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Showing posts with label Voice Of San Diego. Show all posts
Showing posts with label Voice Of San Diego. Show all posts

Sunday, August 4, 2013

Emery's Series D Bonds Slammed by Grand Jury Reports

Grand Jury Calls School Financing 
"Reckless" & "Ticking Time Bomb"

The Voice of San Diego, who broke the story the of California school districts issuing Capital Appreciation Bonds (CAB) for their school construction projects, is now reporting that numerous civil grand juries are issuing reports highly critical of this abusive method of buying now and paying much much later.   Our own Emery Unified School District recently issued such a bond as its "Series D" in which Emeryville tax payers will have to pay back nearly $70 million over 32 years in order to receive $17 million to put towards the construction of a new grammar school building at the Emeryville Center of Community Life (ECCL).
Emery is using its Series D CAB to finance the closing of popular Anna Yates Elementary School on 41st Street in order to move the children over to the Center of 'Community' Life site on San Pablo Avenue.  A Kindergarten through 6th grade building will be built on the site at a cost of approximately $17 million ($70 million including financing) School District officials have said.
The whole schools portion of the ECCL project is slated to cost in excess of $150 million, not including the City's $21 million portion and interest on that.
Emeryville's Anna Yates Elementary School
Photo shows an addition completed as part of a

 $9 million remodel a few years ago.  This will be 
replaced with a new $70 million building at the 
Center of 'Community' Life site.

As the Voice of San Diego reports, the San Diego County Grand Jury, the Santa Clara County Civil Grand Jury, and now the San Mateo Grand Jury have all issued reports that slam these balloon-payment bonds. San Mateo's report called Capital Appreciation Bonds, "reckless" and a "ticking time bomb." A spokesman for Bill Lockyer reiterated his position that using Capital Appreciation Bonds (CABs) "has been a big mistake that has hurt taxpayers." The recent San Mateo Grand Jury report was particularly harsh, calling CABs, "Too-Good-to-be-True Bonds" noting that the "taxpayers who approve these loans are presenting the tab to their children and grandchildren." Legislation to curtail CAB borrowing is currently under consideration in Sacramento.

The Voice of San Diego highlighted the story of Southern California's reckless Poway Unified School District bonds, in which that district borrowed $105 million and will have to pay back $1 billion because of the use of a Capital Appreciation Bond (CAB) that delays payments for years while interest accrues, making it the poster child for reckless school district financing.


Tattler readers will recall a recent debate via letters on the pages of the Tattler in which parent and former Bond Oversight Committee Chairman, Brian Carver, called Emery's dive into CAB financing through its Series D bonds "unbelievably bad" and CABs in general "absolutely terrible deals" while School Board Trustee, John Affeldt, defended the Series D bond as "prudent and measured."

It appears that counties across California are weighing in on the practice as well, and their conclusions are highly critical of Emery's choice.

They're both lawyers:  They can't both be right.
Who's telling us the truth?
Consider the source;
the insider or the oversight director.
Former Bond Oversight Chairman 
Brian Carver
 "This 'Series D' Capital Appreciation Bond
is a terrible deal for Emeryville taxpayers".
School Board Member 
John Affeldt
"This 'Series D' Capital Appreciation Bond
is a good deal for Emeryville Taxpayers."

Wednesday, March 13, 2013

State Treasurer Says Emery Broke the Law

First Charge of Law Breaking Surrounding Measure J
California State Treasurer says Emery Unified School District broke the law when the District accepted campaign cash for the 2010 school bond Measure J from the bond writing firm Caldwell, Flores & Winter and then awarded the same firm the bond writing contract after the election that paved the way to build the Emeryville Center of Community Life.  The Treasurer shows how school districts like Emery used this tactic to violate existing California laws forbidding such quid pro quo clandestine agreements.
Emery School Board members refused to comment on the allegations emanating from Sacramento Wednesday evening.
The Voice of San Diego highlights the story of Emery and other law breaking school districts up and down the state:

State Treasurer Will Probe School Bond Donations - Voice of San Diego: Education

State Treasurer Bill Lockyer will urge the state Attorney General Kamala Harris to clarify whether a raft of recent controversial school bond deals are legal.
Lockyer told Voice of San Diego Tuesday he wants to know whether bond underwriters are allowed to contract with districts to provide campaign services in the run-up to a bond campaign, in exchange for an exclusive right to buy the district's bonds if the campaign is successful. Lockyer said he thinks such arrangements are illegal under the existing law.
"It's troubling,"Lockyer said. "I think it may well violate current law that limits quid-pro-quo transactions."
(For a detailed look at what bond underwriters do, see this explainer.)
A recent Voice of San Diego investigation found a significant correlation between major donors to local school bond campaigns and the companies that won contracts to work on the bonds.
It found that almost every time an underwriter has given a large donation to a successful bond campaign since 2006, the same firm has also won a contract to buy the district's bonds once the bond measure passed.
Elsewhere in California, recent investigations have examined the relationship between underwriters and school districts. A report last month in the Orange County Register probed bond deals made between the Placentia-Yorba Linda Unified School District and underwriter George K. Baum & Co.
School districts in California are forbidden from using public money to fund bond measures.
Lockyer said he's concerned that districts are increasingly striking deals with underwriters that require the underwriters to donate to the campaigns. In exchange, the underwriters get lucrative, exclusive bond deals. That's essentially the same thing as using public money to campaign with, he said.
Lockyer, who was in San Diego Tuesday to address a group of school district finance officials, has drafted a letter to the attorney general but said it isn't yet complete. He showed me a draft on his iPhone, but said it was still being amended.
Lockyer's spokesman, Tom Dresslar, said the letter will focus on deals where districts have express contracts with underwriters to sell bonds to the firms in exchange for campaign services in the run-up to the election.
The state's top prosecutor has already warned districts about some bond sales.
A letter last year to the Poway Unified School District warned that Poway was crafting a deal that was against the law. The district went ahead with the deal anyway, borrowing $31 million in extra upfront cash that will eventually cost taxpayers about $219 million to pay back. (An element of Poway's deal that was examined in this VOSD investigation.)
Lockyer wasn't deterred by the fact that districts have ignored legal opinions from the attorney general in the past.
"Generally, people want to be law-abiding," he said. "Maybe there just needs to be more public awareness of the issue. This just needs an aggressive prosecutor."
Lockyer, along with San Diego County Treasurer and Tax Collector Dan McAllister, who joined the treasurer for a press conference, also called on local district attorneys around California to aggressively investigate school bond deals.
I called a spokesman for District Attorney Bonnie Dumanis, but haven't heard back. I will update this post if I do.
Will Carless is an investigative reporter at Voice of San Diego currently focused on local education. You can reach him at will.carless@voiceofsandiego.org or 619.550.5670.

Wednesday, February 20, 2013

School District Corruption Uncovered: Pay-to-Play

San Diego County Schools = Emery Unified School District

Emery Unified School District; are your ears ringing?

The San Diego based member-supported nonprofit investigative news organization The Voice of San Diego uncovers rampant fraud and corruption among school districts state-wide as they engage in facilities construction projects.  Central to this exhaustive piece of investigative journalism is the connection between big school construction bond campaign donors and the subsequent awarding of contracts by the school districts.
This is exactly what happened in Emeryville; Center of Community Life builder Turner Construction and bond underwriter Caldwell, Flores and Winter were the largest donors to Measure J, the 2010 school construction bond plebiscite and they were both subsequently chosen by the Emery School Board to receive lucrative contracts...a highly profitable payback ratio for them.  The Tattler reported on this likely quid pro quo campaign-donation-for-contract deal last May.
The story below illustrates how this pay-to-play illegal practice has become an epidemic across the State of California as school districts try to rebuild their schools in the wake of State education cutbacks.

Notable also in the Voice of San Diego story is the exposing of the nefarious 'lease-leaseback' no bid contract deals being awarded to construction firms from school districts around the State.  Again, this practice was also struck with Turner Construction by the Emery School Board.  The story shows how these lease-leaseback schemes are ripe with corruption.

Again, Emery shines...but not in a good way: readers should note if Emery were placed on the School Bonds VS Contracts chart featured in the story, it would rate 100% campaign contribution donated to contracts awarded; another shameful distinction.

This Voice of San Diego investigation is extremely valuable for Emeryville residents to see how their school district has finagled and schemed, transparency be damned, to build the schools at the Center of Community Life.

Here then, is the Voice of San Diego story:

On Local School Bonds, Big Donors Often Win Big Contracts

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  • Construction is under way on new facilities at Montgomery Middle School.
FROM THE REPORTERS
The Question
We wanted to know whether major donors to school bond campaigns are likely to win contracts from school districts once the bond passes. 
The Research
We looked at every school bond campaign in San Diego County since 2006, and focused on companies that donated more than $5,000 to campaigns. Then we approached each district to see whether the same companies won contracts from the district that were paid for with bond dollars. 
The Results
We found a significant correlation between major donors and contracts in 13 of the 17 districts we studied. In some districts, that correlation was striking. In the business of bond underwriting in particular, almost every major donation was followed by the company winning a contract from a district. 
Posted: Tuesday, February 19, 2013 5:55 am | Updated: 11:40 am, Wed Feb 20, 2013.

If you donate more than $5,000 to a school bond campaign in San Diego County, you have a good chance of getting the often lucrative contracts that follow.

A four-month Voice of San Diego and NBC 7 San Diegoinvestigation into local school bond campaigns revealed a pervasive pattern: In 13 of the 17 local school districts that have issued bonds since 2006, a significant correlation exists between the major donors to the district's bond campaign, and the companies that won work on the bond program.

Overall, more than 70 percent of companies that donated more than $5,000 to those campaigns also won bond-funded contracts.
And several donors were awarded contracts without going through an open, competitive process. Rather, they were hand-picked by district officials and school boards, or were chosen by a selection process that bypassed long-standing safeguards designed to ensure the public is getting the best possible deal.
Passing a school bond in California takes serious money.
There are consultants to pay and mailers to print. There are campaign signs to erect and robocalls to record. It's a complicated, costly process that can take months of planning and often requires tens or even hundreds of thousands of dollars.
"You can't bake-sale your way to a bond measure," Tim Baird, superintendent of the Encinitas Union School District, likes to say.
Luckily for California districts, private companies are willing to spend big cash to boost bond campaigns. Construction firms, architects, lawyers and investment banks all stand to make a lot of money from school districts if their bond measures are successful.
Those donations aren't supposed to influence districts when it's time to start handing out work to finance and build projects paid for by the bonds. School officials and trustees are supposed to pick the firms that will give taxpayers the best deals on loans, financial and legal advice, and construction work.
But in some districts, the number of big donors that also received contracts was striking.
Eight companies donated more than $5,000 each to the campaign for Poway Unified School District's Proposition C, which passed in 2008. Seven of those firms won contracts with the district.
Five companies gave the Oceanside Unified School District's Proposition H campaign more than $5,000 in 2008. They all won contracts to work on the bond program.
Every one of the 12 companies that contributed more than $5,000 to the Grossmont Union High School District's Proposition U campaign in 2008 won a contract from the district.
The subjectivity involved in handing out hundreds of millions of dollars in taxpayer-funded work, combined with the fact that large campaign donors often end up winning contracts, has government watchdogs, lawmakers and other regulators concerned.
"This is a quid-pro-quo that would be illegal in just about any other circumstances," said former Assemblyman Chris Norby, who introduced a recent bill aimed at barring bond underwriters from contributing to school bond campaigns. "Can you imagine a politician getting money from a company and then saying, 'You're going to get all of my business from now on?' He'd be in jail for sure."
Donations aren't a guarantee of work. At some districts, donations of more than $10,000 did not result in contracts for the donors. Similarly, some of the biggest winners from local school bond programs didn't donate a cent to bond campaigns.
School district officials across the county said donations to bond campaigns have no impact on who is selected for contracts. The staff members who choose which companies win contracts often don't have any idea who has donated money, officials said.
However, aware of the negative connotations of awarding contracts to big donors, some local districts have started to limit the donations they take from firms that will later compete for their business.
And even in districts that have no limits, officials acknowledged the current system is far from perfect.
'A Little Awkward'
Last fall, Scott Buxbaum was trying to get the Proposition C bond campaign for the Cajon Valley Union School District in El Cajon across the finish line. So, Buxbaum, the district's deputy superintendent of business services, picked up the phone.
He called an investment bank that underwrites hundreds of millions of dollars in school bonds nationwide and is a generous donor to local school bond campaigns.
He heard something he wasn't expecting.
The company would only write a check to the campaign if the district was prepared to sign a contract stating that it would underwrite Cajon Valley's bonds, Buxbaum said.
"I told them, 'No, well that’s not going to happen,'" and hung up, Buxbaum recalls. "I felt a little awkward."
When districts issue bonds, an underwriter agrees to buy the whole bond issue for a fee, often hundreds of thousands of dollars. The company then sells the bonds to investors, netting a profit on the transaction.
Bond underwriters, often large Wall Street banks, are typically some of the highest-paid of all the firms that contract with a school district. And they're big donors to school bond campaigns.
Unlike construction firms, which are usually awarded contracts only after a district has considered bids from several companies, underwriters seldom undergo a competitive bidding process to win a district's bond business.
Rather, school boards negotiate bond sales directly with underwriters — they agree on a fee and negotiate over the interest that will be paid on the bonds. In large deals, minute differences in interest rates could amount to hundreds of millions of extra dollars the taxpayers will ultimately pay to borrow money.
That has long concerned some California legislators, bond industry regulators and industry insiders, who worry that underwriters can buy access to bond business with large campaign donations.
In 2011, a bill sponsored by Norby sought to ban underwriters from working on bond programs to which they had previously donated. It died in a state Senate committee.
Norby said the bond campaign process has been "hijacked by Wall Street." Expensive campaigns are now bolstered by Wall Street banks, a far cry from PTA groups going door to door to promote school bonds, he said.
"There's no honest community debate," Norby said.
Two similar bills sponsored by then-state Sen. Roy Ashburn in 2010 also died in a Senate committee.
A letter to Ashburn from Stratford Shields, then-managing director of Morgan Stanley, laid out the bank's reasons for supporting tighter rules on donations.
"There are many cases where there is an appearance that only the contributing firms to a bond ballot election committee have an opportunity to compete to provide financial services for the bonds," Shields wrote.
School bond underwriting across San Diego County has been dominated by six firms since 2006. In that time, those companies donated more than $280,000 to bond campaigns between them. Almost every time an underwriter donated more than $5,000, it won a lucrative contract to underwrite the district's bonds.
In 2011, the underwriter Stone & Youngberg netted $813,751 for underwriting Poway Unified School District's now-infamous billion-dollar bond deal.
Poway's bond campaign committee had received $25,000 from Stone & Youngberg four years earlier.
The Sweetwater Union High School District paid two underwriters almost $1 million combined to buy their bonds in 2008. One of those underwriters was Alta Vista Financial, Inc., which donated almost $50,000 to Sweetwater's bond campaign committee 16 months earlier.
Trading bond underwriting work for campaign donations is against the law, according to the California Legislative Counsel Bureau, which provides nonpartisan legal advice to state legislators.
"It is our opinion that a school district or other local agency may not condition the award of an agreement to provide bond underwriting services on the underwriter also providing campaign services in support of that bond measure," Legislative Counsel Diane F. Boyer-Vine wrote in a 2010 letter to then-state Sen. Roy Ashburn.
The bond underwriters contacted for this story did not respond to calls for comment.
A spokeswoman for one company, Piper Jaffray & Co., emailed a statement:
"We will not make, or indicate a willingness to make, any financial contribution as a condition to being retained as an underwriter," she wrote.
The Rise of the Lease-Leaseback
Once a school district has sold its bonds, it's time to hire construction firms: architects to design the buildings, construction managers to oversee projects and general contractors to run each construction site.
Traditionally, a California district would hold an open bidding process for those jobs. It would solicit bids, and choose the company that could perform the work for the lowest price.
That method of choosing contractors is fast disappearing in San Diego County. It's being replaced by a process called "lease-leaseback."
In a lease-leaseback, a school district leases a piece of property to a developer, usually for $1 a year. The developer then leases that property back to the district while it is building on the site. The "rent" the district pays over time for this second lease finances the cost of the project's construction.
This method allows a district to contract directly with a developer without holding a competition to see who can build the project for the lowest price.
While school district staffers usually evaluate various bids before awarding a lease-leaseback contract, this process breaks with longstanding requirements to award public construction contracts to the lowest bidder, said Kevin Carlin, a local attorney.
Carlin is suing the Sweetwater Union High School District over its use of lease-leasebacks. He said the requirement to award a contract to the lowest bidder removes any subjectivity from the decision-making process and keeps the system fair.
And he said the lease-leaseback method has been bastardized from its original purpose — to help districts that couldn't afford to fund projects upfront.
Local school district officials and private construction firms have begun to use lease-leasebacks primarily to avoid awarding contracts based solely on price, Carlin said.
"Anytime you introduce the possibility to deviate from the lowest sealed bid, you introduce the opportunity for influence, favoritism, possibly fraud, possibly corruption," Carlin said.
In recent years, large construction firms that donated to local bond campaigns have consistently been awarded such contracts by local school districts.
In Poway, two local construction firms wrote large checks to the school district's Proposition C campaign in 2008. Douglas E. Barnhart, Inc. donated $49,999. Echo Pacific Construction, Inc. donated $60,000.
Barnhart was awarded two lease-leasebacks. Echo Pacific hit the jackpot — it was awarded 13 lease-leasebacks under the district's bond program.
In Sweetwater, two of the four companies chosen to complete lease-leasebacks for the district's Proposition O bond, which passed in 2006, had earlier contributed more than $5,000 to the bond campaign.
'It's Our School District'
David Dudley's company, West Coast Air Conditioning, donated $10,000 to the Cajon Valley Union School District's Proposition D campaign in 2007. Dudley's family trust donated another $20,000 on the same day.
West Coast Air was subsequently awarded a lease-leaseback to build the Cajon Valley Middle School, the largest project built with Proposition D dollars.
Dudley acknowledged that some local districts have earned bad reputations for their bond practices, but said not all districts, or all companies, should be tarred with the same brush.
West Coast Air has been building projects for the Cajon Valley district since 1962, he said.
"It’s our school district," Dudley said. "My kids have gone through the school district. A lot of the people who work here's kids are in the district, so we’ve had a long, long relationship with them performing work and also on the community side."
School district officials across the county similarly cautioned against drawing connections between donations and lease-leaseback contracts.
Lease-leasebacks offer districts — and taxpayers — all sorts of benefits that don't exist when companies are chosen simply on the basis of cost, said Baird of Encinitas Union.
Just as an individual homeowner wouldn't necessarily choose the cheapest craftsman to repair his home, Baird said, districts should be able to choose contractors based on experience and their prior relationship with the company.
And the notion that districts can be bought for a few thousand dollars is ridiculous, he said.
Avoiding a 'Subconscious Response'
The need to ask companies for money, combined with a district's ability to hand out contracts based on factors other than cost, creates an atmosphere that's ripe for corruption, said Bob Stern, former president of the Center for Governmental Studies, a now-defunct watchdog group in Los Angeles.
"They're not going to say that they look upon donors favorably," Stern said. "But studies always show that there's a subconscious response in these situations."
To avoid even the perception of pay-to-play, some districts have started to proactively limit the amount they will take from donors.
Buxbaum said the Cajon Valley district's 2012 bond campaign placed a $2,000 limit on contributions, specifically to send a message that contracts couldn't be bought.
Other districts haven't followed suit.
The second-largest successful school bond campaign in San Diego County last year was Proposition AA at the San Dieguito Union High School District. The measure asked voters to approve the district selling almost half a billion dollars' worth of bonds.
The campaign contributions list for Proposition AA is a who's who of construction and bond finance firms.
Five companies each donated $25,000 to the district's bond campaign, including one underwriter, three architects and one large construction firm.
If history is any guide, those five companies stand a very good chance of being awarded a contract at some point in the near future.
Will Carless is an investigative reporter at Voice of San Diego and Wendy Fry is a reporter for NBC 7 San Diego. You can reach them at will.carless@voiceofsandiego.org andWendy.Fry@nbcuni.com.