Fresno County
Gary Shinaver biography
I believe that as a judge I can bring positive change to our court system and to our community. My 25 year legal career has been devoted to serving the people of Fresno County. I have the knowledge, experience and ability as a judge to continue to serve the public by improving the efficiency and effectiveness of our court system.
I am a native of Fresno and have raised my family here. I believe that Fresno County is a great place to live, and is full of potential. Our diverse community deserves a court system that is fair, effective, and efficient. That is my vision for the courts and the community.
The top three issues the courts need to address are how to make the court system efficient, how to make the court system effective, and how to provide the resources to update the courts dilapidated infrastructure so that the court’s outdated facilities do not hinder the court’s efficiency and effectiveness. In these times of fiscal hardship and budget crises, the courts need to be creative and proactive in working with others on state and local levels to secure the resources necessary to improve efficiency and effectiveness in the court system. Priorities must be set and leadership must be exercised. Hard work must be the order of the day. I will bring these qualities to the bench in order to accomplish these goals.
Douglas O. Treisman biography
I have pursued justice for almost 21 years. I love the search for truth and making proceedings less threatening, encouraging participation and combating disaffection. I am running for Judge because of my insights, experience and my belief that I can contribute to the process both on and off the bench.
Our courts require confidence and participation to remain effective. That confidence is diminished by overcrowding and a strained system. Confidence also declines as the judicial system is asked to solve social ills. And, when juries fail to reflect our social makeup, bias and exclusion are implicated.
These are systemic issues requiring legislative and social correction. However, years of experience will help me maintain courtroom efficiency and fairness as we work toward a solution. We must talk about social issues and expectations of the courts: drugs, gangs, race, education, access and inclusion. Judges cannot solve these issues, but we can lead.
Jim Kelley biography
jimkelleyforjudge.com
After serving as a civil litigator, a prosecutor, a law professor and a reserve deputy sheriff I am ready for the next step in my career--to become a judge. As a judge I will hold people accountable and I will decide each case on the merits.
As a judge, I will run my courtroom with efficiency and courtesy to all involved--the parties, counsel, witnesses and spectators alike. Efficiency requires courts to start on time and that judges handle cases expeditiously without injecting themselves into the proceedings unnecessarily Courtesy requires that judges treat everyone in the courtroom with respect. Beyond that, judges should demonstrate patience and an awareness that counsel may have other business to attend to on a given day, and judges should accommodate scheduling concerns within reason. By the same token, judges should expect litigants to be prepared when their matters are heard.
Glenn LoStracco biography
I am seeking the office of Superior Court Judge because my experience as a prosecutor and Attorney at Law gives me the perspective to be a fair and impartial Judge. A Judge must always recognize the Constitutional rights of individuals, the rights and needs of victims and the independence of our court system. A Judge must have an understanding from all sides of the issues so that rulings are fair and just.
The most pressing issues facing our Courts are; court overcrowding, assuring an adequate and fair jury pool and making sure our Courts are run as efficiently as possible with integrity and transparency. A Judge must follow the law, to enforce it as it is written and not legislate from the bench. By working closely with Fresno County Officials and my colleagues on the Bench, I know that I can help meet the growing demands of our Court system.
Fresno County
Fresno County voters will be electing a new judge to replace Superior Court Judge W. Kent "Buck" Levis, confirming a number of other judges who are uncontested for new terms and — in some districts — deciding on a county supervisor.
Three school districts — Central Unified, Kerman and West Hills Community College District — will be asking for voter approval of school facilities bonds.
Three seats on the Fresno County Board of Supervisors are up for election in June. Terms are for four years.
In District 2, incumbent Susan Anderson is being challenged by Fresno City Council Member Brian Calhoun and accountant Paul Dictos.
In District 3, incumbent Henry R. Perea is unchallenged for a new term.
In District 5, incumbent Bob Waterston decided not to seek a new term. Clovis City Council Member Nathan Magsig and community activist Debbie Poochigian are running to replace Waterston.
Fresno County Supervisor
Three seats on the Fresno County Board of Supervisors are up for election in June. Terms are for four years.
In District 2, incumbent Susan Anderson is being challenged by Fresno City Council Member Brian Calhoun and accountant Paul Dictos.
In District 3, incumbent Henry R. Perea is unchallenged for a new term.
In District 5, incumbent Bob Waterston decided not to seek a new term. Clovis City Council Member Nathan Magsig and community activist Debbie Poochigian are running to replace Waterston.
Click on the link below to see where they stand on issues of importance to the county.
Fresno County Judge
Fresno County voters will elect a new judge to replace Superior Court Judge W. Kent "Buck" Levis, who is retiring.
The candidates are Jim Kelley and Douglas O. Treisman, both deputy district attorneys; Gary Shinaver, chief public defender; and Glenn Lostracco, an attorney in private practice.
Fresno County Party Central Committees
We'll post the candidate responses as we receive them.
Measure E
Central Unified School District is asking voter approval for $152 million in bonds to renovate facilities, build classrooms and schools and qualify for state matching funds for facilities. The measure requires 55% of the vote to pass.
Measure K
Kerman Unified School District is asking voters to approve a $24.9 million in bonds to renovate facilities, and build classrooms and other facilities. The measure requires 55% of the vote to pass.
Measure Q
West Hills Community College School Facilities Improvement District No. 1 is asking voters to approve $11.8 million in bonds to construct classrooms and a library, acquire land, renovate facilities and qualify for state matching funds for facilities. The measure requires 55% of the vote to pass.
Measure E, full text
BOARD OF TRUSTEES
CENTRAL UNIFIED SCHOOL DISTRICT
RESOLUTION OF THE BOARD OF TRUSTEES OF THE CENTRAL UNIFIED SCHOOL DISTRICT ORDERING AN ELECTION TO AUTHORIZE THE ISSUANCE OF SCHOOL BONDS, ESTABLISHING SPECIFICATIONS OF THE ELECTION ORDER, AND REQUESTING CONSOLIDATION WITH OTHER ELECTIONS OCCURRING ON
JUNE 3, 2008
RESOLUTION NO. 07/08-34
WHEREAS, in the judgment of the Board of Trustees (the “Board”) of the Central Unified School District (the “District”), it is advisable to call an election to submit to the electors of the District the question whether bonds of the District shall be issued and sold for the purpose of raising money for the acquisition and improvement of real property, and the furnishing and equipping of school facilities; and
WHEREAS, as a result of the approval of Proposition 39 on November 7, 2000, Article XIII A Section 1 paragraph (b) of the California Constitution (“Article XIII A”) provides an exception to the limit on ad valorem property taxes on real property for bonded indebtedness incurred by a school district approved by fifty-five percent (55%) of the voters of the district voting on the proposition; and
WHEREAS, the Board is specifically authorized, upon approval by a two-thirds vote of the Board, to pursue the authorization and issuance of bonds by a fifty-five percent (55%) vote of the electorate on the question whether bonds of the District shall be issued and sold for specified purposes, pursuant to Education Code Section 15264 et seq. (the “Act”); and
WHEREAS, pursuant to Section 10403 et seq. of the California Elections Code, it is appropriate for the Board to request consolidation of the election with any and all other elections to be held on Tuesday, June 3, 2008, and to request the Fresno County Registrar of Voters (the "Registrar") to perform certain election services for the District;
NOW, THEREFORE, THE BOARD OF TRUSTEES OF THE CENTRAL UNIFIED SCHOOL DISTRICT DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
Section l. Call for Election. The Board hereby orders an election and submits to the electors of the District the question of whether general obligation bonds of the District shall be issued and sold in the maximum principal amount of $152,000,000 (“the Bonds”) for the purpose of raising money to finance school facilities and property of the District, and paying costs incident thereto, as set forth more fully in the ballot proposition approved pursuant to Section 3. This Resolution constitutes the order of the District to call such election.
Section 2. Election Date. The date of the election shall be June 3, 2008, and the election shall be held solely within the boundaries of the District.
Section 3. Purpose of Election; Ballot Proposition. The purpose of the election shall be for the voters in the District to vote on a proposition, a full copy of which is attached hereto and marked Exhibit “A”, containing the question of whether the District shall issue the Bonds for the purposes stated therein, together with the accountability requirements of Article XIII A and the requirements of Section 15272 of the Act. As required by Elections Code Section 13247, the abbreviated form of the measure to appear on the ballot is attached hereto and marked as Exhibit “B”. The Superintendent or her designee is hereby authorized and directed to make any changes to the text of the proposition as required to conform to any requirements of Article XIII A, the Act or the Registrar.
Section 4. Authority for Election. The authority for ordering the election is contained in Section 15264 et. seq. of the Education Code and Section l, paragraph (b), subsection (3) of Article XIII A. The authority for the specification of this election order is contained in Section 5322 of the Education Code.
Section 5. School Facilities Projects. As required by Article XIII A, the Board hereby certifies that it has evaluated safety, class size reduction and information technology needs in developing the list of school facilities projects set forth on Exhibit A.
Section 6. Covenants of the Board upon Approval of the Bonds by the Electorate. As required by Article XIII A and Section 15278 of the Act, in the event fifty-five percent (55%) of the voters in the District approve the issuance of the Bonds, the Board shall:
(1) conduct an annual, independent performance audit to ensure that the Bond proceeds have been expended only on the projects listed in Exhibit A;
(2) conduct an annual, independent financial audit of the proceeds from the sale of the Bonds until all of those proceeds have been expended for the school facilities projects listed in Exhibit A; and
(3) establish and appoint members to an independent citizens’ oversight committee in accordance with Sections 15278, 15280 and 15282 of the Act.
Section 7. Delivery of this Resolution. The Clerk of the Board is hereby directed to send a copy of this Resolution to the Fresno County Superintendent of Schools, the Registrar, and the Fresno County Clerk of the Board of Supervisors.
Section 8. State Matching Funds. The District hereby requests that the Registrar include the following statement in the ballot pamphlet, pursuant to Section 15122.5 of the Education Code:
“Approval of Measure “E” does not guarantee that the proposed project or projects in the Central Unified School District that are the subject of bonds under Measure “E” will be funded beyond the local revenues generated by Measure “E”. The District’s proposal for the project or projects assumes the receipt of matching state funds, which could be subject to appropriation by the Legislature or approval of a statewide bond measure.”
Section 9. Consolidation of Election. The Registrar and the Fresno County Board of Supervisors are hereby requested to consolidate the election ordered hereby with any and all other elections to be held on June 3, 2008, within the District.
Section 10. Ballot Arguments; Tax Rate Statement. Any and all members of this Board are hereby authorized to act as an author of any ballot argument prepared in connection with the election, including a rebuttal argument. The Superintendent, President of the Board, or their designees, are hereby authorized to execute any Tax Rate Statement or other document and to perform all acts necessary to place the bond measure on the ballot.
Section 11. Accountability Measures. As required by Section 53410 of the Government Code, a statement in substantially the following form shall be included on the ballot for the Bonds, and the Board covenants to comply with the reporting requirements contained in Section 53411 of the Government Code:
Accountability Measures
As required by Section 53410 of the Government Code, the following accountability measures are hereby made a part of the District’s Bond Measure “E” (the “Measure”):
a) The specific purpose of the bonds is set forth in the Full Text of the Measure;
b) The proceeds from the sale of the District’s bonds will be used only for the purposes specified in the Measure, and not for any other purpose;
c) The proceeds of the Bonds will be deposited into a Building Fund to be held by the Fresno County Treasurer, as required by the California Education Code; and
d) The Superintendent of the District shall file an annual report with the Board of Trustees of the District, commencing not later than June 3, 2009, and annually thereafter, which report shall contain pertinent information regarding the amount of funds collected and expended, as well as the status of the projects listed in the Measure.
Section 12. Term of the Bonds. The Bonds shall mature not more than 40 years from their issue date.
Section 13. Effective Date. This resolution shall take effect on and after its adoption.
* * * * * * * *
PASSED AND ADOPTED this 4th day of March, 2008, by the following vote:
AYES:
NOES:
ABSENT:
Diana Milla
President of the Board of Trustees
Central Unified School District
ATTEST:
Cynthia Berube
Clerk of the Board of Trustees
Central Unified School District
I, Cynthia Berube, Clerk of the Board of Trustees of Central Unified School District, Fresno County, California, do hereby certify that the foregoing is a full, true and correct copy of the Resolution passed and adopted by said Board of Trustees at a regular meeting on the 4th day of March, 2008, and that the minutes of said Board of Trustees shows that _________(___) members of said Board voted for and _________(___) members of said Board voted against the adoption of said Resolution and the said Resolution is now spread upon the minutes of said Board.
Cynthia Berube
Clerk of the Board of Trustees
Central Unified School District
Measure K, full text
KERMAN UNIFIED SCHOOL DISTRICT
BOND MEASURE K
FULL TEXT OF MEASURE
This proposition may be known and referred to as the Kerman Unified School District 2008 School Improvement Bond or Measure K.
FINDINGS
The Kerman Unified School District (the “District”), which serves the community of Kerman and portions of unincorporated Fresno County, is a recognized leader in providing top quality education to Fresno County students for over 84 years. Recently, Kerman Floyd Elementary School was recognized as a Title 1 Achieving School.
In 2004, voters in Kerman Unified School District passed Measure “K”. The District has used Measure “K” funds to successfully leverage over $5 million from the State to build classrooms, libraries, and the high school multipurpose room.
We now need to build a new elementary school to reduce student overcrowding at Kerman-Floyd and Sun Empire elementary schools. The District qualifies for an additional $8 million in state matching funds to build the new elementary school. We also need to build a new auto shop so high school students can have access to modern facilities and improved learning opportunities. Not everyone goes to college. Therefore, we need to provide opportunities for students to pursue good paying technical jobs right after high school by building vocational education facilities, such as the auto shop. We also need to complete Liberty Intermediate by building a multipurpose room for school and community use, and build additional support facilities to improve access to student language, and Gifted and Talented Education programs.
The District continues to seek all available outside sources of funding to improve our school buildings, including local, state, and federal grants, state joint-use grants, and state bond funds. However, these sources are not sufficient to meet our facilities needs. It is necessary to seek voter approval of a bond measure in order to provide the local funding for the identified school facilities.
BOND AUTHORIZATION
By approval of this proposition by at least 55 percent of the registered voters voting on the proposition, the District shall be authorized to issue and sell bonds of up to $24,900,000 in principal at interest rates below the legal limit, to provide financing for the specific school facilities projects listed in the Bond Project List attached hereto as Exhibit A-1, subject to all the accountability requirements specified below.
BOND PROJECT LIST
The Bond Project List attached to this resolution as Exhibit A-1 shall be considered a part of the ballot proposition and shall be reproduced in any official document required to contain the full statement of the bond proposition.
Approval of this Bond Measure (the “Measure”) does not guarantee that the proposed project or projects in the District that are the subject of bonds under the Measure will be funded beyond the local revenues generated by the Measure. If state matching funds become available, they will be used for and applied to the Bond Project List as per Exhibit A-1. The District’s proposal for the project or projects assumes the receipt of matching state funds, which could be subject to appropriation by the Legislature or approval of a statewide bond measure.
ACCOUNTABILITY REQUIREMENTS
The provisions in this section are specifically included in this proposition in order that the voters and taxpayers in the District may be assured that their money will be spent wisely to address specific facilities needs of the District all in compliance with the requirements of Article XIIIA, Section 1(b)(3), of the State Constitution and the Strict Accountability in Local School Construction Bonds Act of 2000 (codified at Education Code Sections 15264 and following.)
Evaluation of Needs. The Board, after a year long process involving staff members, parents, students, and community members at each school site throughout the District, has prepared an updated facilities plan in order to evaluate and address all of the facilities needs of the District and determine which projects to finance from a local bond at this time. The Board hereby certifies that it has evaluated safety, class size reduction, enrollment growth, and information technology needs in developing the Bond Project List contained in Exhibit A-1.
Independent Citizens’ Oversight Committee. The Board shall establish an Independent Citizens’ Oversight Committee pursuant to Education Code Section 15278 and following to ensure bond proceeds are expended only on the school facilities projects listed in Exhibit A-1. The committee shall be established within 60 days of the date when the results of the election appear in the minutes of the Board.
Performance Audits. The Board shall conduct an annual, independent performance audit to ensure that the bond proceeds have been expended only on the school facilities projects listed in Exhibit A-1.
Financial Audits. The Board shall conduct an annual, independent financial audit of the bond proceeds until all of those proceeds have been spent for the school facilities projects listed in Exhibit A-1.
Special Bond Proceeds Account: Annual Report to Board. Upon approval of this proposition and the sale of any bonds approved, the Board shall take actions necessary to establish an account in which proceeds of the sale of bonds will be deposited. As long as any proceeds of the bonds remain unexpended, the Superintendent of the District shall cause a report to be filed with the Board annually, stating (1) the amount of bond proceeds received and expended in that year, and (2) the status of any project funded or to be funded from bond proceeds. The report may relate to the calendar year, fiscal year, or other appropriate annual period as the Superintendent shall determine and may be incorporated in the annual budget, audit, or another appropriate routine report to the Board.
FURTHER SPECIFICATIONS
No Administrator Salaries. Proceeds from the sale of bonds authorized by this proposition shall be used only for the construction, reconstruction and/or rehabilitation of school facilities including the furnishing and equipping of school facilities or acquisition or lease of real property for school facilities and construction management by district personnel and not for any other purpose, including teacher and administrator salaries and other school operating expenses.
The proceeds of the bonds will be deposited into a Building Fund to be held by the Fresno County Treasurer, as required by the California Education Code.
IMPARTIAL ANALYSIS BY COUNTY COUNSEL
Voter approval of this measure will authorize the governing board of the Kerman Unified School District to issue and sell bonds up to Twenty-Four Million Nine Hundred Thousand Dollars ($24,900,000), bearing interest at legal rates, with a citizen's oversight committee, annual audits, and no funds spent on administrator salaries. The bond proceeds will be used to acquire, construct, and improve classrooms and student support facilities, including a new elementary school to reduce overcrowding, vocational and technical education classrooms, and a multi-purpose room at Liberty Intermediate School.
s/ Dennis A. Marshall
County Counsel
TAX RATE STATEMENT
An election will be held in the Kerman Unified School District (the “District”) on June 3, 2008 to authorize the sale of up to $24.9 million in bonds of the District to finance school facilities as described in the Measure. Principal and interest on the bonds will be payable from the proceeds of tax levies made upon the taxable property in the District. The following information is submitted in compliance with Sections 9400-9404 of the Elections Code of the State of California.
1. The best estimate of the tax which would be required to fund this bond issue during the first fiscal year after the sale of the first series of bonds, based on estimated assessed valuations available at the time of filing of this statement, is $0.907 per $100 ($9.07 per $100,000) of assessed valuation in fiscal year 2009-10.
2. The best estimate of the tax which would be required to be levied to fund this bond issue during the first fiscal year after the sale of the last series of bonds, based on estimated assessed valuations available at the time of filing of this statement, is $2.491 per $100 ($24.91 per $100,000) of assessed valuation in fiscal year 2018-19.
3. The best estimate of the highest tax rate that would be required to be levied to fund this bond issue, based on estimated assessed valuations available at the time of filing this statement, is 5.300 cents per $100 ($53.00 per $100,000), the current voter-approved tax rate.
Voters should note that the estimated tax rates are based on the ASSESSED VALUE of taxable property on the County’s official tax rolls, not on the property’s market value. Property owners should consult their own property tax bills to determine their property’s assessed value and any applicable tax esemptions.
Attention of all voters is directed to the fact that the foregoing information is based upon the District’s projections and estimates only,which are not binding upon the District. The actual tax rates and the years in which they will apply may vary from those presently estimated, due to variations from these estimates in the timing of bond sales, the amount of bonds sold and market interest rates at the time of each sale, and actual assessed valuations over the term of repayment of the bonds. The dates of sale and the amount of bonds sold at any given time will be determined by the District based on the need for construction funds and other factors. The actual interest rates at which the bonds will be sold will depend on the bond market at the time of each sale. Actual future assessed valuation will depend upon the amount and value of taxable property within the District as determined by the County Assessor in the annual assessment and the equalization process.
Dated: March 4, 2008
s/ Roger Halberg
Superintendent
Kerman Unified School District
ARGUMENT IN FAVOR
In Kerman, schools are the heart of our growing community. Over the past four years, Kerman Unified School District has constructed and improved school facilities while garnering $5 million in State matching grants. In the same period, test scores have risen nearly 12%. That’s a good use of local tax dollars.
However, facilities needs remain. A new elementary school is needed to relieve existing student overcrowding at all three elementaries. Liberty Intermediate School needs to be completed. Not everyone goes to college, so we also need to build vocational education facilities for Kerman students to pursue good paying technical jobs right after high school. Adequate school facilities are the key to opportunities and a better life.
A YES VOTE ON MEASURE “K” WILL:
· Build a new elementary school to reduce student overcrowding
· Build vocational and technical classroom facilities to improve career opportunities for all students
· Complete Liberty Intermediate by building a multipurpose room for school and community use
MEASURE “K” MAKES FINANCIAL SENSE BY:
· Providing the local match for up to $8 million in State construction funds
· Building school facilities now, instead of later, when they will cost more
· Improving local property values and maintaining the desirability of our community
As taxpayers, it is crucial to have high quality local public schools with adequate facilities.
MEASURE ‘K’ HAS TAXPAYER SAFEGUARDS, INCLUDING:
· An independent citizens’ oversight committee of local business leaders, parents, senior citizens, and taxpayer advocates
· Annual financial and performance audits to ensure funds are only spent on voter-approved projects
· Requirements the funds be used only to improve schools – not to pay employee salaries
JOIN FARMERS, PARENTS LOCAL BUSINESSES AND COMMUNITY LEADERS IN COMPLETING OUR LOCAL SCHOOLS!
TUESDAY, JUNE 3rd, VOTE YES ON MEASURE ‘K’!
s/ Glen R. Foth
Board President
s/ Meg Winchester
s/ Daniel R. Safreno
President: Bond Committee
s/ Julie Perry-Gragnani
Teacher/Parent
s/ Susan Kissinger
Florist Owner
NO ARGUMENT AGAINST THIS MEASURE WAS FILED
Measure Q, full text
RESOLUTION NO. CO-29
RESOLUTION OF THE BOARD OF TRUSTEES OF THE
WEST HILLS COMMUNITY COLLEGE DISTRICT
ORDERING AN ELECTION TO AUTHORIZE THE ISSUANCE OF SCHOOL BONDS
IN SCHOOL FACILITIES IMPROVEMENT DISTRICT NO. 1 (NORTHERN AREA), ESTABLISHING SPECIFICATIONS OF THE ELECTION ORDER,
AND REQUESTING CONSOLIDATION WITH OTHER ELECTIONS
OCCURRING ON JUNE 3, 2008
WHEREAS, Chapter 2 (commencing with section 15300) of Part 10 of Division 1 of Title 1 of the California Education Code (the “Law”) authorizes school districts and community college districts to form school facilities improvement districts consisting of a portion of the territory within the school district or community college district and permits the conduct of a bond election and the issuance of general obligation bonds for a school facilities improvement district following voter approval;
WHEREAS, on February 22, 2008, the Board of Trustees (the “Board”) of West Hills Community College District (the “CC District”) adopted a "Resolution of Formation of School Facilities Improvement District No. 1 (Northern Area) of the West Hills Community College District," pursuant to which the Board ordered the formation of the School Facilities Improvement District No. 1 (Northern Area) of the West Hills Community College District (the "Improvement District");
WHEREAS, Section 15340 of the Law provides that the Board may provide for and call a special bond election within the Improvement District pursuant to Chapter 1 (commencing with Section 15100) of the Education Code and, if applicable, Chapter 1.5 (commencing with Section 15264) of the Education Code for the approval of a proposition of whether an indebtedness of the Improvement District shall be incurred through the issuance of bonds for the Improvement District;
WHEREAS, pursuant to the Law, such bonds would be deemed to be bonds of the CC District issued for the benefit of the land within the Improvement District;
WHEREAS, in the judgment of the Board, it is advisable to call an election to submit to the electors of the Improvement District the question whether bonds of the CC District shall be issued and sold on behalf of the Improvement District for the purpose of raising money for the acquisition and improvement of real property, and the furnishing and equipping of college facilities in the Improvement District area; and
WHEREAS, as a result of the approval of Proposition 39 on November 7, 2000, Article XIII A Section 1 paragraph (b) of the California Constitution (“Article XIIIA”) provides an exception to the limit on ad valorem property taxes on real property for bonded indebtedness incurred by a community college district approved by fifty-five percent (55%) of the voters of the district voting on the proposition; and
WHEREAS, the Board is specifically authorized, upon approval by a two-thirds vote of the Board, to pursue the authorization and issuance of bonds by a fifty-five percent (55%) vote of the electorate on the question whether bonds of the Improvement District shall be issued and sold for specified purposes, pursuant to Education Code Section 15264 et seq. (the “Act”); and
WHEREAS, pursuant to the California Elections Code, it is appropriate for the Board to request consolidation of the election with any and all other elections to be held on Tuesday, June 3, 2008, and to request the Registrar of Voters in each County (each, a “County”) in which territory of the Improvement District is located (including Madera and Fresno) to perform certain election services for the CC District; and
NOW, THEREFORE, THE BOARD OF TRUSTEES OF THE WEST HILLS COMMUNITY COLLEGE DISTRICT DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
Section l. Call for Election. The Board hereby orders an election and submits to the electors of the Improvement District the question of whether general obligation bonds of the CC District shall be issued and sold on behalf of the Improvement District in the maximum principal amount of $11,800,000 for the purpose of financing the acquisition and improvement of real property, and the furnishing and equipping of college facilities in the Improvement District area, and paying costs incident thereto, as set forth more fully in the ballot proposition approved pursuant to Section 3. This Resolution constitutes the order of the CC District to call such election.
Section 2. Election Date. The date of the election shall be June 3, 2008, and the election shall be held solely within the boundaries of the Improvement District.
Section 3. Purpose of Election; Ballot Proposition. The purpose of the election shall be for the voters in the Improvement District to vote on a proposition, a full copy of which is attached hereto and marked Exhibit “A”, containing the question of whether the CC District shall issue the Bonds for the purpose stated therein, together with the accountability requirements of Article XIII A and Government Code Section 53410 and the requirements of Section 15272 of the Act. As required by Elections Code Section 13247, the abbreviated form of the measure to appear on the ballot is attached hereto and marked as Exhibit “B”. The Chancellor, President of the Board or their designees are hereby authorized and directed to make any changes to the text of the proposition as required to conform to any requirements of Article XIII A, the Act or the requirement of either County.
Section 4. Authority for Election. The authority for ordering the election is contained in Section 15264 et. seq. of the Education Code and Section l paragraph (b) subsection (3) of Article XIIIA. The authority for the specification of this election order is contained in Section 5322 of the Education Code.
Section 5. College Facilities Projects. As required by Article XIIIA, the Board hereby certifies that it has evaluated safety and information technology needs in developing the list of college facilities projects set forth on Exhibit A.
Section 6. Covenants of the Board upon Approval of the Bonds by the Electorate. As required by Article XIIIA, Section 15278 of the Act, and Government Code Section 53410 in the event fifty-five percent (55%) of the voters voting in the District approve of the Bonds, the Board shall:
(1) conduct an annual, independent performance audit to ensure that the funds have been expended only on the projects listed in Exhibit A;
(2) conduct an annual, independent financial audit of the proceeds from the sale of the Bonds until all of those proceeds have been expended for the college facilities projects listed in Exhibit A; and
(3) establish and appoint members to an independent citizens’ oversight committee in accordance with Sections 15278, 15280 and 15282 of the Act.
(4) apply the bond proceeds only to the specific purposes stated in the ballot proposition.
(5) cause creation of accounts into which bond proceeds shall be deposited.
(6) cause the preparation of an annual report pursuant to Government Code Sections 53410 and 53411.
Section 7. Delivery of this Resolution. The Clerk of the Board is hereby directed to send a copy of this Resolution to the County Superintendent of Schools of each County, the Registrar of Voters of each County (the “County Registrar”) and the County Clerk of the Board of Supervisors of each County. Each County Registrar is hereby requested to print the Full Text of Measure set forth on Exhibit A hereto, in the ballot materials and to publish the Election Notice attached hereto as Exhibit C in a newspaper of general circulation within the Improvement District
Section 8. Consolidation of Election. Each County Registrar and each County Board of Supervisors is hereby requested to consolidate the election ordered hereby with any and all other elections to be held on June 3, 2008, within the District.
Section 9. Ballot Arguments; Tax Rate Statement. Any and all members of this Board are hereby authorized to act as an author of any ballot argument prepared in connection with the election, including a rebuttal argument. The Chancellor, President of the Board, or their designees, are hereby authorized to execute any Tax Rate Statement or other document and to perform all acts necessary to place the bond measure on the ballot.
Section 10. Election and Bond Services. Pursuant to Section 5303 of the Education Code and Section 10002 of the Elections Code, the Board of Supervisors of each county, is requested to permit the Registrar of Voters to render all services specified by Section 10418 of the Elections Code relating to the election, for which services the CC District agrees to reimburse each county in full upon presentation of a bill, such services to include the publication of a formal Notice of College Bond Election and the mailing of the sample ballot and tax rate statement (described in Section 9401 of the Elections Code). The agreements on file with Jones Hall as Bond and Disclosure Counsel and Dale Scott & Co. as Financial Advisor are hereby approved and the Vice Chancellor of Business Services is authorized and directed to execute such agreements on behalf of the District.
Section 11. Effective Date. This resolution shall take effect on and after its adoption.
* * * * * * * *
PASSED AND ADOPTED this 22nd day of February, 2008 by the following vote:
AYES: ___
NOES: ___
ABSENT: ___
_______________________________
Mark McKean
President of the Board of Trustees
West Hills Community College District
ATTEST:
I, Nina Oxborrow, Clerk of the Board of Trustees of West Hills Community College District, California, do hereby certify that the foregoing is a full, true and correct copy of the Resolution passed and adopted by said Board of Trustees at a meeting on the 22nd day of February, 2008, and that the minutes of said Board of Trustees shows that __________ (___) members of said Board voted for and __________ (___) members of said Board voted against the adoption of said Resolution and the said Resolution is now spread upon the minutes of said Board.
_______________________________
Nina Oxborrow
Clerk of the Board of Trustees
West Hills Community College District
EXHIBIT A
BALLOT MEASURE
FULL TEXT OF MEASURE
BOND AUTHORIZATION
By approval of this proposition by at least 55 percent of the registered voters voting on the proposition, the District will be authorized to issue and sell bonds of up to $11,800,000 in aggregated principal at interest rates below the legal limit and to provide financing for the specific facilities projects listed in the Bond Project List described below, subject to all the accountability requirements specified below.
ACCOUNTABILITY REQUIREMENTS
The provisions in this section are specifically included in this proposition in order that the voters and taxpayers in the District may be assured that their money will be spent wisely. Expenditures to address specific facilities needs of the District will be in compliance with the requirements of Article XIIIA, Section 1(b)(3), of the State Constitution and the Strict Accountability in Local School Construction Bonds Act of 2000 (codified at Education Code Sections 15264 and following.)
Independent Citizens’ Oversight Committee. The Board of Trustees shall establish an Independent Citizens’ Oversight Committee under Education Code Section 15278 and following to ensure bond proceeds are expended only on the school facilities projects listed below. The committee will be established within 60 days of the date when the results of the election appear in the minutes of the Board of Trustees.
Performance Audits. The Board of Trustees shall conduct an annual, independent performance audit to ensure that the bond proceeds have been expended only on the facilities projects listed below.
Financial Audits. The Board of Trustees shall conduct an annual, independent financial audit of the bond proceeds until all of those proceeds have been spent for the facilities projects listed below.
FURTHER SPECIFICATIONS
No Administrator Salaries. Proceeds from the sale of bonds authorized by this proposition shall be used only for the construction, reconstruction and/or rehabilitation of facilities including the furnishing and equipping of facilities or acquisition or lease of real property for facilities and not for any other purpose, including teacher and administrator salaries and other District operating expenses.
Measure E. projects
EXHIBIT A
BALLOT MEASURE
FULL TEXT OF MEASURE
“To replace outdated heating/ventilation/air conditioning systems to improve energy efficiency, upgrade classroom technology, replace aging portables, renovate restrooms, improve school security, acquire property, build classrooms and schools to avoid overcrowding, providing students access to comparable school facilities, and qualify for state matching funds, shall Central Unified School District issue $152 million in bonds at legal interest rates with annual audits and independent citizens’ oversight and no money for administrator’s salaries?
As required by the California Constitution, the proceeds from the sale of the bonds will be used only for the construction, reconstruction, rehabilitation or replacement of school facilities, including the furnishing and equipping of school facilities, or the acquisition or lease of real property for school facilities, and not for any other purpose, such as teacher and administrator salaries and other school operating expenses.
Central Unified School District
Bond Project List
The District intends to complete the following projects, using a combination of bond funding and other anticipated sources, including State matching funds.
The Central Unified School District will use bond funds for the following school facility projects:
All School and District Sites
Improve instructional technology/campus security/communications systems
Act in accordance with accessibility and code compliance regulations
New Schools
Acquire, construct, equip and furnish two new elementary schools, one middle school and one high school on property previously acquired by the District or to be acquired, including all related site improvements and facilities
Biola-Pershing Elementary School
Renovate Library Media Center
Construct multipurpose building
Install/upgrade school security fencing and gates
Improve/expand physical education playfields, hardcourts and sidewalks
Install drinking fountains
Provide new sound system
Improve student drop off/expand school parking
Harvest Elementary School
Improve physical education playfields
Provide marquee signage
Enhance school parking lot security
Herndon-Barstow Elementary School
Renovate Library Media Center
Construct multipurpose building
Provide potable water to kindergarten wing
Upgrade/provide additional restrooms
Improve/expand physical education playfields
Expand/renovate student support spaces
Houghton-Kearney Elementary School
Renovate Library Media Center
Construct new cafeteria
Upgrade restrooms
Improve campus security lighting
Improve/expand physical education playfields
Improve student drop off/school parking
Repair hardcourt surfaces
Provide irrigation system
Norman Liddell Elementary School
Renovate/reconfigure Library
Improve school security lighting
Improve/expand physical education playfields, hardcourts and shade structure
Improve school parking lot
Provide marquee signage and sound system
Enhance classroom and school exteriors
Madison Elementary School
Construct Library Media Center
Upgrade restrooms
Upgrade communications system
Renovate cafeteria
Improve/expand student drop off, school parking
Expand student support spaces
Improve/expand physical education playfields/athletic facilities
Expand student support spaces
McKinley Elementary School
Enhance classroom and school exteriors
Upgrade heating/ventilation and air conditioning systems
Expand student support spaces
Upgrade restrooms
Improve/expand student drop off, school parking
Improve/expand physical education playfields
Provide drinking fountains
Improve/expand hardcourt surfaces
Upgrade communications system
Provide irrigation system
Renovate cafeteria
James K. Polk Elementary School
Provide additional portable classroom
Improve/expand physical education/athletic playfields and equipment
Improve/expand student drop off, school parking
Provide shade structures
River Bluff Elementary School
Improve/expand physical education playfields
Provide shade structures
Upgrade communications systems
Provide marquee signage
Improve/expand student drop off, school parking
Roosevelt Elementary School
Renovate/replace portable classrooms
Renovate Library Media Center
Upgrade heating/ventilation and air conditioning systems
Upgrade restrooms
Expand student support spaces
Improve/expand student drop off, school parking
Improve/expand physical education playfields/athletic facilities
Improve/expand hardcourt surfaces
Add equipment storage space
William Saroyan Elementary School
Renovate/replace portable classrooms
Upgrade heating/ventilation and air conditioning systems
Improve school parking lot security
Provide drinking fountains
Improve campus security at school office entrance
John Steinbeck Elementary School
Upgrade heating/ventilation and air conditioning systems in portable classrooms
Improve campus security lighting
Improve campus security at school office entrance
Renovate library and computer lab
Provide shade structures
Improve/expand physical education playfields/athletic facilities
Add equipment storage space
Teague Elementary School
Renovate/replace portable classrooms
Upgrade restrooms
Improve/expand physical education playfields/athletic facilities
Provide irrigation system
Expand student support spaces
Add equipment storage space
Improve parking lot and campus security
Improve/expand hardcourt surfaces
El Capitan Middle School
Renovate/replace/relocate portable classrooms
Add permanent classrooms
Upgrade restrooms
Improve campus security lighting
Reconfigure campus layout
Upgrade irrigation system
Improve/expand physical education/athletic facilities
Improve/expand hardcourt surfaces
Rio Vista Middle School
Expand/enhance multipurpose room
Expand school parking
Improve/expand physical education/athletic facilities
Enhance parking lot security
Improve campus hardscape
Central High School East Campus
Construct gymnasium
Improve campus security lighting
Enhance campus appearance
Improve/expand student drop off, school parking
Central High School West Campus
Renovate classrooms
Provide new classrooms, labs and cafeteria/kitchen
Renovate/replace portable classrooms
Upgrade heating/ventilation and air conditioning systems
Enhance campus safety/appearance
Improve campus security
Improve/expand physical education/athletic facilities
Improve/expand student drop off, school parking
Renovate/expand student support spaces
Upgrade irrigation system
Upgrade communications system
Reconfigure campus structures library/cafeteria/classrooms
Reconstruct and relocate tennis courts
Central Learning Adult School Site (CLASS)
Improve campus security
Enhance campus appearance
Improve/expand school parking lot
Construct teaching lab building
Pathways Community Day School
Construct new facility
Pershing Continuation High School
Construct new facility
District Service Center
Construct new facility
Provide compressed natural gas fueling station for school buses
The District’s Board of Trustees has evaluated safety, class size reduction and information technology needs in developing the foregoing list.
The District’s Board of Trustees will conduct an annual, independent performance audit to ensure that the funds have been expended only on the project list set forth above.
The District’s Board of Trustees will conduct an annual, independent financial audit of the proceeds from the sale of the Bonds until all of those proceeds have been expended for the school facilities projects.
Pursuant to Section 15772 of the Education Code, the District’s Board of Trustees will appoint a citizens’ oversight committee and conduct annual independent audits to assure that funds are spent only on school and classroom improvements and for no other purposes.
Measure K projects
Kerman Unified School District is proposing to use the bond funds to help pay for a host of projects. Here's the list:
EXHIBIT A-1
BOND PROJECT LIST
The District intends to complete the following projects, using a combination of funding sources. It is anticipated that bond proceeds will contribute $24,900,000 to said total cost. Other anticipated sources include state aid matching funds, developer fees and other available funds. The specific school facilities projects to be funded are set forth below:
· construct a new elementary school to reduce student overcrowding
· construct a joint-use library at the new elementary school
· construct a joint-use multipurpose building at the new elementary school
· construct vocational/technical classroom facilities, i.e. an auto shop
· construct a multipurpose building at Liberty Intermediate School
· construct district support facilities, including facilities for student language programs, and Gifted and Talented Education
· acquire, furnish and equip school facilities
· address unforeseen conditions revealed by construction/modernization (e.g., plumbing or gas line breaks, dry rot, seismic, structural, etc.)
· perform necessary site preparation/restoration in connection with new construction, renovation or remodeling
Measure Q projects
BOND PROJECT LIST
The Bond Project List shown below is a part of the ballot proposition and must be reproduced in any official document required to contain the full statement of the bond proposition.
Evaluation of Needs. As required by Article XIII A of the California Constitution, the Board of Trustees of the District has certified that it has evaluated safety, and information technology needs in developing the list of facilities projects shown below.
Projects Subject to Available Funding. The following list of projects is subject to the availability of adequate funding to the District. Approval of the bond measure does not guarantee that the proposed projects in the District that are the subject of bonds under the measure will be funded beyond the local revenues generated by the bond measure. The District's proposal for the projects does assume the receipt of matching state funds, which could be subject to appropriation by the Legislature or approval of a statewide bond measure. Partners and additional funding sources will be sought to leverage additional facility funds.
Scope of Projects. Bond proceeds will be expended to modernize, replace, renovate, construct, equip, furnish and otherwise improve District facilities as described below. The specific facilities projects which are described below include all related and incidental costs, including costs of design, engineering, architect and other professional services, site preparation, utilities, landscaping and other incidental costs, and construction management. Bond proceeds may also be expended to acquire and install furniture, fixtures and equipment at any classrooms and other facilities of the District. The District may alter the scope and nature of any of the specific projects, which are described below as required by conditions that arise during the course of design and construction, including unforeseen conditions such as dry rot, mold and faulty engineering.
RENOVATION AND REPAIR OF EXISTING FACILITIES
Bond proceeds will be expended to modernize, replace, renovate, equip, rebuild and furnish the District’s educational and joint-use facilities. Such projects may consist of the following:
· Renovate existing classrooms, restrooms, teaching labs, and student support facilities, including repairing roofs, upgrading plumbing and sewer systems, and replacing HVAC systems
· Upgrade joint-use community sport fields and recreation areas for student and community use
· Install instructional technology infrastructure to improve student access to computers and modern technology
· Improve energy efficiency throughout, including but not limited to, installation of solar panels to reduce utility costs and be more environmentally responsible
· Make security and safety upgrades, including increased lighting systems and video surveillance equipment to ensure adequate security
· Maintenance and infrastructure improvements to classrooms and campus facilities, including but not limited to, bicycle and pedestrian pathways, and parking
ACQUISITION AND CONSTRUCTION OF NEW FACILITIES
Bond proceeds will also be expended to construct new classrooms, restrooms, teaching labs, and other educational and joint-use facilities, including site improvements, acquisition of land, furniture and equipment, and technology upgrades.
Facility replacement and new construction shall include, but not be limited to:
· Construct and/or establish learning centers in communities adjacent to the Improvement District in order to increase accessibility to educational facilities and decrease student travel
· Construct a joint-use library facility for use by students and the community
Fresno County Supervisor District 2
Brian Calhoun, Paul Dictos and Susan Anderson are running for Fresno County Supervisor in District 2.
Fresno County Supervisor District 3
Henry R. Perea is running for Fresno County Supervisor in District 3.
Fresno County Supervisor District 5
Deborah Poochigian and Nathan Magsig are running for Fresno County Supervisor in District 5.
Fresno County supervisor
In District 2,
Brian Calhoun
Paul Dictos
Susan Anderson
In District 3,
Henry R. Perea
In District 5,
Deborah A. Poochigian
Nathan Magsig
Shinaver on juror selection
Jurors are summoned from a Master Jury List. This list is comprised of registered voters and people with driver’s licenses or ID cards issued by the DMV. While this list may include a core segment of our community it certainly does not encompass a statistically accurate cross section of all people residing in Fresno County. Ideally, every eligible member of the community should be on the Master Jury list. That should be our goal. Our challenge is to find ways to dig deeper into our community and include those that are currently disenfranchised from serving as jurors because they are not registered to vote or don’t have a driver’s license.
Having a more representative and expansive Master Jury list benefits the community as a whole. Not only would such an expanded list include those that are currently excluded from this civic process, it would also provide some relief to those that are on the list and asked to serve so frequently. It would also provide all litigants, whether criminal or civil, a pool of jurors to which they entitled under the law – one that represents a fair and accurate cross section of their community, a true jury of their peers.
Of course our responsibility as a Community does not end there. The next challenge is to ensure that once summoned from the Master Jury list, those prospective jurors, from whatever demographic, respond and participate in the process. Most people realize and accept that jury service is part of their civic responsibility. However, we need to make sure that this awareness continues to be fostered among all members of our community and that our youth receive this understanding as part of their civic education.
The “one-trial or one-day” system currently used in Fresno County to bring in prospective jurors to the courthouse for the actual jury selection process is certainly a vast improvement over the former system that required prospective jurors to return to the courthouse day after day for sometimes as much as a week or more. However, we should not be content with a view that this process is beyond further improvement. The courts should continue to examine ways to assist prospective jurors in carrying out their civic responsibility of jury service with the least disruption to their daily lives as possible. This should include dealing with such issues as availability of downtown parking for summoned jurors, the frequency of receiving a jury service summons, and the length of time that a prospective juror must remain “on-call” once summoned. As a judge I will be committed to improving the juror selection process whenever and wherever possible.
Shinaver on role as judge
I will approach my role as a judge with confidence, hard work, fairness, and respect for all individuals with whom I interact. I believe it is the responsibility of a judge to treat all participants in the court process with dignity, respect, and patience. There is no question that a busy courtroom and the daily responsibilities of a judge can combine to make many stressful situations. But there is nothing that reflects more poorly on the judiciary than a judge that looses his or her temper or treats defendants, attorneys, witnesses, or audience members with rudeness, disrespect, anger or disdain. There is also no excuse for a judge once elected or appointed to the bench to become pompous, arrogant, or dismissive of others.
In my role as a Chief Attorney in the Public Defenders Office I am used to working in high tension, stressful, situations and making quick decisions and judgment calls on a daily basis that impact a large number of people. As a judge, I will have the fortitude and patience to treat others with dignity and respect and to listen to them with an open mind even under the most trying circumstances.
Shinaver on courtroom efficiency
Judges, and the bench as a whole, seem to remain largely out of touch with, or at least don’t seem to give much consideration to, the amount of resources and finances it takes on a county-wide level to efficiently and effectively operate the Superior Courts. It is well known that the vast majority of the court’s business involves the processing of criminal cases. Between juvenile delinquency and adult criminal cases, these criminal matters consume easily two-thirds or more of the court’s resources. However, each and every criminal case that the court processes requires County-funded resources from all of the Public Safety Departments: The Sheriff, the District Attorney, the Public Defender, and Probation. Without the necessary funding for these Public Safety Departments, criminal cases will simply not be processed efficiently, effectively, or at all, regardless of what resources the court has available to itself.
The courts go to great lengths to prevail upon our legislators and the Governor to provide more Superior Court judges and more space to handle increasing court caseloads. And in the last few years they have been successful, receiving a number of new judicial positions for Fresno County. Yet no consideration is given to linking these new judicial positions to funding for the public safety departments that are essential to make the entire public safety system work efficiently and effectively. The judiciary needs to take an active role at the state level in making sure that each new judicial position is accompanied by, or linked to, sufficient funding for all public safety departments. The bench needs to take a leadership role in working with the County at the local level as well as at the state level, to ensure that all necessary resources for the efficient and effective operation of the judicial system are in place.
In terms of the day-to-day operations of the court, the creation early last year of the Local Justice Coordinating Council was a step in the right direction to at least start a dialogue among the justice departments and the courts as to how the daily operations of the court and justice system might be improved. However, the court leadership of the Justice Council needs to take the committee beyond identifying known existing problems to the stage of solving them. And to be effective in actually accomplishing anything significant with such issues as jail overcrowding, the Justice Council will have to include in its membership other law enforcement agencies, such as the Fresno City Police Department and outlying city law enforcement agencies that contribute inmates to the jail population.
It is also essential that the Justice Council become a catalyst for opening a dialogue between the City and the County as to how the costs for the justice system can be shared, how resources can be combined, and how simple cooperation and communication between the City and the County will go far in helping to solve many of the difficult issues now confronting the justice system. The Justice Council may prove to be a good vehicle for positive change if it is steered with leadership and does not become mired in its own bureaucracy.
Shinaver on serving the community
The courts exist for the benefit of the community. It is of paramount importance that the courts remain in tune with the needs of the community which they serve and evolve so that they can continue to provide meaningful and cost effective services not just to those that enter into the court system but to the community as a whole. The Community Court Model as applied to low level criminal offenses is but one example of a more creative approach to the administration of justice that the Superior court bench needs to explore. Community Courts have been used with great success in a number of other states and California counties and have benefited the community by decreasing recidivism and targeting specific sections of a community most in need of the court’s attention.
Many of the court’s records are public records and the courts should make access to these records as user friendly as possible. Today’s technology provides a great opportunity for improvement in this area. Much of this information can be made available to the public on line. Efficiency in the court system should be a priority for the Superior Court bench. Facilitating the expeditious handling of minor criminal and traffic offenses by providing easy access to necessary information and a means by which to resolve these cases quickly is certainly a worthy goal for the courts and in the long run also provides a direct cost benefit to the County.
Shinaver on court and media interaction
The court system and the day-to-day business of all judges should be open and transparent to the public. The Superior Court bench should be accountable to the community which it serves, no differently than any other elected officials. While the independence of the judiciary and the privacy rights of litigants and others that play a role in the court system must be safeguarded, this must be done with an eye towards the communities right to know what their judicial system is doing and how it is being done. The media plays an important and essential role in disseminating this information to the public.
For this reason, communication and understanding between the media and the courts is essential. The courts need to keep the media educated and updated as to how and why the court conducts its business the way it does. An open dialogue between the media and the courts is something that the community as a whole would benefit from and should expect from its elected officials.
The nature of our court system often casts jurors, defendants, litigants, victims and witnesses into public view whether willingly or not. Each case and each situation requires a judge to carefully balance the interests of all participants in the court system with the public’s right to know. As a judge I will be committed to doing this in a fair, thoughtful, and conscientious manner.
Treisman on juror selection
Our Superior Court juries do not currently represent the diverse make up of our community. In our Superior Courts, potential jurors are notified of service by random drawing from our Department of Motor Vehicles list. This represents a broader cross section of our community than did the voter registration list previously used. When the Federal Court recently switched over to the DMV list in order to increase minority representation on our Federal jury panels, ironically they found that minority, and particularly African American representation decreased.
While this finding is not yet fully understood, I believe that it points to growing apathy and disaffection from our legal system. Understanding the reasons for this alienation and reversing the trend is the key to improving the efficacy of our jury system.
There is nothing inherently wrong with using the DMV list. It includes a very representative pool (although it points to a troubling issue, fewer of voting age are registered to vote than are registered to drive). However, individuals are choosing to avoid service and the realities of a mobile society make notification more difficult. While we may seek to add incentives for jury service through better fees or tax deductions to avoid the great cost to individuals, fundamentally individuals are not seeing the benefit of service or the harm in their failure to participate.
We must engage these individuals and build awareness that the judicial system is ours, collectively. That it serves no one group or insular interest. To increase participation, we must teach adults and youth of the security that comes from this service. We often overlook that jury service is one of the “checks” that we have created in our “checks and balances” system to ensure good and accountable government. Understanding should help create an affirmative desire to serve.
Of course, the means to build this awareness lies in our Judges and educational institutions. Outreach and education by our Judges must be part of the job. When individual members of our community are reminded that our safety and our freedoms depend more on a well functioning legal system than on any other single institution, perhaps then we will see the faces of jurors reflect the make up of our broader community.
Treisman on role as judge
My role is to follow the law. Experience, expansive knowledge and a thirst to learn more will help me in that endeavor. However, judicial demeanor and temperament are a state of being rather than a set of characteristics that are adorned and shed as we go to work and return home. I am mindful that a judge is a judge on and off the bench. For that reason, as now, I would conduct myself with dignity and show respect for others. In addition, I am mindful that the justice system is entirely about human beings and human behaviors that do not always rise to the level of our aspirations.
For those who come to my courtroom, I will be making the process clear and understandable; remaining a compassionate human being while I do the work of resolving differences and dispensing justice. This means listening well, determining the truth, evaluating harm and making rulings that are based on the facts before me. It means hearing from victims, families and loved ones and balancing punishment with the prospect of rehabilitation. Knowing the difference between serious and violent crimes that call for prison and crimes that might be addressed through treatment, in addition to recognizing everything in between, is what I will bring to the bench. As a prosecutor I have advocated for life sentences for some and I have requested probation for others. I have made the tough calls of evaluating cases and determining when there was insufficient evidence and I have dismissed cases that could not be proven. I have been making these difficult judgments my entire career. As a result, the exercise of judicial discretion will be familiar, drawn from experience and based in the law.
Finally, maintaining an open and fair courtroom by ensuring proper application of the law, respectfully listening to the litigants, preserving the rights of parties and the dignity of witnesses and victims requires candor, patience and direction. I will encourage a community presence in my courtroom and all who share a willingness to respect each other will be welcome and heard. Of course breaches of civility will not be tolerated. However, I find that making expectations known at the outset, and explaining the process greatly reduces outbursts and indiscretions. Knowing the time and procedure to provide input, engages the parties and the public while informing and contributing to confidence in the outcome. It is trust and confidence through open and respectful procedures that I am seeking to reinforce.
Treisman on court delays
Court congestion and jail overcrowding will not be significantly eased by any act of a single Judge. These are systemic problems that arise from limited and uneven staffing, failure to recognize the interplay between different departments and the reality of limited funding and resources. I am pleased that in recent years there has been more recognition of this system wide and integrated approach. But there is still little planning and dialogue between the departments as each acts and reacts to the proposed solutions of the other. And, we remain unable to plan into the future as budgets are set on an annual basis rather than longer term.
That said, one Judge can affect the efficiency in a courtroom. Keeping the hours needed to get the job done and accommodate the needs of attorneys racing to hearings in many courts is a necessary step. Being willing to discuss cases prior to the date of the hearing will also be helpful, in spite of placing an additional burden on Judges to keep notes and memorialize discussions and negotiations. Flexibility of this sort, however, will drive home the expectation that the Judge is willing to put in the effort necessary and the attorneys are expected to do the same. Fewer continuances will be needed to consider offers or issues if they have been discussed prior to the court date.
But the greatest progress toward efficiency will be made through dialogue with the other involved departments on a regular basis. The needs and expectations of the various departments can be heard and progress can be designed, as perceived impediments are eliminated or accommodated, for a more efficient systemic approach. This could include meeting with State leaders and advocating for long term budgets and planning in our essential services branches, including the judiciary and public safety. This type of planning is needed at every level of government but would be particularly helpful where essential services are concerned. Better planning will lead to greater stability and better use of resources.
Treisman on serving the community
What we do in the court process and the court’s available services should be made clearer and more familiar to our public. In many ways our courts will better serve our community when our community is more familiar with the role of the courts. This is not necessarily because greater numbers will have reason to appear in a courtroom, but because that knowledge will help individuals understand the reported workings of the court and the reasons for various actions. That understanding will build trust in the institution. That understanding will also assist anyone seeking documents or services from the court.
Even with a better understanding of the courts, the community would be best served by fuller access to court records and documents. Of course, many of the impediments to full access are rooted in privacy considerations. Juvenile records, probation reports and mental health related evaluations are generally foreclosed to public access in the absence of a showing of need. These are policy decisions that arise out of our collective desire to see people rehabilitate and reenter society without stigma. Of course, this privacy has been balanced against the anonymity that it helps a would-be threat to our community to maintain. As a result, this balance changes over time as greater information is deemed necessary to protect the community.
What ever information is permitted, it should be easily obtained. Changing information technology and storage systems will help in this effort. More information will become available online and the cost of storage and retrieval will be greatly reduced. Electronic storage rather than tangible archival storage will greatly boost availability of information and records. The limitations will be the time and cost of conversion to such a system and the policy and procedure decisions for permitting or baring access.
However, as this wealth of stored information becomes more quickly and readily available, so too will be the expectation that cases can be just as quickly brought to a close. Our legal system is predicated upon due process rights. Because due process is dependent upon knowing and informed exercise of rights and options, attorneys and judges are obligated to inform the parties at each stage of the proceedings. As a result, there is no foreseeable substitute for man hours and diligent effort to prepare cases for disposition or trial. This does not mean that cases should not move forward quickly and efficiently, but civil and criminal cases do take time. Unnecessary and frivolous delays should be eliminated. But, the record of each action must be made so that later review can determine that rights were observed and informed decisions were made. That is the cornerstone of our system of justice.
Treisman on court and media interaction
The courts are intended as open institutions with the public looking on to ensure that the process is fair. I favor the greatest public access that can be permitted without prejudicing or endangering individuals. However, judges are precluded from discussing a case while it is pending. The parties, while generally well served by doing the same, often seek to disseminate information that aids their side rather than providing neutral information. And, we are wary of the media presenting excerpts from a case because jurors might gain access to information or opinions that will improperly affect their perception of the case.
We have settled upon a case by case judicial analysis of the extent to which media coverage is permitted. For safety and privacy reasons, jurors are generally not named or pictured. After all, the case is not about the jury but the litigants and issues. Unless there are legal concerns, this may not be the case for defendants, litigants, victims or witnesses. But security is always a consideration. I have handled many cases in which threats were made toward me or witnesses. In such cases the media’s interest will be subordinated to safety considerations. The degree to which media coverage will be constrained will depend upon the nature of the concern. Gag orders, limitations on images and, in rare instances, closed hearings are all tools that help a judge balance the interest in the media to cover proceedings and the need for those proceedings to be conducted without harm or prejudice to the participants.
Of course, the media is driven by immediate interest in present cases. This is a response to the public’s desire for the “scoop” on what is occurring and insight into the likely outcome. While it is not as glamorous, I would rather see ongoing coverage that discusses the courts in an effort to inform the public. The second guessing of decisions made by our courts would be less common if those decisions were understood and the context better explained. I have great regard for our system of justice and I am aware of the immense contributions it has made to our civil society. Similarly, I hold the media in high regard and I wish to see it report the tremendous role the courts play in balancing and protecting interests or at least report day to day coverage in the context of judicial and legal concepts that protect rights and foster justice. Ideally, I would like to see coverage of all aspects of our proceedings. However, the editing and selectivity of coverage necessitated by the duration of proceedings will, of necessity, alter the perception of the case. It may be better to limit coverage than to foster misperception of the proceedings. Unless one has seen and heard the same information as the finder of facts, one can not be in a position to second guess the findings.
Kelley on juror selection
Jury service is so important to the American justice system. I believe the method we currently use to summon jurors, in my experience, gives us a cross-section of the community. I do not know of a workable alternative to the current system. The more convenient we make it for jurors to report, and the more comfortable we make it for jurors to serve can only enhance the number of people in the jury pool. The way jurors are chosen is largely controlled by state law, and as a judge I will follow the law.
Kelley on role as judge
My role as judge would require me to make sure that the proceedings are fair to all involved, to follow the law, and to make sure that people have their day in court, but to make sure that the court runs efficiently. A judge must treat everyone involved with respect and courtesy, while still holding people accountable for their actions.
Kelley on court delays
There is no easy solution to the overcrowding of the courts. However, as a judge, I would start on time and make sure that the lawyers in my court come to court punctually and ready to proceed, reducing continuances.
Kelley on serving the community
The Fresno Superior Court has already taken steps to streamline certain services such as traffic cases, and the court has also made available computers for the public to access information from the court. However, with ever-increasing regulations, the court system will only get busier. When Fresno County fills all the judicial position slated for this county, and when there are enough courtrooms for those judges, then some of the burden should be eased.
Kelley on court and media interaction
Our legal system is the best in the world, in part, because of the public access to legal proceedings. The media plays a role in that, too, because only a limited number of people can fit into a courtroom. However, judges must balance the impact on the presence of the media with fairness to the parties, and the security of the people involved. In some cases, that may mean television cameras will be banned or limited. But in general, the system works as well as it does because of the public nature of the proceedings.
LoStracco on juror selection
(a) Yes. The current system of choosing juror candidates from voter and DMV records, I believe adequately fills the needs of the Court for qualified potential jurors.
(b) Yes for the most part, however we must be vigilant to constantly assess our methods and consider other systems for ways to improve.
(c) Yes. I do believe most jurors, once chosen, take the responsibility very seriously. While we may not always agree with their verdict, it is the best system there is for a free and democratic society.