall on the ballot. There are about 9,340 registered voters in District 4. This money must be paid by the district and comes directly out of the classroom! To go forward with a recall and charge the district this enormous amount of money would be irresponsible. At that price, we could hire three new teachers to support lower class size. There is so much to be accomplished this coming year for our students. We need to focus on student learning, support our great teachers, and prepare our children for their future. I would appreciate your support by refusing to sign the recall petition. I look forward to continuing to support our district as we educate every child. Thank you.[9] |
” |
| —Janet Barnes, (2014) [11] | ||
Recall ballot response
Barnes also provided the following statement on the recall petition ballot:
| “ | At to the cost of $60,000 - $200,000 a recall doesn’t make sense. If held, a recall would be just a few months prior to the regular election. I love Salinas and have lived here all my life. I have attended Salinas public schools, as have my children and grandchildren. I’ve taught preschool through college for over thirty years and dedicated my life to children. My personal and public decisions are made from professional integrity, listening to constituents, and thoroughly understanding all sides of the issues. Policy decisions have always been made in the community’s best interest. As a Trustee for SCESD, my priority has been to ensure fiscal prudence, implement rigorous curricular standards, and create comprehensive goals to support student learning for all 9,000 students in 13 elementary schools. As an elected official (City Council member for 12 years, and School Board Trustee,) I hold myself to high standards and always follow the letter of the law when creating policy. To that point, I recently received a notification from the Fair Political Practices Commission, the State authority, clearing any alleged conflicts of interest. I am committed to complete transparency. I respect employee confidentiality. Anything less would be unethical. /s/ Janet Barnes, 142 Del Mar Dr., Salinas, CA 93901.[9] | ” |
| —Janet Barnes, (2014) [8] | ||
Frank Garden, a parent with three children at Mission Park School, also filed a complaint against Barnes with the Fair Political Practices Commission regarding a vote by Barnes to reassign two district principals, Brinet Greenlee and Melissa Lewington. The complaint charged that Barnes had a conflict of interest in the reassignment vote because she had formerly worked as a teacher under those two principals before she joined the board. In response to this charge, Barnes noted the FPPC code only references financial interests in determining conflict of interest. She argued that she did not have a financial interest in the cases of either Greenlee or Lewington.[12]
In July 2014, the FPPC ruled that Barnes did not have a conflict of interest.[5] After the decision, recall supporter Cynthia Shaffer noted that the FPPC's website did not explain that the FPPC's jurisdiction was limited only to financial conflicts of interest, and she clarified that the conflict of interest in question was one of an "ethical/common law" nature. Shaffer acknowledged that Barnes did not have a financial conflict of interest and that the FPPC ruling was therefore sound, but did not address Building a Better Board's actual complaint.[8]
The Californian, October 25, 2014
Barnes provided another response to The Californian which was published on October 25, 2014.
| “ | First of all, I’d like to thank the hundreds of supporters who have called me to express their support and who refused to sign the recall petition. Their strong verbal support has been inspiring to me and is a reflection that they are committed to the 9,000 children in our school district. It’s all about the kids.
I have been singled out in this recall despite the fact that the votes I have participated in have been supported by a majority of the Salinas City Elementary School Board. The recall proponents want to control the board for the over 15,000 parents in the school district. Let’s be clear. This is not just about recalling me. Most of the negativity began with a decision made last December to support making the acting superintendent, Dr. Juvenal Luza, to the permanent position of superintendent of Salinas City Elementary School District. Dr. Luza had been working for the district as the assistant superintendent for nine years and then as acting superintendent for over two years during the illness of the late Donna Alonzo. She hired Dr. Luza and believed in his commitment to children. His qualifications, dedication to the students, and experience led the board of trustees to approve his 18-month contract without an increase in salary. Dr. Luza made several major personnel decisions to reassign staff which was within his authority. Whenever a governing body is dealing with personnel issues, in fairness to the employee and following the letter of the law, all discussions are confidential. Once again, the majority of the board voted to support the superintendent’s decisions. All of this unnecessary conflict has taken the attention from the real issues impacting our district. Our mission is to educate the more than 9,000 students with the best quality education. Our $81,376,347 budget is balanced and all employees, from secretaries to the superintendent, received a 5 percent raise after a decade without any increase in salary. Children at all schools continue to receive an outstanding education because of the highly qualified teachers in our district. Our teachers are well-equipped with textbooks, computers, classroom supplies, and a plethora of training. The school board has allocated money to hire district-wide vice-principals, program managers, and reading intervention teachers. It’s all about the kids. Eighteen months ago, I ran for the school board seat and was unopposed. Since I have a long history of commitment to children, no one else decided to run for the position. During my tenure, I recommended to the board to have meetings twice monthly for additional study sessions, and we are doing it. I have initiated policies to save Outdoor Science Camp for every sixth-grader and was successful. I voted to improve literacy rates for all students by providing additional reading intervention resources for primary grades. I supported upper grade reading programs to ensure all students will have the opportunity to read at grade level. I strongly promoted preschools at every school site, increased technology resources, and authorized expenditures to upgrade and repair facilities. For over 30 years, I have taught in Salinas and have educated over 1,000 students. My life has always been about the kids. Being a parent, grandparent, and teacher has been my highest priorities. Now, I have the opportunity to continue my professional contributions and improve the quality of education for 9,000 additional children in our district. It’s an obligation I have great pleasure in and understand the incredible responsibility that goes with it. Again, it’s all about the kids. This recall campaign has been based on rumors, innuendos, insults and misrepresentations. My character has been impugned. The negativity has distracted everyone from what should be our first priority – the students and their education. I, as an elected representative vote, as do my fellow board members, in the best interest of the children. It’s all about the kids. The energy, money and time devoted to the recall are substantial. The Monterey County Elections Department reports that the cost of a recall is $20 per registered voter. The Salinas City Elementary School District has 9,374 registered voters. The cost is estimated at close to $200,000. This money would shortchange money designated for the classroom or services for students. I look forward to working hard to support the work of our great teachers and support staff in our outstanding district. I am all about getting all of our students to be able to read at grade level and succeed academically. The children of our community have always been my first priority. My supporters clearly understand this. It’s all about the kids.[9] |
” |
| —Janet Barnes (2014)[13] | ||
Petition language
Recall supporters gathered signatures for a recall election using petitions with the following language:
| “ | Pursuant to Section 11020 of the California Elections Code, the undersigned, registered qualified voters of the Salinas City Elementary School District Trustee Area 4, County of Monterey, State of California, hereby give notice that we are the proponents of a recall petition and that we intend to seek your recall and removal from the office of Trustee, Area 4, in the Salinas City Elementary School District, County of Monterey, State of California, and to demand an election of a successor for that office. The grounds for the proposed recall are as follows: Janet Barnes was not elected by the people of the Salinas City Elementary School District (SCESD) Trustee Area #4. Therefore, she lacks the basic credential of being a chosen representative. Her voting consistently runs contrary to the overwhelming will of her constituents and is indicative of her failure to fulfill her representative responsibilities. In December 2013, rather than conduct a competitive search for the most qualified superintendent, Barnes voted to give the highest leadership position of the SCESD to the interim superintendent. In April 2014, Barnes voted to demote a highly successful special education director and hire a replacement that has no first-hand special education experience. In June 2014, Barnes voted to reassign principals without justifiable reasons. She ignored the common law doctrine against conflicts of interest by refusing to recuse herself in a vote to demote two principals who previously supervised her work performance while employed as a teacher at Mission Park Elementary School. Barnes has engaged in a course of conduct that diminishes public confidence in her ability to function as an informed leader. Because Barnes cannot be trusted to carry out her duties with transparency, she must be recalled from her Area #4 Trustee seat. The names of the proponents (business or residence addresses are on file with the elections official) are as follows: Signed: Christine C. McCuistion; Fred McCuistion; Cynthia K. Shaffer; Kathleen A. Quinn; Rosemarie Soria; Fred G. Soria; John Richard Moore; Betty Joan Fowles; Frank Garden; Georgia Garden; Wade Shaffer and Jefferson Davis.[9] | ” |
| —Janet Barnes recall petition language, (2014) [8] | ||
Path to the ballot
- See also: Laws governing recall in California
McCuistion and fellow recall supporters submitted a Notice of Intention to Barnes on June 23, 2014.[14] This notice included a 200-word statement explaining the reasons why local voters sought a recall election. The Notice of Intention included at least 10 signatures from residents of the district. Barnes had seven days from the delivery of the documents to file a 200-word response with the Monterey County Registrar.
Recall organizers received approval for the recall petition language on August 4, 2014. A minimum of 2,292 registered voters in the district's Trustee Area 4 would have had to sign petitions within 90 days of the petition's approval, which was October 28, 2014.[1] The next step after delivery of recall signatures was a review by county elections officials within 30 days of submission. A sufficient number of valid signatures would require a recall election to be scheduled between 88 and 125 days of the completed review of petitions.[12][15]
Only 2,262 signatures submitted by recall supporters were verified by the Monterey County Elections Department, which was 30 fewer than necessary to hold a recall election. Supporters said they would be seeking a review of the 780 signatures that were invalidated by the elections department.[3]
Following this ruling by the elections department, Building a Better Board stated in a press release,
| “ | Before submitting the recall petition, BBB volunteers cross-referenced every voter who signed the petition with official voter registration records provided by the Elections Department. Although BBB believed the number of signatures submitted was sufficient, the County Registrar says the actual number came up short. Therefore, BBB will be exercising our right to examine the invalidated signatures to determine what happened.[9] | ” |
| —Building a Better Board (2014)[16] | ||
Campaign finance
The committee Building a Better Board Committee in Support of Recalling Janet Barnes reported $7,980.00 in contributions and $808.31 in expenditures, as of reports available November 12, 2014, from the Monterey County Elections Department. Nine of the contributions were itemized contributions of $100.00 or more. The largest single contributor was Christine McCuistion, a pediatrician at Pediatric and Adolescent Medical Associates of the Pacific Coast, Inc., with a total of $1000.00. The campaign's expenditures were to Office Max for petition and campaign leaflet printing and to Amit Pandya for petition circulating services.[17]
At the same time, the Committee to Oppose the Recall of Janet Barnes reported $1,539.00 in contributions and $1,412.62 in expenditures. All of the committee's contributions were reported as unitemized contributions of $100.00 or less, and all of the expenditures had been made to Tom Martella Printing.[17]
Recent news
This section links to a Google news search for the term "Janet + Barnes + Salinas + City + Elementary + School + District + recall"
See also
External links
Footnotes
- ↑ 1.0 1.1 1.2 The Californian, "Barnes recall supporters advance," August 5, 2014
- ↑ The Californian, "Salinas recall group meets deadline for signatures," October 28, 2014
- ↑ 3.0 3.1 The Salinas Californian, "Barnes recall effort fails by 30 signatures," December 13, 2014
- ↑ 4.0 4.1 4.2 Monterey Herald, "Salinas trustee Janet Barnes served with recall papers," June 24, 2014
- ↑ 5.0 5.1 The Californian, "Salinas City schools recall effort takes a turn," July 29, 2014
- ↑ Monterey County Weekly, "A board meeting turns ugly as parents fight to save their principal," June 12, 2014
- ↑ Monterey County Weekly, "Salinas parents serve notice of intent to recall SCESD Trustee Janet Barnes," June 24, 2014
- ↑ 8.0 8.1 8.2 8.3 Information submitted to Ballotpedia via email from Cynthia Shaffer on August 11, 2014.
- ↑ 9.0 9.1 9.2 9.3 9.4 9.5 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
- ↑ The Californian, "Setting record straight on Barnes recall," September 19, 2014
- ↑ The Californian, "Reasons not to vote for recall," August 6, 2014
- ↑ 12.0 12.1 The California, "Parents make complaint against Barnes to FPPC," June 25, 2014
- ↑ The Californian, "Salinas City school trustee Janet Barnes responds," October 25, 2014
- ↑ Information submitted to Ballotpedia via email from Cynthia Shaffer on August 5, 2014.
- ↑ Monterey County Elections, "Guide to Recall for County, School District, Special District and Local Judicial Offices," August 14, 2013
- ↑ Margaret Koenig, "Email correspondence from Cynthia Shaffer," December 14, 2014
- ↑ 17.0 17.1 Monterey County Elections Department, "Public Portal for Campaign Finance Disclosure," accessed November 12, 2014
