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Poway Unified Seeks to Move on From Billion-Dollar Bond Controversy

Board members said they made the best decision they could at the time, and were the subjects of unwarranted media and public attacks.

Poway Unified officials are looking to move on from controversy over an expensive bond deal after reviewing a favorable investigation report.

During a three-hour meeting earlier this week, board members criticized the media and local critics, but acknowledged they might not have done enough research beforehand.

“With the benefit of hindsight it is clear to me that I personally should have asked more questions,” board member Todd Gutschow said at the tail of the special meeting.

The board meets again on Monday and is expected to begin discussing what to do next.

But this week the focus was on the backward-looking investigative report by Robert Price of ESI International Inc. Superintendent John Collins, who said he ordered the report to answer critics, criticized the media for questioning the legality and integrity of the district’s moves, and making “personal attacks” on the board over the billion-dollar bond.

The $105 million bond issuance for school repairs will cost taxpayers about $1 billion over 40 years. The report concluded that district staff, consultants and attorneys followed proper procedures and made appropriate decisions based on the market information they had in 2011 when the bonds were sold.

But district officials have been criticized for making a deal with such a long term but no provision to pay it off early (a “call” feature).

Price said the district’s chances of having enough revenue to pay off the bonds early seemed “very, very slim.”

“When I asked your consultants they looked at me like I had two heads,” Price said Monday, adding that some districts include a call just to say they have one. PUSD’s advisors didn’t want to take the risk of including the feature—and its added cost—if it wouldn’t be put to use, he said.

Price couldn’t say how much a call would have added to the bond’s cost, but board president Marc Davis previously estimated upwards of $100 million.

Board member Kimberley Beatty further pressed Price about the deal’s costs, asking whether the underwriting firm was acting in the best interest of the district or investors, and if the process had been competitive enough to ensure the district received the best interest rates and fees. Collins, however, shifted the conversation away from the district’s bond sales process by asking her to send him her questions for a response.

The superintendent and Davis also addressed a concern many have had about the lack of communication from district staff and board members since the bond deal controversy erupted in August after a Voice of San Diego report.

“Due to various [legal] threats that were made to the district, our legal counsel back in August advised us to cautiously limit our comments to the public,” Davis said, adding he now thinks it was the wrong choice to keep quiet.

Davis said the “vacuum of information caused people to believe we were doing something illicit” and that was not the case.

Collins said the media and public unjustly questioned the integrity of the district’s staff and Price, some on TV even calling district staff liars.

“It’s dead wrong. ...I say shame on you,” he said.

The real issue is how the state has “completely abdicated” its responsibility to fund appropriate facilities for students to learn in, he said.

“Nobody has suffered the way California has. ...You can’t expect children to attend school in dilapidated facilities and have the same learning opportunity as those in brand new facilities. It just doesn’t make sense,” he said.

“Every child in this district attends a quality, first-rate facility.”

Board member Penny Ranftle said having equal facilities across the district protects property values and makes the deal worth it for some parents, though she understands others may not feel that way.

“Will I apologize to you for fixing up our schools? I will not,” she said.

Board member Andy Patapow said district staff has spent “an incredible amount of time” on this issue and it’s time to refocus on educating students.

“I think we made the best possible choice at the time with the information we had and I don’t regret that at all,” he said. “Let’s move forward.”

Other notes:

  • Price said he chose not to speak to State Attorney General Kamala Harris about a letter her office sent to PUSD questioning the legality of using an added $21 million premium to cover costs. Instead, he spoke to district advisors and reviewed documents.
  • Price said County Treasurer-Tax Collector Dan McAllister would not speak to him for his report. However, when asked about this, McAllister sent Patch a letter he mailed to PUSD addressed to Collins and the board in September that he said served as his response to Price. In an email, Davis said he did see the letter, but it didn’t scratch “the surface of the questions I believe that Bob Price wanted to ask him face to face. It is too bad that he wouldn't do a formal sit down interview with him as all of the other involved parties did.” Price did not respond to emails or phone calls for a response. The letter is attached to this story.
  • Former board member Jeff Mangum also presented a report he and several others wrote about the deal. It can be found here.

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Editor's Note: This story has been updated with the correct spelling of Kimberley Beatty's name.

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Status Quo March 30, 2013 at 08:26 pm
Ken' "since most of the pro-active sports organizations (ASA (softball), AYSO, and LittleRead More League) have been doing it for years." "The only thing is that it won't stop those that have not been caught yet." Right up front, this is not attack of your insider view... however you make excellent case of the dubious nature of Mr. Maienschein's efforts. The organization you umpire, is already pro-active(if no perpetrators have been present within the org.) and legislation is an interference. Although the Assemblyman shares my Party affiliation as Republican, his legislation is a Progressive trojan-horse adding a layer of expansive over-governance. Ken, will his legislation improve the efficacy of background checks? Will it force lesser pro-active or ill-financed organizations to fold? Although I align myself with Scott Nelson's bottom line and sentiments, quite reticent to believe "local governments/state governments are willing to provide and pay for" anything themselves. For it is you and me, not legislators or governance that pays for programs such as these. I have found Government, highly inefficient and bad stewards of the interests of our children. In the interest of efficiency, I am quite confident in order to coach his daughter's soccer team he has passed his background check... and quite willing under my added mandate, to allow his check to suffice for legislative service as compliant.
Ken Mosley March 30, 2013 at 04:03 pm
Being an umpire of youth sports for nearly 40 years, I am all in favor of this, since most of theRead More pro-active sports organizations (ASA (softball), AYSO, and Little League) have been doing it for years. I am charged a fee by the organizations that I choose to officiate to cover the costs of this background check. I support knowing that the service that help to provide will not be tainted by those who have already been found to mis-behave with children. The only thing is that it won't stop those that have not been caught yet. It is a sad state of affairs that we have to do this, but it's because it's for our kids that we must.
Scott Nelson March 30, 2013 at 10:42 am
Having run a youth basketball league with close to 1,000 kids for 3 years, I can tell you that whileRead More the idea has some merit, the costs and time associated with it are enormous. If the local governments/state governments are willing to provide and pay for the mechanism to do this- great. If not, should be the responsibility of the parents to not just drop their kids and leave them for hours at a time, but actually perhaps stay for practices or heaven forbid actually help and participate to insure that everything is fine in THEIR children's environment.....A little personal responsibility for their own kids would be a new concept to a lot of parents...
Kathy April 19, 2013 at 02:40 pm
Well Colleen O'Connor, I have a daughter in the California system, and am appalled at yourRead More statements...Are you that blind. Did you write that and smile, patting yourself on the back at how 'stand up' and 'righteous' you are. Yes, instead of just going to visit, why don't you try spending a week, a month, more in the system...you think walking thru will give you an idea about how the treatment is. You won't even see the truth, even going for a surprise visit. I too do not condone the crimes, but you in your judgemental mindset have no idea. Yes, they made bad choices, but it does not make them all bad people, I agree the promotions to DA's should be more on the rehabilitation rate, rather than the number they interject into the system. Sad, your article is so sad. Think of the families of the incarcerated and how your comments can affect them as well as tjhe incarcerated, who already have their own guilt to bear, their own hurt, you have no idea how hard it is to be away from family, every movement controlled, missing births, deaths, children growing up. You don't think so many of them are sick at the situation they got themselves into? Do you not even have compassion as a person. You never expect it to happen to your loved one, my daughter was a working soccer mom, a devoted wife & mother, a loving person with a huge heart. Not everyone is evil or bad, they just made a bad choice. I agree, is the Gov. above the law cause he has a title??? Think about it.
aprillacy32@yahoo.com April 19, 2013 at 02:23 pm
Mike you are spot on this is what I have been saying and trying to get them listen CDCR, my teacherRead More and I were just discussing how lifers are the only inmates offered rehabilitation which makes no sense at all to me when a man serving 5 or 10 who will be getting out does not receive rehabilitation this is a cycle that is repeating it's self and there are so many family's kid's who need there parent's this has a far greater impact on our community in so many way's and different level's that we have to find a solution
mike April 19, 2013 at 03:02 am
The prison industry complex is one of the fastest-growing industries in the United States and itsRead More investors are on Wall Street. “This multi-million-dollar industry has its own trade exhibitions, conventions, websites, and mail-order/Internet catalogs. It also has direct advertising campaigns, architecture companies, construction companies, investment houses on Wall Street, plumbing supply companies, food supply companies, armed security, and padded cells in a large variety of colors.”. This country is in a state of lock em up and forget, until it hits your family or friends. I'm am in no way condoning the crime some ding dongs commit, but sentencing in California is out of control. Its called "union". Its called Big Green (Calif Dept of Corrections). Many can become productive members of society, many cant. We need a way to sort them out. District Attorneys build their brownie points and promotions on convictions, maybe promotions should be built on rehabilitation and success rather than penalty, Things that make you go Hmmmm!
Frank H. Robles April 11, 2013 at 12:07 pm
She will run.... but not get the Nomination....!!!
Gail April 10, 2013 at 02:52 pm
Yup! I agree with it all.
Dan Wright April 4, 2013 at 10:50 am
It has only been a few weeks, but to me, it looks like Congressman Peters is doing a great jobRead More representing the diverse interests of his district. I am delighted that as a Democrat, he is reaching out to the Republicans in his district. If there were a hundred more like Scott, we would not have such partisan gridlock crippling our country.