HomeMy WebLinkAboutMINUTES - 11091993 - 1.8 (2) .. #1 . 80
TO: BOARD OF SUPERVISORS Contra
Iy% c r
FROM:
Costa
Phil Batchelor, County Administrator
County
DATE: November 9, 1953
SUBJECT: Investigation of Head Start Policy Council Incident
of October 12 and Follow-up Recommendations
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS AND FOLLOW-UP ACTIONS:
1 . DIRECT that a copy of this report will be sent to all 22
members of the Head Start Policy Council, the four parents who
addressed the Board of Supervisors on October 12, and the
Regional Office of the Administration for Youth and Families
(ACYF) .
2 . ACKNOWLEDGE that the ACYF Regional Officer for Contra Costa
County has been invited and is confirmed to attend the annual
reorganization meeting of the Policy Council on November 10,
1993 to discuss the issue of roles and responsibilities; the
distinction between Federal regulations and internal grantee
policies and procedures; and respond to questions regarding
Head Start policy, operations, and authorities from any Policy
Council member.
3 . INVITE the Policy Council to a joint lunch meeting with the
Board of Supervisors on January 18, 1994 to discuss shared
dedision-making policies, mission, operations and future
direction of the, Head Start Program in Contra Costa County.
4 . DIRECT the Grantee staff (Community Services Department) to
develop an implementation plan which will clearly define the
roles and responsibilities of the Grantee and the Policy
Council as directed by appropriate Federal regulations and to
be considered and adopted by both the Policy Council and Board
of Supervisors .
CONTINUED ON ATTACHMENT: X YES SIGNATURE: ^
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S):
ACTION OF BOARD ON November 9 , 1993 APPROVED AS RECOMMENDED X OTHER X
APPROVED recommendation's set forth above; and REQUESTED Scott Tandy,
Assistant County Administrator, and Joan Sparks , Community Services .
Director, to meet with Connie Fuller and Elizabeth King and other
interested persons on issues related to the October 12 , 1993, Head
Start Policy Council incident.
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A TRUE
X UNANIMOUS(ABSENT I I ) AND CORRECT COPY OF AN ACTION TAKEN
AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD
ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN.
ATTESTED November 9 , 1993
Contact: PHIL BATCHELOR,CLERK OF THE BOARD OF
CC: SEEPAGE 2 SUPERVISORS AND COUNTY ADMINISTRATOR
-
BY �� DEPUTY
-2-
5. DIRECT the Grantee to provide timely and appropriate training
for members of the new Policy Council to include the above
implementation plan, parliamentary procedures and distinctions
between roles and responsibilities of all participants of the
Head Start Program. (Note: initial orientation training is
scheduled for November 8) .
6. DIRECT that the Grantee work with the new Policy Council to
review and amend Policy Council bylaws and internal operating
procedures ( IOP's) as appropriate.
7 . DIRECT Grantee to work with the. new Policy Council to review,
rewrite and adopt local Head Start Policy and Procedures and
submit to the Board of .Supervisors for concurrence.
BACKGROUND:
After an inquiry by Demetria Williams and Deborah Briggs during the
public forum at the Board meeting of November 2, we indicated that
the report on the investigation of the October 12 incident and
allegations of mistreatment would be finalized later in the week.
In addition other items would be recommended in both sharing the
report with all members of the Policy Council and follow-up actions
with the Board of Supervisors, Policy Council and Federal Regional
Administration for Children and Families regarding program policies
and operations . A copy of the report which we concur with is
attached for your information.
Attachment
Contact: Scott Tandy ( 646-4087)
cc: Head Start Policy Council (via CSD)
Fay Graef, Manager, Region IX,
Administration for Children and Families
County Administrator
Community Services Director
Community Services DepartmentChild Development 374-3994
Contra Communty Action 313-7363
Administration Costa Food Service 374-3850
1220 Morello Avenue, Suite 101 Head Start 646-5540
Housing and Energy 646-5756
Martinez,California 94553-4711 County
(510)313-7350 PATHS 427 8094
Fax: (510)313-7385 ..... .
Joan V.Sparks, -
Director
O vu;li,i a A5
5
November 5, 1993 •.
ST'9 COUN'�
To: Phil Batchelor, County Administrator
From: Joan Sparks, \irector, CSD
Subject: DEPARTMENT INVESTIGATION OF
THE INCIDENT OF OCTOBER 12, 1993
On October 12, 1993, four members of the Head Start Policy Council addressed
the Board of Supervisors alleging that they were mistreated by Community Services
Department staff at a Policy Council Executive Committee.
The following statements were made before the Board of Supervisors (statements
transcribed from Clerk of the Board audio tapes):
Demetria Williams: My name is Demetria Williams, and I'm the Policy council
chairperson for the Contra Costa Head Start. This morning, an incident occurred,
and by using our Board directives, we felt that we would bring the issue to you.
We were asked to leave, the police were called on us, we were not disruptive, it
was in the middle of the meeting. We were correcting our minutes. Mr. Weeks got
up and told me that someone had signed, and it shouldn't be signed. I continued
the meeting, and Mr. Fray got up and ejected the tape out of the wall, and he said
that it was over, and I said, 'no, you can't dismiss my meeting. this is a Policy
Council meeting. This is the parents meeting' and he said 'well, this is the county
building, and you're asked, you're to leave now. He told all the staff to leave, and
the next thing I knew, the policy was there, took, threw us out of the building, and
the police suggested that we come here to voice it to the Board.
Deborah Briggs: I'm the Policy council Vice Chair. I represent West county, and at
the Policy council meeting, the policy council would refuse to accept their
recommendation. The Grantee Operated Program parents group, they make
suggestions to the Policy council, but they are not a decision making group.
They're not a legal body. Our LPC is the Policy council of Head Start. The Policy
council refused to accept their suggestions, and I came to the Executive committee
meeting under my title voted in as Vice chair, and I signed in that way. When my
name was read, the sign-in sheet, he said that I was out of order, proceeded to end
this meeting, that this meeting was illegal because I was no longer the Vice Chair,
Affirmative Action/Equal Opportunity Employer
nor did I represent GOP. When the chair refused to end the meeting, he called the
meeting out of order. the tape and the tape recorder are purchased with parent
activity funds. It's a parent fund, not staff funds. Then Connie Fuller went out to
get another tape, and the tape recorder, so we could continue our business and
have it taped. She was grabbed by Mike Weeks and Ron Fray, and that's when I
guess, they decided to call the police. They also told us that we were not allowed
to use their phones to contact anyone. Then, Mike Weeks came in, back into the
room, and told us that we had to leave. Once the policy arrived, they asked that
we leave. They talked with us and they suggested that we come and talk to-you.
Before we came here, we went to Sunne's office, and that's when we were
informed that you were meeting today.
Beth King: Hi. I'm Beth King, and I'm the alternate on the Policy council this year.
And, at the Executive Committee of the Policy Council this morning, agendas went
out last week, and it was a legal meeting. It met all the conditions of the Brown
Act, and they are required o be open public meeting, just as your meetings are here,
and so, I was coming as a member of the public, since their secretary did not show
up and I served as a Policy Council secretary. In previous years, they asked me if I
would take notes, and I said yes. I was asked to sit at the table. The Executive
Committee didn't have any major decisions on their agenda. They were there to
review the minutes of the past meeting and to set the agenda for the next Policy
council meeting later on this monthly, and they also had on the agenda to review the
concerns of the GOP parents that they were bring against Ms. Briggs. So, we were
all anxious to get to that point so we could hear what these parents' concerns were
and deal with them, but before we even got to that point, we were on the second
item of the agenda, when Mr. Weeks got up and said that this is an illegal meeting,
because someone signed in as a position that they shouldn't have. I don't believe,
I'm not a legal counsel, but I don't believe that theres any grounds for calling a
meeting illegal, because someone signed in incorrectly, according to them. But, we
were told by Mr. Weeks that the meeting was illegal and he was calling the meeting
right now, and everyone was to leave, and we said that no, this is a parent meeting,
that you can't call our meeting. Only the chairperson can call, and he said, "No.
This is a County building, and you guys have to leave."
Connie Fuller: Good morning. My name is Connie Fuller, and I'm coming as a
representative, I guess, I don't know. I have a lot of concerns, because this is the
first time that I've been the first time I've been physically grabbed by staff of
County, and, but it's not the first time I've been asked to leave or not use their
telephones, or told that I was stealing property. But, as it was stated earlier, we had
tapes that are purchased, and a recorder, with federal funds, and they are out of
2
parent activity funds for parent supplies. Therefore, we should have access to those
supplies. At a previous meeting I took the tapes because in our IOP's it states that
our secretary is responsible for transcribing minutes, and we cannot do that without
the tapes. I was told to hand them over, and I refused. I was told I was stealing, I
was told by Mike Weeks and Ron Fray that I was to get off the telephone. Today,
when I left -- after even had taken place, and I asked the Executive Committee
members if they'd like the recorder and the different tape so we could continue to
tape our meeting, we had a number of corrections to the minutes, and I was..... one
by one, and we'd like to .... so it was an expedited process. I went out to get the
recorder, and I grabbed a new tape, and I was physically accosted by Mike Weeks
and by Ron Fray, and they got on the phone and said they were calling the police,
filing a report. I said, "Fine, go ahead." They said they already have a report on me
for the incident previous to this. I received a letter stating that the District
Attorney's office was notified, and to my knowledge, that s not true. There was no
police report filed, according what was stated today by the police officer, and by
Ron Fray, and I'm just tired of harassment and intimidation.
The Department has investigated the matter and has made the following findings:
1 . The Department adamantly denies that members of the Policy Council (PC)
were physically accosted. Both Mike Weeks and Ron Fray deny that they, in any
way, physically accosted Ms. Fuller.
2. The recall of Deborah Briggs and Allison Joseph was done by a properly
convened forum of the Grantee Operated Program (GOP) in West County. In a
telephone conversation, October 13, 1993, between Karen Mitchoff, Cheryl Franklin
Golden, Head Start Program Manager, Joan Sparks and Maria Fort, Program Officer,
U.S. Department of HHS, Administration of Children and Families, Ms. Fort stated,
"if the GOP parents elected their representatives, they have the right to recall those
members". Therefore, the Grantee supports the GOP parent's authority to recall
their representatives to the Policy Council(PC).
3. The meeting called by the PC Chair and the Executive Committee on October
12, 1993 with the recalled members to the executive committee, seated, voting on
decisions, and offering opinions, was not a legally convened meeting. It is the duty
of staff to protect the "process" and notify groups if meetings are not legally
constituted. In a telephone conversation with Maria Fort, Scott Tandy and Joan
Sparks on October 12, Ms. Fort asked if anyone (staff) informed the individuals that
it was not a legally constituted meeting. Ms. Fort was informed that this in fact was
what staff was attempting to do but Ms. Williams both refused to acknowledge staff
3
and accept the counsel.
4. It was proper, as a matter of County policy, for county staff to maintain,
control and protect County property. Staff did not physically accost any person,
staff simply held onto county owned equipment. There may have been some
contact as a result of both Fray and Fuller having their hand on the tape recorder.
Ms. Williams and Ms. Fuller removed nine audio tapes from prior meetings that are
the only source of public record the department maintains. The tapes were not
returned until Ms. Fort, ACF, instructed Ms. Williams to return the tapes to the
Grantee.
BACKGROUND:
On September 25, 1993, the parents of children in the Grantee Operated Program
(GOP) held an informational meeting to discuss rumors they had heard that some
members of the Policy Council were planning on not approving the Head Start Grant
Application. Ms. Briggs and Ms. Joseph were notified but refused to attend. At the
informational meeting of the Policy Committee eighty (80) parents signed petitions
and wrote letters (see attachments) to their representatives on the Policy Council,
Deborah Briggs and Allison Joseph to vote approval of the 93-94 grant application.
A formal emergency meeting for September 27, 1993, of the Parent Committee was
ordered by the parents due to the gravity of the issues. Allison Joseph, current GOP
Chair was contacted by phone following the informational meeting and asked to set
the meeting. Three staff members were present for the call and two spoke with her.
She refused to call the meeting as was informed that Teresa Rubio, Vice Chair was
calling the meeting. At this time she was informed of the meeting time, date and
place and was also informed that the notice of the meeting was being posted in
accordance with Brown Act.
On September 27, 1993 a morning meeting was convened by Theresa Rubio, Vice
President of the Parent Committee. Both Allison Joseph and Deborah Briggs refused
to attend this meeting claiming that it was an "illegal meeting". A vote was called
for on the issue of the representatives to the policy council. Representatives
Deborah Briggs and Allison Joseph were unanimously (47 members in attendance)
voted out of office and removed as policy council representatives. The West County
parents then selected two alternates to replace the recalled members.
On the evening of September 27, 1993 at a meeting of the Head Start Policy
Council meeting a delegation of parents from West County attended and attempted
4
to have the Policy Council Chairperson recognize the vote they had taken that
morning to recall Deborah Briggs and Allison Joseph. The Policy Council Chairperson
refused to accept the vote taken by the West County parents and did not recognize
the two alternates selected by the parents that morning.
On October 12, the Executive Committee meeting was called to order by Ms.
Williams, where she immediately turned the meeting over to Ms. Briggs. This act
infuriated parents from West County who came to the meeting to observe and hear
what the committee would do when the GOP issue was raised. When Ms. Williams
turned the meeting over to Ms. Briggs, these parents looked at staff for answers.
At this point, Mike Weeks, Program Analyst-Personnel Officer for the Department
stood and asked to be recognized by the Chairperson.
The Chairperson refused to recognize Mr. Weeks. Mr. Weeks then announced that
the meeting was not a legally convened meeting and asked that the meeting be
terminated.
The Chairperson continued to refuse to recognize Mr. Weeks. At this point Mr.
Weeks asked that everyone vacate the meeting room, at which point the staff and
visitors left the room.
Ron Fray, Contracts Specialist for the Department, who was sitting next to the
recorder proceeded to remove the audio tape and disconnect the machine. He then
took the recorder to the secretary's desk at which point Connie Fuller approached
Mr. Fray and demanded that the tape recorder be given to her. Mr. Fray replied that
the recorder and tapes were county owned properties and that she did not have the
right to remove them. Ms. Fuller grabbed the handle of the recorder and tried to take
it from him. He continued to maintain a hold on the machine, she in turn would not
let go. At this point Mr. Weeks approached the desk and observed the confrontation
between Ms. Fuller and Mr. Fray. Mr. Weeks also grabbed the handle of the recorder
in an attempt to help Mr. Fray. When Mr. Weeks grabbed the handle of the recorder
Mr. Fray removed his hand. Mr. Weeks continued to hold on to the recorder until
Ms. Fuller released it. During this entire period, Ms. Fuller was screaming that she
had a right to the property.
To place the incident of the tape recorder in perspective, it is important to
note that both Ms. Fuller and Ms. Williams had previously removed audio
tapes containing documentation of official meetings without authority or
permission. On October 7, the Department officially requested, by letter, that
5
the tapes were county property and must be returned by October 8. When the
tapes were not returned by the suspense date, contact was made with County
Counsel who advised the Department that an official police report be filed.
This report was filed with the Concord Police Department the evening of
October 8, 1993.
At the time of this incident those tapes had not been returned. They were not
returned until Ms. Williams called the Regional Office and was advised by the
Regional Officer to return the tapes. The tapes were then returned to the
Grantee Office and given to the Acting Program Manager Marie Poe the
afternoon of October 12.
The Concord Police were called when voices escalated to screams; P.C. members
refused to leave the building; and Ms. Fuller attempted to remove county property.
The Police officers arrived and politely requested all non-county personnel to vacate
the building.
The Department, as do other County departments, maintains a policy that telephones
are for county business only. All Department staff have been instructed to ask
individuals who request the use of phones that if it is a personal call to use the
public phone in the main hall. In this case, PC members did in fact use the
department telephone.
On October 21 , at a meeting of the PC (all members were notified) the Department
felt it was important to resolve ongoing differences with some members of the Policy
Council and staff. The Department was able to obtain agreement from the Policy
Council Chairperson that a mediation session be conducted. The Department
arranged to have Dr. David Stiebel, an expert in conflict resolution provide mediation.
The Department feels the mediation effort was helpful and allowed individuals an
opportunity to identify a plethora of issues to address as Head Start moves forward.
CONCLUSION:
The October 12, 1993, Executive Committee of the Policy Council was an illegal
meeting since it was being conducted by a member (D. Briggs) who had been
recalled. If the members sitting on the Policy Council would have terminated the
meeting when they were asked, this incident would not have occurred.
If staff would have allowed the meeting to continue this incident might have been
prevented. However, staff felt compelled to support the West County parents in the
6
audience in their legal right to elect and recall their representatives.
In closing, it is important that I share with you my sincere appreciation for your
continued support and the support that Scott Tandy has given to the Head Start
Staff, Policy Council Members and me through these very difficult times. It is also
important to say that the Department is committed to the Head Start Program and
will continue to provide quality programs to the families and children we serve.
Please call me if you or any have any questions or concerns.
cc: Policy Council Members ,
Region IX Office of Administration Children and Families
Cheryl Franklin Golden, Head Start Program Manager
Scott Tandy, Assistant CAO
7
We the Parents Of West County Head Start DEMAND that our
Policy Council Representives sign the Grant.
Los padres del programa de Head Start del Oeste DEMANDAR que los
representativos del Consejo de Poliza firma el presupuesto.
PLEASE PRINT NAME/NOMBRE EN LETRAS SIGNATURE/SU FIRMA
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We the Parents Of West County Head Start DEMAND that our
Policy Council Representives sign the Grant.
Los padres del programa de Head Start del Oeste DEMANDAR que los
representativos del Consejo de Poliza firma el presupuesto.
PLEASE PRINT NAME/NOMBRE EN LETRAS SIGNATURE/SU FIRMA
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