Archive for the ‘Government’ Category

Report: Bay Area needs $9.7 billion to subsidize 40,000 affordable homes in predevelopment pipeline

Monday, June 3rd, 2024
Photo Credit: Joey Kotfica. Source: MTC

Proposed $20 billion regional November bond measure seen as way to close the gap

By Kate Hartley, BAHFA & Justine Marcus, Enterprise Community Partners

Enterprise Community Partners (Enterprise) and the Bay Area Housing Finance Authority (BAHFA) released the Bay Area Affordable Housing Pipeline 2024 Report, last month, which analyzes affordable housing projects in various stages of predevelopment and identifies solutions for moving them toward completion. The updated research reveals there are now 433 projects in various stages of predevelopment that would create more than 40,896 affordable homes across the nine-county Bay Area. These would account for nearly a quarter of the 180,000 affordable homes the state’s Regional Housing Needs Allocation (RHNA) Plan determined are needed in the Bay Area by 2031. (See related articles here and here)

Affordable housing developments typically are supported by a capital “stack” investment that includes a commercial mortgage; Low-Income Housing Tax Credits; tax-exempt bonds; and additional local, regional and state dollars that fill the gap between the cost of the development and the financing secured through debt and equity. The new report calculates that the hundreds of Bay Area projects now in the predevelopment pipeline need $9.7 billion in public funds to move forward, and that a $20 billion regional bond measure proposed for the ballot in Bay Area counties this fall would help close this gap.

“We’ve been stuck in an affordable housing crisis that has overwhelmed the region. The November ballot presents an opportunity to unlock thousands of affordable homes for Bay Area residents,” said Heather Hood, VP and Northern California Market Leader at Enterprise. “We expect voters to have a chance to end our housing crisis and deliver the dignified, healthy homes the Bay Area community needs and deserves.”

Source: Enterprise Community Partners

The predevelopment pipeline includes projects in all nine Bay Area counties. These include more than 10,000 units in both Alameda and Santa Clara counties, with another 8,400 affordable homes pending development in San Francisco and more than 3,000 units in both San Mateo and Sonoma counties. Project pipelines in other Bay Area counties range from over 300 affordable homes in Solano County to 1,173 units in Marin County; nearly 1,500 homes in Napa County; and over 2,500 units in Contra Costa County. Each Bay Area city, town or county currently is working on its own to meet the challenges of housing affordability and homelessness.

“The need for affordable housing transcends jurisdictional boundaries. BAHFA’s proposed bond measure would finally allow our Bay Area to take a regional approach to a regional problem,” said BAHFA Director Kate Hartley. “With significant new resources for every county, we can build at scale, deliver equitable solutions, and create a better way to deliver the affordable homes Bay Area residents need.

The updated Bay Area Housing Pipeline research brief was presented at today’s regularly scheduled meeting of the Metropolitan Transportation Commission’s Bay Area Housing Finance Authority Oversight Committee.

About Enterprise Community Partners 

Enterprise is a national nonprofit that exists to make a good home possible for the millions of families without one. We support community development organizations on the ground, aggregate and invest capital for impact, advance housing policy at every level of government, and build and manage communities ourselves. Since 1982, we have invested $54 billion and created 873,000 homes across all 50 states – all to make home and community places of pride, power and belonging.

About the Bay Area Housing Finance Authority

Established by the state legislature in 2019, BAHFA’s mandate is to create regional solutions that meet the Bay Area’s affordable housing needs. It is the first regional housing finance authority in California. BAHFA works together with the Metropolitan Transportation Commission and Association of Bay Area Governments (ABAG).

Scathing State Audit confirms Labor Commissioner’s 47,000 backlogged claims at end of 2022-23

Wednesday, May 29th, 2024
Payroll graphic source: CA State Auditor

Senator Glazer’s request leads to findings of workers cheated out of $63.9 million in past wages

Calls it a failure to act on behalf of workers

Report claims inadequate staffing, poor oversight have weakened protections for workers

SACRAMENTO – California Labor Commissioners have stood idly by as a massive backlog in wage theft cases piled up worth $63.9 million in lost wages to workers as its enforcement unit failed to enforce and collect wages in 76 percent of cases in which employers were found to owe wages, according to a report released Wednesday by Grant Parks, the California State Auditor.

The scathing audit came as a result of a March 2023 request through the Joint Legislative Audit Committee by Senator Steve Glazer, D-Contra Costa, and Assemblyman David Alvarez, D-San Diego. It was based on news reports about the lack of wage theft enforcement.

Parks reported his findings to the Governor, President pro Tempore of the Senate and Speaker of the Assembly about the “Department of Industrial Relations’ Division of Labor Standards Enforcement, also known as the Labor Commissioner’s Office (LCO).” Lilia García-Brower is the current state Labor Commissioner and was appointed to the position by Governor Newsom in July 2019. Neither her name or photo appears on the website for the Labor Commissioner’s Office. Ironically, according to the agency’s website, “The mission of the LCO is to ensure a just day’s pay in every workplace in the State and to promote economic justice through robust enforcement of labor laws. By combating wage theft, protecting workers from retaliation, and educating the public, we put earned wages into workers’ pockets and help level the playing field for law-abiding employers.”

The audit “reviewed the backlog of wage claims submitted by workers from fiscal years 2017–18 through 2022–23, and determined that the LCO is not providing timely adjudication of wage claims for workers primarily because of insufficient staffing to process those claims.”

Furthermore, the state Auditor reported, “In addition to its delays in processing wage claims, the LCO has not been successful in collecting judgments from employers. A possible factor contributing to its low collection rate is that the Enforcement Unit does not consistently use all of the methods available to it for collecting payments owed to workers.”

Senator Glazer released this statement on the audit’s findings:

“The California State Auditor’s report makes clear that our State Labor Commissioner is a toothless enforcer of our wage theft laws. This deeply troubling assessment exposes a system that has fundamentally failed the workers it is supposed to protect. According to the auditor, there is a backlog of 47,000 claims registered on June 30, 2023. This is a state embarrassment and a stain on the department that workers depend on for justice.

The report also highlights an alarming increase in the average number of days to resolve claims, which has skyrocketed from 420 days in 2017/18 to an astounding 890 days in 2022/23. This drastic decline in efficiency is not just a statistic; it represents thousands of workers enduring prolonged injustice and financial hardship.

This lack of enforcement emboldens companies to exploit workers, knowing they can likely escape any real consequences, thus perpetuating and increasing further abuse. These findings paint a grim picture of an agency overwhelmed and ineffective, leaving workers vulnerable and without recourse. Immediate and decisive action to restore integrity and effectiveness to the Labor Commissioner’s office is needed. The workers of California deserve nothing less than a robust system that ensures timely and fair resolution of wage theft claims.”

The report can be found here: www.auditor.ca.gov/reports/the-california-labor-commissioners-office/

Allen D. Payton contributed to this report.

State Controller responds to Newsom’s May Budget Revision, issues April Cash Report

Friday, May 10th, 2024

“…contains challenging financial choices for the Governor and the Legislature…”- Malia Cohen

Fiscal year-to-date revenues still trend below expectations

SACRAMENTO — California State Controller Malia M. Cohen today, Friday, May 10, 2024, issued the following statement in response to Governor Gavin Newsom’s May budget revision:

“This morning, Governor Newsom released the May Revision to his proposed 2024-25 State Budget. The blueprint to address the remaining shortfall contains challenging financial choices for the Governor and the Legislature to maintain the state’s commitment to protecting essential programs and services and continuing critical investments in the state’s future.”

“As the state’s chief fiscal officer, it is my job to ensure the state has sufficient cash to pay our bills and to make certain that expenditures are transparent, accountable, and align with their intended purpose and expected outcomes. My office stands ready to assist both the Governor and the Legislature as they make their final push to finalize and approve the 2024-25 budget.”

In addition, Cohen today released her monthly cash report covering the state’s General Fund revenues, disbursements and actual cash balance for the fiscal year through April 30, 2024. The state ended April with $95.8 billion in unused borrowable resources, while fiscal year-to-date receipts continue below estimates contained in the 2024-25 Governor’s proposed budget.

The Governor’s Budget estimated that the state would collect nearly $16.3 billion in personal income taxes in April. As shown on the State Controller’s Office April 2024 Personal Income Tax Tracker webpage, the state exceeded the revenue target by approximately $150 million.

“With April personal income tax revenues just tracking with the most recent budget estimates, fiscal year-to-date revenues continue at lower-than-expected levels,” said Controller Cohen. “The high level of borrowable resources is due in large part to the $26 billion the state has prudently built up and reserved for rainy days and economic uncertainties. Maintaining enough cash to cushion against economic downturns has been one of California’s strengths in its credit ratings, and ensures the state will continue to meet its payment obligations.”

Fiscal year-to-date receipts through April were $169.8 billion, nearly $4.8 billion below the Governor’s Budget estimates, or 2.7 percent. The state’s cash position is $7.6 billion better than expected with disbursements of $184.9 billion for the fiscal year nearly $12.4 billion, or 6.3 percent, less than proposed budget projections.

As the chief fiscal officer of California, Controller Cohen is responsible for accountability and disbursement of the state’s financial resources. The Controller has independent auditing authority over government agencies that spend state funds. She is a member of numerous financing authorities, and fiscal and financial oversight entities including the Franchise Tax Board. She also serves on the boards for the nation’s two largest public pension funds. Follow the Controller on Twitter at @CAController and on Facebook at California State Controller’s Office.

CPUC approves new billing structure that will cut residential electricity prices

Thursday, May 9th, 2024
Graphic source: electricityrates.com

“Flat Rate” decision accelerates California’s clean energy transition

May 09, 2024 – SAN FRANCISCO – The California Public Utilities Commission (CPUC) today approved a proposal to reduce the price of residential electricity through a new billing structure mandated by the state Legislature in Assembly Bill 205. This billing adjustment introduces a flat rate bill component and reduces the electricity usage rate. It lowers overall electricity bills on average for lower-income households and those living in regions most impacted by extreme weather events, while accelerating California’s clean energy transition by making electrification more affordable for all.

That’s in spite of the concerns of ratepayers and state legislators who, earlier this year, scrambled to repeal or modify the bill to avoid rates being based on income. The CPUC later scrapped the income-based utility bill scheme proposed by California’s largest utilities including PG&E. (See related articles here and here)

According to the approved proposal, “Today, California’s investor-owned electric utilities recover nearly all costs of providing electricity service through the volumetric (cost per unit) portion of each residential customer’s bill. However, a large portion of these costs are fixed costs that do not directly vary based on the electricity usage of the customer from whom the revenue is being collected, such as the costs of installing final line transformers that make it possible for customers to access the grid. Most utilities nationwide and many publicly-owned utilities in California assess fixed charges on customer bills to recover these fixed costs, consistent with the general ratemaking principle that rates should be based on cost causation

 “As directed by Assembly Bill 205, this decision authorizes all investor[1]owned utilities to change the structure of residential customer bills by shifting the recovery of a portion of fixed costs from volumetric rates to a separate, fixed amount on bills without changing the total costs that utilities may recover from customers. As a result, this decision reduces the volumetric price of electricity (in cents per kilowatt hour) for all residential customers of investor-owned utilities.

The new billing structure more evenly allocates fixed costs among customers and will encourage customers to adopt electric vehicles and replace gas appliances with electric appliances because it will be less expensive to charge electric vehicles and operate electric appliances.

“This decision adopts a gradual, incremental approach to implementing Assembly Bill 205 requirements, including the requirement to offer income-graduated fixed charge amounts. The adopted billing structure will offer discounts based on the existing income-verification processes of the utilities’ California Alternate Rates for Energy and Family Electric Rate Assistance programs. The Commission will consider improvements to the new billing structure based on the initial results of implementation and a working group proposal in the next phase of this proceeding.

“Parties to this proceeding concurrently proposed how to implement the requirements of Assembly Bill 205. This decision adopts elements of several party proposals rather than adopting one party’s proposal.”

Read MoreFact Sheet on “Flat Rate” Decision

“This new billing structure puts us further on the path toward a decarbonized future, while enhancing affordability for low-income customers and those most impacted from climate change-driven heat events,” said CPUC President Alice Reynolds. “This billing adjustment makes it cheaper across the board for customers to charge an electric vehicle or run an electric heat pump, which will spur greater uptake of these technologies that are essential to transitioning us away from fossil fuels.”

Under the new billing structure:

  • The usage rate for electricity will be reduced by 5 to 7 cents per kilowatt-hour for all residential customers.
  • This change makes it more affordable for everyone to electrify homes and vehicles, regardless of income or location, because the price of charging an electric vehicle or running a heat pump is cheaper.
  • A portion of the fixed infrastructure costs—such as maintaining power lines and equipment— will be moved from the usage rate to a separate line item called the “Flat Rate” on customer bills.
  • The flat rate will be $24.15 per month, with low-income customers and customers living in deed-restricted affordable housing eligible for discounted flat rates of $6 or $12.

Customers enrolled in the California Alternate Rates for Energy (CARE) low-income assistance program will benefit from a discounted flat rate of $6 per month. Customers enrolled in the Family Electric Rate Assistance Program (FERA), as well as those residing in deed-restricted affordable housing with incomes at or below 80 percent of the area median income, will qualify for a discounted flat rate of $12 per month.

The new billing structure does not introduce any additional fees or generate extra profits for utilities. Instead, it redistributes existing costs among customers. This approach aligns with billing practices employed across the nation and by most other utilities in California.

In the coming months, the CPUC will collaborate with investor-owned utilities on a customer communications plan to educate customers about the new billing structure. The new billing structure will be implemented starting in late 2025 and early 2026.

More information is available on the Docket Card and CPUC webpage for the proceeding.

Allen D. Payton contributed to this report.

Transparent California completes annual data collection of public pay, pensions

Thursday, May 9th, 2024

Information on 2.7 million public employees from 2,518 agencies and 54 pension plans

Shows 15 police officers in Contra Costa County were paid more than $500,000 in 2022, including the highest to El Cerrito Police Chief at over $850,000 plus, 10 others from his dep’t

Also, shows highest paid in Antioch PD was a Captain at $476,018.55

Highest paid in the state was Vallejo Police Chief at $953,396.61

Transparent California, the state’s largest database of public pay and pension data, has completed data collection efforts for records detailing 2022 employee compensation and pension payments made by almost all public agencies in our state!

In the last year we’ve added data on 2.7 million public employees obtained from 2,518 agencies, and 1.4 million pension records from 54 pension plans to our database.  Added to our existing data from the last decade results in a total of 42 million records available on the site.  All obtained from the agency’s own pay data using requests made under the California Public Records Act, all are available online for free to anyone with an interest at http://transparentcalifornia.com.

Pay and benefit costs are the single largest expense in our government. Transparent California’s site provides members of the public with unprecedented visibility into that spending.  Knowing how government employees are personally benefiting from state and local spending is critical to ensuring true accountability in our government.

In 2022 over a million public employees, and over 125,000 pension recipients, enjoyed compensation packages totaling over $100,000 per year.  Using the data available we can see the City Manager in Norco was provided total compensation of $539,705, the school superintendent in Ontario-Montclair was paid $643,796, and a police lieutenant in Vallejo made $839,798.   

(Editor’s Note: According to an April 2021 ABC7 News report, Vallejo Police Lieutenant Herman Robinson, a 47-year employee with the department was fired. According to an April 2022 Vallejo Sun report, an arbitrator ordered Robinson be reinstated with back pay and be paid an additional 10% interest on his back pay. He “was one of the most highly paid city of Vallejo employees and received $179,590 in base pay and $196,941 in overtime pay for calendar year 2020, according to Transparent California, a website that tracks California government worker salaries. With benefits included, Robinson earned $547,403.68.”

Thus, the $839,798 Robinson was paid in 2022 included two years of compensation and the 10% interest on the back pay.)

UPDATE: That information was shared with Transparent California’s Director of Research, Todd Maddison. In response he wrote, “Thanks, appreciate the background.  We are rarely if ever given the ‘story’ behind any particular pay data, and with over 4 million records a year to collect we usually don’t investigate unless someone feels the number is erroneous. We do offer agencies the ability to make a note if they want so site users don’t think an outlier is ‘normal pay’, but we’re rarely taken up on that.

Meanwhile, in 2022 there were 67 police employees who made total pay only (excluding benefits) of over $400,000. I’ve attached a spreadsheet of police employees in case you’re interested.”

That spreadsheet shows the highest paid police officer in Contra Costa County in 2022 was Richmond Police Sergeant Florencio Rivera, whose total compensation was $512,432. A total of 15 officers in the county were paid more than $500,000 each, with 11 of them from the El Cerrito PD.

The Transparent California website gives ordinary taxpayers access to such data, illuminating the spending that drive state and local government deficits, including the $73 billion in red ink being projected by the state.

Data collection for 2023 compensation is now starting.  Those who want to monitor specific agencies can subscribe (free) or support the effort by sponsoring data collection from that agency.

Maddison noted, “2022 data collection was a great achievement.  We’re particularly proud our small donor funded team lapped the State Controller’s Office’s government-funded effort in K-12 education, collecting data from 1055 districts to their 424.  We’re focused on giving the people of California the data they deserve to see how their tax dollars are being spent.”

For more information go to http://transparentcalifornia.com.

Vote by Antioch School Board to terminate superintendent’s contract fails 2-3

Wednesday, May 8th, 2024
A complete Antioch School Board was in attendance for both the closed session and regular meeting, on Wednesday, May 8, 2024. They applauded the district employees of the year. But Superintendent Stephanie Anello was absent and still out on sick leave. Video screenshot.

Before evaluating Anello; with her absence Board President Hernandez again unable to conduct her evaluation

By Allen D. Payton

During a closed session meeting on Wednesday, May 8, 2024, the Antioch Unified School District (AUSD) Board was anything but unified as a vote to terminate Superintendent Stephanie Anello’s contract failed two-three. While how each trustee voted was not reported out by Board President Antonio Hernandez, it can safely be assumed he was joined by Trustee Jag Lathan in supporting the motion and it was opposed by Trustees Mary Rocha, Gary Hack and Dr. Clyde Lewis, Jr.

It was Hernandez’s third attempt in three weeks to hold the closed session board meeting to discipline, dismiss or release Anello followed by her performance evaluation. The superintendent was still out on sick leave, for a total of two weeks as of today, foiling his efforts for the latter agenda item. (See related articles here and here)

The closed-door meeting, which is required for personnel matters, began at 6:00 p.m. and was attended by all five board members, following one public comment by Kim Atkinson, a Purchasing Technician for the school district. She is the wife of union leader Brian Atkinson, president of the Antioch Chapter 85 of the California Schools Employee Association. He also holds the position of Assistant Regional Representative for the statewide union.

District employee Kim Atkinson speaks during public comments prior to the AUSD board closed session meeting on Wed. May 8, 2024. Video screenshot.

“Who is running our district, right now?” she asked. “We are in crisis without a leader. Kenny Turnage was at a school district golf tournament, last Friday. Is this how the district handles administrative leaves? Do we need to have the state step in?”

“Liz (Robbins – the District’s Chief Business Official) brought Kenny Turnage to the office. I was terrified,” Atkinson continued. “On the video you can see he walked out with files. What files does he need when he’s on administrative leave?”

However, it was the annual Antioch Rotary Golf Tournament that Turnage attended at the Lone Tree Golf Course.

Following the closed session, which lasted about 50 minutes, the board held a special Recognitions session that was to begin at 6:45 p.m. but started late.

District Teachers, Classified Representatives of the Year Honored

Before the regular meeting began, AUSD Teacher of the Year Nicole Vicknair of Bidwell Continuation High School and runner up Samantha Marquardt of Marsh Elementary were honored by Associate Superintendent of Educational Services Christine Ibarra. (See related article) Vicknair is also one of the finalists for the Contra Costa County Teacher of the Year, which will be determined later this year.

In addition, Danielle French was honored as the 2024 Classified Representative of the Year, as well as finalists, Lisa Bagwell and Jezebel “Jijie” Siao.

The meeting took a brief break for photos of the award winners and board members, as well as refreshments.

Hernandez Announces Failed Closed Session Vote to Terminate Anello

At 7:15 p.m., Hernandez called the meeting back to order and reported out of closed session. He said, “A motion and second to terminate the superintendent’s contract were made. The vote was two-three, and the motion did not pass. However, Hernandez did not say how each individual board member voted.

During public comments by district staff, Brian Atkinson spoke saying, “The executive board of our chapter took a vote of no-confidence for the cabinet.”

He then mentioned “the desk on the roof”, which is one of the complaints against Turnage. “They called it a joke. Two people thought it was funny. That’s in the paperwork” referring to the findings from one of two district investigations into the matter.

His wife Kim then spoke again repeating much of what she had said earlier.

That was followed by shouts from those in attendance of, “What do we want? Justice. When do we want it? Now,” which weren’t gaveled down by Hernandez.

Rocha Warns of Impact on Bonds from District Turmoil

Toward the end of the meeting, under Agenda Item 22 entitled Rocha read from prepared remarks warning of the impact on the bond ratings from the current district turmoil. She said, “I’d like to make my own statement, explain and clear some facts. I’m just making a statement.”

“As to the special board meetings, from one day to the next I was told to come to a meeting. It was my birthday weekend. I was not contacted by the board chair and I’m the co-chair,” Rocha added.

Lewis said, “I do want to clarify, I found out about the first board meeting, I wasn’t available for both of those meetings. I found out the day of. I think the way it’s painted in the media I refused. No. I found out the day of.”

UPDATE: In a post on his Facebook page, Thursday morning, Lewis offered additional information about the special meetings. He wrote, “I want to thank everyone who reached out to check on me since last night, you are truly appreciated.

Just for clarity, there were questions about why I was not in attendance for the unilaterally called special board meetings. In both instances, I was informed of the meeting the day of the meeting was set to occur. Professional courtesy and collaborative leadership would (or should at least) dictate that scheduling a meeting should begin with identifying availability.

I’m not saying these decisions are politically motivated or informed, but I’m not, not saying that either.”
#keepitabuck #politicalpressurerevealed

Video of the meeting can be viewed on the District’s YouTube channel.

Antioch School Board president will again attempt to oust superintendent during May 8 meeting

Saturday, May 4th, 2024
Antioch School Board Trustee Jag Lathan (left) and Board President Antonio Hernandez were the only members to attend a special meeting he called for Thursday, April 25, 2024, resulting in a lack of quorum and the meeting cancelled. The banner on the wall behind them recognizes the district in the state’s California Pivotal Practice Program which “celebrate(s) excellence in education and honor(s) exemplary schools, districts, teachers, students, and classified employees.” Video screenshot.

Following no quorums for special board meetings on the matter

Questions go unanswered by Hernandez about his efforts and by district staff on complaints against Turnage, two possible investigations

By Allen D. Payton

Only two Antioch Unified School District (AUSD) Board members attended the second special meeting called by Board President Antonio Hernandez for Thursday, April 25, 2024. That prevented the closed session from being held to consider the discipline, dismissal or removal of Superintendent Stephanie Anello and her evaluation. The meeting lasted less than a minute. (See the 8:00 minute mark of the board meeting video) (See related article)

As a result, he has included the same two items for the Closed Session portion of the regular board meeting scheduled for next Wednesday, May 8. The agenda items are listed as, 2.B. Public Employee: Discipline/Dismissal/Release [Pursuant to Government Code § 54957] and 2.C. Public Employee Performance Evaluation Title: Superintendent [Pursuant to Government Code section 54957].

The meetings follow his complaints about how Anello has handled the response to employee complaints against Kenny Turnage, who, at least until recently, was Director of the District’s Facilities, Maintenance and Operations Department. It is a repeated attempt by Hernandez, who has recently, publicly called for Anello’s resignation, to oust her since his second month in office following the November 2020 election. (See related article)

April 25 Board Meeting Cancelled

Hernandez, with Area 2 Trustee Jag Lathan sitting at the dais to his right, called the meeting to order at 7:05 p.m. Vice President Mary Rocha, and Trustees Dr. Clyde Lewis and Gary Hack were not in attendance and Anello’s seat was also empty. As previously reported, both Rocha and Lewis said they were unable to attend the meeting, were not asked if they could, and learned of it the day before. Nor did Rocha participate in setting the agenda, although the normal practice of the board is to include the vice president. In addition, Rocha shared that Anello had informed the trustees on Wednesday before the special meeting was called that she would be on sick leave until Tuesday, April 30. As of that day, Anello had still not returned to work.

During the April 25th meeting, a district staff member called the roll then said, “President Hernandez, we do not have a quorum. As you mentioned, the Brown Act (state open meeting law) prevents us from conducting a meeting.” Hernandez repeated what she said for those in the audience saying, “So, because we have not reached a quorum we cannot conduct official business. So, next I will entertain a motion to adjourn, as that is allowed under meetings.” While he was saying that last sentence the video switched to show just the district’s logo and then, as Lathan was making a motion, saying, “I make a motion,” the video ended before completing what she was saying.

On the Board Meeting page of the District’s website, it shows the first special meeting doesn’t appear and the second shows as, “CANCELLED”.

Attempts to reach Hack before the meeting asking if he planned to attend and attempts, following the meeting, asking him why he didn’t attend were unsuccessful.

More Questions for Hernandez Go Unanswered

In addition to the questions asked of Hernandez the night before the meeting, which have so far gone unanswered, the following were sent to him after: “Have you received any legal or other advice on how to handle the two items on your special meeting agenda? If so, from whom did you seek it? Since there was no quorum for either special meeting will you now place those two items on the agenda for the next regular school board meeting scheduled for May 8 and hold a closed session prior to its start at 7:00 p.m.?”

He did not respond. However, the last question was answered when the May 8th board meeting agenda was released on Friday.

Anello has not had an evaluation since at least January 2021 as the board has not been able to agree on the goals the members want her to achieve, upon which her evaluation could be based.

Some of the previous questions asked of Hernandez included, “Upon what do you plan to base the board’s evaluation of the superintendent? Have you and the board set any goals for the superintendent to achieve? Do you think it’s appropriate to call for the superintendent’s resignation before evaluating her performance? How can you fairly evaluate a superintendent after you’ve publicly called for their resignation?” Again, he has not yet responded.

Questions for District Staff Also Go Unanswered, Public Records Act Request Submitted

Questions were also emailed to Anello and other AUSD staff members, copying Kenny Turnage, sent on Saturday, May 27, have also gone unanswered.

They were asked if an internal investigation had already been conducted, by whom, and if it was someone in the District’s Human Resources Department and possibly Senior Director of Certificated HR Carrie Wells. They were also asked for the findings and if it was determined the desk Turnage moved to the top of a district maintenance department building was an extra desk from storage, not the employee’s and that Turnage did it as a joke.

The district staff members then were asked if any of that information was incorrect to provide the correct information.

They were also asked if the investigation, reported by NBC Bay Area, will be handled internally or by an outside agency or individual.

The district staff was also asked if what Trustee Rocha had shared, and was reported in a previous Herald article, that as of Wednesday morning April 24, Anello was on sick leave and that the board was informed prior to the special meeting being called for Thursday, April 25 is correct.

Finally, they were asked if Turnage was still working at his desk in the maintenance department office until Friday, April 19 and then placed on paid administrative leave as of Monday, April 22, as shared with the Herald by a district employee. Finally, the district staff members were asked where Turnage is currently working in the district, for his title, responsibilities and if any other district employees answer to him.

They were given until last Monday at noon to respond. Since they failed to, the questions were then submitted as a Public Records Act (PRA) request, for which government agencies have up to 10 business days to respond. The response can also be extended an additional 14 days if necessary. (See “The People’s Business – A Guide to the California’s Public Record Act” by the League of California Cities)

May 8 Board Meeting

Next Wednesday’s meeting will be held in the Board Room in the District Offices at 510 G Street, in historic, downtown Rivertown. The Closed Session begins at 6:00 p.m. with public comments allowed prior, recognitions and the regular meeting will begin at 7:00 p.m. It can also be viewed live on the District’s YouTube channel.

Please check back for any updates to this report.

Antioch School Board president calls special meeting to evaluate, possibly dismiss superintendent

Wednesday, April 24th, 2024
AUSD Area 1 Trustee & Board President Antonio Hernandez (Herald file photo), Superintendent Stephanie Anello and district employee Kenny Turnage II. Photos by Allen D. Payton

Following employee complaints of a supervisor for prank that occurred over a year ago

Second special meeting in a week scheduled unilaterally by Hernandez – who has publicly called for Anello’s resignation – without confirming if other board members can attend; at least two trustees can’t

By Allen D. Payton

Following Antioch Unified School District employee complaints of their former boss of placing an employees’ desk on the roof in January 2023 and bullying them, and several news reports by NBC Bay Area, Superintendent Stephanie Anello has come under fire from Board President and Area 1 Trustee Antonio Hernandez. Both he and Area 2 Trustee Jag Lathan have been quoted in one or more of the news reports commenting on the employee matter. Now, Hernandez is calling for Anello’s resignation because of the incident. (See related articles here, here and here)

While the Director of Facilities, Maintenance and Operations, Kenny Turnage, II, pulled the prank and, in response, Anello has moved him into the district office to oversee the funds from the recently passed Measure B bond measure.

Before taking his position with the school district, Turnage owned and operated K2GC in Antioch which was voted repeatedly as the city’s best General Contractor over multiple years. While Chair of the Antioch Planning Commission in 2020, he was removed by a vote of the Antioch City Council following comments about COVID on his personal Facebook page. That effort was led by District 4 Councilwoman Monica Wilson who Turnage was expected to run against later that year. He was honored as the 2015 Antioch Citizen of the Year for Most Impact. Instead of running for city council Turnage run unsuccessfully in 2020 for AUSD Area 3 Trustee.

Turnage is good friends with Anello’s husband, former Antioch Police Chief Allan Cantando, which has caused some to complain and speculate the AUSD employee is being given special treatment by the superintendent.

Now, according to another NBC Bay Area news report, based on leaked information not provided to board members in an email but not to other media by the superintendent nor district staff, Anello has called for a separate investigation of the matter without her involved.

Yet, Hernandez has called two special board meetings, with a second one scheduled for Thursday, April 25, 2024 at 7:00 p.m., to Public Employee Discipline/Dismissal/Release [Pursuant to Government Code section 54957] and Public Employee Performance Evaluation Title: Superintendent [Pursuant to Government Code section 54957 and at least two other board members can’t attend. He called the first special meeting for last Friday, but it could not be held for lack of a quorum.

According to Area 3 Trustee Dr. Clyde Lewis who said he can’t attend this week’s special meeting, explained that the school board meeting agendas are set by the president, vice president and superintendent. But Vice President and Area 5 Trustee Mary Rocha was not involved.

When asked to verify that, Rocha said, “I have not been included in any of Antonio’s dealings. He said Thursday he was holding a special meeting on Friday and instructed a staff member to call the other board members. But I was going out of town for my birthday weekend. No meeting was held due to a lack of quorum. So he called another one for this Thursday and I didn’t know about it until school board staff called me and I didn’t know what was on the agenda. I’d only heard it was similar to the one before.”

“I have a funeral to attend tomorrow and family visiting from Texas, and I don’t see the urgency,” she explained. “Stephanie gave notice early Wednesday morning that she’s out on sick leave until Tuesday.”

“But when you’re the board president, out of courtesy, why would you call a special meeting if you didn’t know if your members can attend?” Rocha asked. “He’s talking to the TV and throwing us under the bus trying to claim we don’t care and he’s the only one who does.”

“Now, it’s getting hot with the employees complaining about Kenny Turnage,” she continued. “It’s a personnel matter. Stephanie has to tell us what they’re doing with it. We’ve had people come to the board meetings and complain and it’s been referred to her to handle it. But I have an email from her that she’s calling for a separate investigation without her involved,” confirming that Anello sent her email to board members.

“A separate personnel commission was set up in the 1970’s to protect from nepotism,” Rocha explained. “If we create a new position, their job is to set up job description and wages. There has always been a maintenance director, but the previous person retired and Turnage applied for it. We don’t know who else applied for it. After the person goes through the interviews and then they’re brought to us for approval. We found out who it was, afterwards.”

“You call a special meeting to deal with an employee evaluation and discipline and possible removal when they’ve done something like embezzlement,” the Area 5 Trustee stated. “Every board president is responsible for the annual evaluation. But none of them have scheduled one for the superintendent since, I think the last one by Diane Gibson-Gray. Clyde tried to have one last year. But every year we can’t seem to agree on the right trainer to help us in the evaluation process and set our goals.”

“This is all coming in from the mayor,” Rocha stated. “He and Antonio are best buddies. Then you have Jag. Just go look at all the photos with the mayor. They’re the only two invited. Antonio is always announcing events the mayor invites him to, ribbon cuttings and grand openings. But we’re never invited.”

Asked if this is another attempt by the board minority to terminate Anello, Rocha said, “heck, yes. They tried it with Ellie when she was president.”

That effort was also supported by Hernandez, but Lewis, Rocha and Area 4 Trustee Gary Hack wouldn’t support it.

“They tried it when Debra Vinson was one of two members on the board giving her problems,” Rocha added.

“You can’t evaluate her when you don’t have any goals,” she continued. “That situation with Turnage was a year ago. all of a sudden, they’re bringing it up. But the superintendent did something to handle it. She moved him out of the position and put him in the district office to deal with the bond issue. But we haven’t had much communication with her about it.”

“You have to give employees the opportunity to clean things up. You can’t just fire them. They have rights,” Rocha explained.

“Antonio isn’t giving us the courtesy, he’s just talking to the reporters,” she complained. “The president is just out there condemning the employee. What right does he have to do that?”

“When that reporter showed up at the council meeting with the cameras rolling, the president should have cut the mic,” Rocha stated. “He should have told the reporter, we can’t discuss that, it’s a personnel matter. But he allowed the press to speak against both of them, Stephanie and Turnage. The president kept allowing it to happen.” (See April 10, 2024 Antioch School Board meeting video at the 1:10:17 mark)

Questions were sent to Hernandez late Wednesday night asking why he is scheduling special board meetings before first having district staff poll the members to ensure there will be a quorum as didn’t happen for last Friday’s special meeting that he called. The board president was also asked, “Why are you setting the agenda unilaterally without discussion and confirmation with the board vice president as is the practice? Upon what do you plan to base the board’s evaluation of the superintendent? Have you and the board set any goals for the superintendent to achieve?”

Hernandez was also asked, “Is this another attempt to terminate Ms. Anello like you and then-Board President Ellie Householder unsuccessfully attempted following your election in 2020? Are you the one who leaked the information about the superintendent’s call for a separate investigation? Are you aware Ms. Anello has called in sick through next Tuesday as of Wednesday morning so she won’t be able to attend the closed session for the board to evaluate her? Do you think it’s appropriate to call for the superintendent’s resignation before evaluating her performance? Do you think it’s appropriate for a school board member to publicly speak about a personnel matter and about specific employees? How can you fairly evaluate a superintendent after you’ve publicly called for their resignation?”

Attempts to reach both Turnage and Anello about the employee complaints and the response by the superintendent have been unsuccessful to date.

AUSD board meetings are held in the Board Room at the District Office, located at 510 G Street in historic, downtown Rivertown. Thursday’s special meeting, if held, can be viewed live on the District’s YouTube channel.

Please check back later for his responses and any other updates to this report.