Scathing Grand Jury report slams Fant, Drain
An unflattering picture painted
of Manteca Unified trustee Sam Fant in a scathing Grand Jury report also
reveals a vain side to the self-described politician.
He started an exercise program
at August Knodt School for adults named after himself — Fitness, Aerobic,
Nutrition, Training or FANT.
That exercise program was one
of numerous examples the Grand Jury citied in its report released Wednesday
that contends Fant ignored district procedures, intimidated school employees,
and overstepped his authority. The report also zeroed in on the conduct of the
two trustees elected in November — Alexander Bronson who has since resigned and
Ashley Drain who is the target of a recall effort. The report sidestepped
complaints about Drain and Bronson using fake addresses to qualify as
candidates as that specific complaint had been forwarded to the Secretary of
state’s office. The San Joaquin County District Attorney’s Office has since
filed felony charges against the two regarding election fraud. Drain also has
welfare fraud and grand theft charges pending against her.
The Grand Jury contends the
conduct of trustees has created a “toxic climate” in the Manteca Unified School
District given their disrespect for each other, for employees, and for
community members.,
The 28-page Grand Jury report
included:
Exercise class established
contrary to normal procedures.
In the winter of 2013 Fant
pushed for a Zumba-like exercise class for adults at the August Knodt School
campus. Administrators — when Fant pushed for the class — expressed concerns
about having unknown adults on campus, fingerprinting issues, as well as
participant and student safety. To address the issues, the district pushed to
have it “programmed.” However, none of the participants were willing to be
fingerprinted. That delayed the start-up of the program for a year.
During the course of its
investigation, the Grand Jury found evidence that Fant dealt directly with —
and demanded action from — a number of school employees instead of going
through Superintendent Jason Messer as board members are suppose to do.
One email the Grand Jury
obtained that Fant sent to district personnel reads, “I have been contacted by
multiple people that, the community program that I have been working hard on is
being sabotaged by staff in our district . . . If there are any scare tactics
or facts that are blown out of proportion in order to see to it that this
program fails, it will be EXTREMELY DISAPPOINTING! And I am going to want the
Facts on why things miraculously fell apart.”
The report states that Fant was
known to tell administrators on many occasions that their job was to do what he
told them. He would repeatedly say to staff, “This is what I want. Your job is
to figure out how to make it happen.” He would say that even after concerns
about safety, cost, and liability were discussed with him.
When the issue of possible
injuries came up involving participants in the FANT exercise class, Fant
demanded it be made a district program so that it would be covered by
insurance. In one email, Fant stated, “Manteca Unified has deep pockets, let us
get sued.”
Fant assumes control of a district
program.
In the spring of 2014, an after
school program based on an idea originating with Fant and supported by most of
the other trustees was started at Weston Ranch High. It started with upwards of
60 students under the auspices of “the award winning” Give Every Child a Chance
organization that currently serves more than 4,000 children at almost 50 sites.
Drain, not a trustee at the
time, worked with GECAC at the Weston Ranch campus until April 2014. At the
time, according to a series of emails, she became defiant with a supervisor
telling him that the after-school program was not Principal Jose Fregoso’s
program, and it was not GECAC’s program; it was Sam Fant’s program, and she
would take orders from him.
The Grand Jury noted that when
GECAC Chief Executive Officer Carol Davis called Drain to discuss her exchange
with the supervisor, Drain hung up on her and called Fant. After a series of
conservations and meetings, Drain was dismissed by Davis.
GECAC employees expressed
concerns about Fant’s behavior particularly how he interacted with Principal
Fregoso. Fant was heard giving orders to Fregoso and using many profanities in
the process.
The pilot program was a success
and the board directed Messer to find $125,000 to fund it. A year later based
on additional interactions with Fant, GECAC dropped the program but continues
to offer similar ones as elementary schools in Weston Ranch.
Weston Ranch principal ousted.
The Grand Jury found that Fant
spent many hours at Weston Ranch High. He usually did not check in at the
office, as is normal practice, and often pulled teachers out of their
classrooms during instruction time to discuss Principal Fregoso’s performance.
Starting in December 2014, Fant was often seen on campus with newly-elected
trustee Drain.
Fant and Drain then worked to
get Fregoso removed forcing a board vote after making statements about
Fregoso’s performance. Subsequently the district entered into negotiations with
Fregoso. On March 3, 2015 it was announced Fregoso would be leaving the district
at the end of the school year after accepting a full year of benefits and
salary costing the district $150,000. Fregoso would have remained at the high
school if it weren’t for Drain and Fant. The Grand Jury also learned that a
climate of fear was created among many district employees because of the way
Fregoso was ousted.
Drain interferes with
discipline.
A few days after Drain’s
election she intervened in a disciplinary matter involving a student who
happened to be in her emotional development after-school activity conducted
privately in her home. After the student shared her version of the incident,
Drain drove her to the high school where she told Fregoso he was apathetic to
the plight of the school’s minority students. In her Facebook page Drain stated
“I don’t play by the rules that are counterproductive to the well being of my
students. . . As long as it isn’t illegal . . . by ANY means necessary.”
A second incident on Jan. 20.
2015 happened when a campus monitor restrained a male student who was trying to
fight with a female student. Drain was on campus with James French. French
began yelling at the campus monitor to stop. French had no visitor’s badge so
he was asked by the principal to identify himself. He replied that he was with
Ashley Drain. When asked if he had checked into the office before entering the
campus, he said he had. Checking in is a required security measure so staff
knows who is on campus. It was discovered French had not checked in as he
claim. The principal checked in with the vice principal in his office where the
combative student had been taken only to find the student talking with Drain.
She was told by Fregoso to leave the office as she did not have the required
parental permission to speak with the student.
Consultant hired without
background check.
French, who had officiated at
Drain’s marriage four years later, eventually got a job to work with at-risk
students coming under the influence of gangs at a cost of $6,000. French, who
has publically stated that he was a former gang member and served 23 years in
state prison for gang-affiliated armed robbery could not pass the
state-required background check for all adults working with students. For this
reason the contract with the district required him to check into the office and
be accompanied by a certificated employee at all times while on campus. The
Grand Jury learned there were many times he was seen on campus unaccompanied
and without a visitor’s badge.
One reason why the contract was
allowed to be approved outside of normal procedures was an assurance that
French worked at the University of the Pacific. The Grand Jury determined that
the district could not verify his employment at UOP. The Grand Jury also was
not able to verify French’s employment at UOP.
Fant gives principal candidate
after-hours tour at Weston Ranch High.
On April 13, 2015, an off-duty
security campus monitor opened the door to Weston Ranch High for Fant and an
unidentified woman who subsequently toured various campus facilities. The
woman, it was later learned, was applying for the job as Weston Ranch High
principal. She later became one of the three finalists. Fant did not hare the
visit with site administrators, other board members, of the superintendent.
The woman given the tour by
Fant eventually became the principal. The Grand Jury indicated Fant had made it
known to numerous persons that he would select the new principal at Weston
Ranch High and the principal would be an African-American.
Investigation into employee
complaint filed against Fant.
An employee who works at
Woodward School in the office filed a formal complaint against Fant claiming
that he created a hostile workplace. Some of the employee’s personal Facebook
pages were distributed and displayed at the Jan. 27 meeting. After determining
the Facebook entries had not been uploaded with district property, the district
enlisted an attorney to investigate the employee’s complaint
That attorney determined Fant
showed pictures of the Facebook page to the Bulletin in advance of the meeting
and made the newspaper aware that a TV reporter would be attending the Jan. 27
board meeting. Fant left the Jan. 27 board meeting for a time when the meeting
was going on to give an interview with Fox 40 news.
As a result of that, the board
established a committee to consider censuring Fant.
Junior Cougars banquet was
scheduled by Fant, cancelled and held anyway.
Fant serves as the vice
president for the community based Junior Cougars youth football team. On Dec.
1, 2014, he asked the district facilities use clerk for a form to reserve the
Weston Ranch High cafeteria for a football banquet on Dec. 6. The normal lead
time is four weeks. Four days later, Fant went to the clerk and cancelled the
event saying he couldn’t pull it off fast enough. The clerk informed the site.
Then on the date of the event
that was cancelled, Fant had a campus security monitor open the facility to
hold the banquet. The Junior Cougars’ cost for the banquet was reduced because
the proper forms were not filled out.
Trustees’ presence interferes
with administrators’ work.
Trustees spend an extraordinary
amount of time in administrators’ offices. They often arrive unannounced and
sometimes engage in conservations that seem of little importance to district
operations. Many administrators find it impossible to complete their work,
because some trustees sometimes spend hours in their offices. During these
visits necessary interaction with staff is impossible. This meant some
administrators spend most of their weekends catching up.
Drain insults Weston Ranch High
staff.
After Drain learned that she
was to be charged with voter and welfare fraud, she went straight to Facebook
and blasted the district. She particularly angered the Weston Ranch community
when she called Weston Ranch High a “ghetto school” and she stated that Weston
Ranch schools are “dumping grounds for poor teachers.” Manteca teachers,
already frustrated with contract negotiations, came to the May 12 board meeting
wearing T-shirts emblazoned with the words “I Have a Voice/The Ranch by Choice”.
Other Facebook exchanges by Drain have created controversy spilling over into
board meetings and the press. Two days after learning about the felony charges
against her, Drain ceased posting updates to Facebook.
Dramatically escalating legal
costs.
Spending for legal services
increased dramatically as a result of the behaviors of trustees cited in the
Grand Jury report. Some of the issues causing increased legal costs include
several investigations, questions about residency, use of technology in meetings,
by-law changes, and a study session regarding conflict of interests and
appropriate governance, recall election process, advice about appearing before
the Grand Jury, negotiations with the Weston Ranch High principal and legal
ramifications of alleged criminal misconduct.
During the 2012-13 fiscal year
the district spent $2,000 for legal services relating to the board of trustees.
During the current fiscal year through March 31, 2015, the district has spent
$57,926.21 in legal fees related to board behavior. The Grand Jury notes once
the buyout of the principal’s contact is tossed in, board behavior has cost the
district in excess of $200,000 so far. If the recall moves forward, those costs
will escalate even more.
Board and staff training.
In December, soon after their
election, Bronson and Drain were given an option to attend training held in San
Francisco by the California School Board Association for new and existing board
members. Bronson couldn’t attend due to a conflict with his work. Drain was
scheduled to go, but when she arrived to check in at her hotel, she found it
unacceptable. She returned home, and did not attend the training.
The Grand Jury learned that no
administrators have received orientation on interacting with board members. As
a result, numerous incidents occurred during the last few months that allowed
policies and procedures to be circumvented because staff did not understand
their responsibilities.
Conclusion
“The Grand Jury found that
inappropriate and disrespectful behavior by board members has been the greatest
challenge for Manteca Unified School District in many years. Disrespect for
each other, for employees, and for community members have created a toxic
climate. Additionally, administrators at all levels have been pressured to cut
corners and ignore important policies and procedures, leading some to question
their judgment. As a result, some employees are actively seeking work
elsewhere.
“In the past Manteca Unified
School District has generally served its students successfully. However, that
effort may be jeopardized by the exceedingly distributing actions described in
this report. These actions must stop. If they are not stopped, the district
risks further undermining its credibility with the community it serves and also
risks losing some of the people who have been responsible for the district’s
successes. Both would severely stymie district progress.
“School boards have been in
existence for centuries, and have a rich tradition of serving as upholders of
the beliefs and values of the community they represent. Roles and
responsibilities are part of that tradition. When school board members operate
with respect for their appropriate roles and responsibilities, education can be
strong, and great things can happen, especially for students. When board
members and administrators ignore agreed upon rules and policies, it can be as
damaging as breaking the law. If trustees behave inappropriately with no regard
or respect for established norms, the educational system can be seriously
damaged, harming taxpayers, employees, and, most importantly, students.”
June
4, 2015
Manteca
Bulletin
By
Dennis Wyatt, Executive Editor
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