Measure J Timeline and Links

Time Line

This time line consists of dates and events in relation to the Measure J saga. The authority, legality, and validity of many of the events involving public officials is disputed.

References to page numbers in the timeline are to MVUSD Board packet PDF file page numbers, not the page numbers specified in the agenda.

Jun 12, 2018

Minute Order setting conference for Superior Court case #17CV101.

May 25, 2018

Hearing on Superior Court case #17CV101. (See Election Contest below.)

May 18, 2018

County Counsel files reply memorandum and supplemental declaration of Registrar in Superior Court case #17CV101.

May 16, 2018

Superintendent letter responds to Contestant's letter.Mold, bond issues in Mountain Valley.

May 14, 2018

Contestant files reply to motion to dismiss #17CV091 [sic].

May 03, 2018

County Counsel files motion to dismiss Superior Court case #17CV091 [sic].

May 02, 2018

Contestant letter fills in, corrects "facts" in Trinity Journal report. MVUSD, elections mishandled bond.

Apr 04, 2018

Trinity Journal reporter participates in public relations campaign against Contestant. Suit delays Mt. Valley rebuild.

Mar 28, 2018

Amid controversy, Registrar appoints another to run June election. Forslund named to run June election.

Mar 08, 2018

County Counsel, on behalf of Registrar, files answer to election contest 81 days beyond the deadline.

Mar 07, 2018

Deadline passes for MVUSD to file report of final sale of bonds with CDIAC and MSRB. MSRB/EMMA Issuer Account. (Government Code 8855(j))

Feb 23, 2018

Contestant appears in court on a different matter and forces visiting judge to deal with Measure J election contest which court personnel had been suppressing.

Feb 14, 2018

Superintendent reports at MVUSD Board meeting that bonds were sold "this morning."

MVUSD Board appoints six people to Citizens' Bond Oversight Committee. Six were all that applied.

Feb 13, 2018

County Treasurer has received proceeds (checks) from the sale of bonds.

Feb 11, 2018

Deadline passes for MVUSD Board to appoint citizens' bond oversight committee members. (Education Code 15278(a))

Feb 09, 2018

Contestant sends notice to Bond Counsel, Financial Advisor, and Underwriter by USPS mail that his election contest is pending. Contestant sends notice same notice via e-mail to Superintendent and MVUSD Board.

Jan 16, 2018

Superintendent files completed certificates in lieu of election with Registrar.

Jan 16, 2018

Deadline passes for presiding judge of the superior court to order hearings on election contests. (Elections Code 16500)

Dec 22, 2017

Deadline passes for clerk of the superior court to notify presiding judge of all statements of contest filed. (Elections Code 16500)

Dec 17, 2017

Deadline passes for filing election contests. (Elections Code 16401(d))

Deadline passes for Registrar to file answer or cross-contest affidavit. (Elections Code 16443)

Dec --, 2017

Financial Advisor files notice of intent to sell $3,000,000 bonds with CDIAC (#2017-3348) with proposed sale date of January 14, 2018.

Dec 13, 2017

MVUSD Board enters election results in minutes, signs Bond Purchase Agreement with Raymond James, adopts by-laws and application for oversight committee

Dec 12, 2017

Not a single official has responded to November 16, 2017 Notice and Demand. In order to preserve the rights of the voters and taxpayers of MVUSD, Contestant files timely election contest. Superior Court case #17CV101. (Elections Code 16100(a), 16440(a)

Dec 11, 2017

MVUSD Board regular [sic] meeting lacks quorum: Ferguson (term expired), Schrock (term expired, no appointment by Supervisors), Winter (term expired, no appointment by Supervisors), and Yates resigned.

Superintendent completes Registrar's certificates in lieu of election for Jenifer Schrock and Cindy Winter.

MVUSD Board interviews three candidates (Lisa Barrow, Maura Klopfer, and Kenny Wiley) responding to notice.

Riggs, Schrock, and Winter vote to appoint Barrow and Klopfer.

Dec 01, 2017

Term of office expires for Nancy Ferguson, Jenifer Schrock, and Cindy Winter. (Elections Code 10554)

Nov --, 2017

MVUSD publishes notice of vacancy for two director seats: Nancy Ferguson (Area 1, term ends December 1, 2017, expired) and Diane Yates (Area 1, term ends December 2019, resigned).

Nov 24, 2017

Deadline passes for Supervisors to appoint directors, in lieu of election, for persons who have filed declarations of candidacy: no responsive records. (Elections Code 10515(a))

Deadline passes for Supervisors to appoint director, in lieu of election, for which no person has filed a declaration of candidacy: no responsive records. (Elections Code 10515(b))

Nov 17, 2017

County Registrar certifies November 7, 2017 consolidated [sic] district elections.

Nov 16, 2017

County Registrar, Supervisors, County Counsel, County Superintendent, and County Treasurer receive Notice and Demand that the Measure J election violated the rules for 55% (Proposition 39) bond measure elections.

Nov 07, 2017

Registrar holds 3 of the 33 elections from the August 2, 2017 notice of election.

Measure J ultimately passes by 71 votes.

Nov 06, 2017

Registrar prepares certificates of appointment in lieu of election, without area designations, for Jenifer Schrock and Cindy Winter.

Deadline passes for MVUSD Board to appoint qualified persons to offices for which "no person has been nominated or ... an insufficient number is nominated." (Education Code 5328)

Oct 17, 2017

Supervisors appoint 39 candidates in 13 districts in lieu of election. No MVUSD candidates appointed.

Sep 12, 2017

Registrar certifies facts specified by Elections Code 10515(a) mandating appointments in lieu of elections for 39 candidates in 13 districts. No MVUSD candidates certified.

Aug / Sep --, 2017

Supervisors consolidate Measure J election with other elections: no responsive records. (Elections Code 10400)

Aug 16, 2017

Extended deadline passes for candidate declarations for MVUSD governing board candidates as incumbent Nancy Ferguson did not file declaration. (Elections Code 10516)

Deadline passes for candidate declarations extended for MVUSD governing board candidates as incumbent Nancy Ferguson did not file declaration. Registrar fails to "submit a certificate of these facts to the supervising authority and request that the supervising authority, at a regular or special meeting held prior to the Monday before the first Friday in December in which the election is held, appoint to the office or offices the person or persons, if any, who have filed declarations of candidacy." (Elections Code 10515(a))

Deadline passes for petitions "signed by voters ... requesting that the general district election be held." (Elections Code 10515(a))

Deadline passes to withdraw Measure J.

Aug 11, 2017

Deadline passes for candidate declarations for MVUSD governing board candidates: Two uncertified declarations -- Jenifer Schrock and Cindy Winter.

Aug 10, 2017

Cindy Winter files declaration of candidacy specifying 4-year term for Area 1 and "appointed incumbent" ballot designation. Registrar fails to certify declaration. Elections Code 10513

Aug 03, 2017

Jenifer Schrock (South Hayfork precinct) files declaration of candidacy without specifying term or area and "None" for ballot designation. Registrar fails to certify declaration. Elections Code 10513

Aug 02, 2017

County Registrar publishes notice of election for "Consolidated [sic] District Election" for among other special districts, MVUSD Area 1; 2-year term (2 positions); 4-year term (1 position).

Jul 28, 2017

County Registrar publishes notice of election for Measure J, setting early argument due date for August 10, 2017.

Jul --, 2017

MVUSD files resolution #2016/17–27 with County Registrar requesting that 55% bond measure be placed on ballot.

Jul 19, 2017

Registrar slow-walks petition to recall her. 'Incomplete' filing stalls clerk/recorder recall attempt.

Jul --, 2017

Financial Advisor conducts voter survey for Measure J.

Jul 12, 2017

Petition filed to recall Registrar. Recall intent petition filed against elections official.

Jul 10, 2017

Deadline for County Superintendent call of school district elections: no responsive records. (Education Code 5324 & 5325)

Jun 22, 2017

MVUSD Board ratifies agreement (p. 183) with Financial Advisor for survey, COPs, and bond services. Most are contingent on passage of Measure J.

Jun 19, 2017

Trinity County Grand Jury approves Transparency And Elections Codes report FAR 2016-2017-002

Jun --, 2017

Financial Advisor files notice of intent to sell $5,000,000 COPs with CDIAC (#2017-1840) with proposed sale date of August 30, 2017.

Jun 14, 2017

MVUSD Board adopts resolution 2016/17–27 (p. 136) ordering election to authorize the issuance of $5,950,000 in bonds ($11,868,786 total debt).

MVUSD Board adopts resolution 2016/17–28 (p. 145) ordering governing board election.

MVUSD Board adopts resolution 2016/17–29 (p. 147) authorizing $5,000,000 in certificates of participation.

MVUSD Board ratifies agreement (p. 180) with CRM Group for construction services contingent on funds.

MVUSD Board ratifies two agreements (p. 183 & p. 190) with Bond Counsel for COPs services and bond services contingent on passage of Measure J.

MVUSD Board ratifies addendum (p. 187) to contract of March 7, 2017 with CRM Group: "9. Notwithstanding any other provisions in the Contract, all payments of fees pursuant to the Contract shall be deferred until District receives adequate state funding related to the Project. District's obligation to pay fees will commence upon receipt of said funding."

May 25, 2017

MVUSD Board signs agreement for the sale of $5,000,000 Certificates of Participation.

May 10, 2017

Sometime prior to this date, MVUSD had received a negative certification (it was in danger of default on its financial obligations).

Apr 25, 2017

Special meeting of MVUSD Board to read resolution and supporting documents for the sale of $5,000,000 certificates of participation (COPs).

MVUSD learns that its total assessed value is $284,100,000 and its maximum bond authority is $7,100,000.

Apr 13, 2017

County Superintendent warns MVUSD Board that it is not permitted to take on more debt in the form of certificates of participation.

Apr 05, 2017

MVUSD Board adopts pro-forma debt management policy.

Mar 29, 2017

Superintendent signs letter of intent with Underwriter for certificates of participation.

Mar 08, 2017

MVUSD Board ratifies architectural fee agreement (p. 112), without bid, for "Modernization Projects" based on mold "emergency" no-bid authority.

Feb 10, 2017

MVUSD Board, at "emergency" meeting, adopts resolution 2016/17–12 because "contractors alerted District staff to strong odors of mold in the ceiling, roof, and ducts in the cafeteria, gymnasium and locker room facilities" at the "high school and elementary school campuses."

MVUSD Board receives mold reports and lab results for schools and mold fact sheet.

Dec 12, 2016

MVUSD Board interviews two candidates (Scott Madvig and Jenifer Schrock) responding to notice.

Ferguson, Riggs, Winter, and Yates vote to appoint Schrock.

Nov --, 2016

MVUSD publishes notice of vacancy for one director seats: Marsha Maraviov (term ends December 1, 2017).

Nov 09, 2016

MVUSD Board accepts resignation of Marsha Maraviov.

Oct 20, 2016

MVUSD Board member Marsha Maraviov resigns.

Glossary

These are the names of the people and businesses that are referred to in the time line, above.

Contestant

Mike Wear

MVUSD Board*

(2016-17) Angela Riggs (last elected in 2015), Cindy Winter (unelected), Nancy Ferguson (last elected in 2005), Jenifer Schrock (unelected), Diane Yates (last elected in 2015). (* as of February 10, 2017).

MVUSD Board*

(2017-18) Angela Riggs (last elected in 2015), Jenifer Schrock (unelected, unqualified), Cindy Winter (unelected, unqualified), Maura Klopfer (unelected, unappointed, retired MVUSD employee), and Lisa Barrow (unelected, unappointed) (* as of December 13, 2017)

Superintendent

Debbie Miller

County Counsel

Kelly J. Snowden - SBN #166055 of the firm Prentice, Long & Epperson, PC who was appointed by Margaret E. Long, a partner in the firm and appointed by Supervisors as County Counsel, Clerk of the Board, and County Administrator.

County Registrar

Shanna S. White, appointed replacement for her mother-in-law, former Registrar Deanna Bradford who resigned in March 2015 after being herself appointed in 2012 and winning her 2014 election. (Do you see a pattern here?)

County Superintendent*

Bettina A. Blackwell (up to July 2017); Sarah Supahan (from July 2017)

County Treasurer

Terri McBrayer

Supervisors

Keith Groves, Judy Morris, Bobbi Chadwick, John Fenley

CDIAC

California Debt and Investment Advisory Commission

MSRB/EMMA

Municipal Securities Rulemaking Board (Electronic Municipal Market Access)

Bond Counsel

Jones Hall, A Professional Law Corporation

Financial Advisor

Isom Advisors, A Division of Urban Futures LLC

Underwriter

Raymond James & Associates Inc

November 7, 2017 General District Election

Voters in only 14 of the 25 precincts in Trinity County were mailed ballots for the election.

The four elections held were for Lewiston CSD (121 Lewiston), Weaverville CSD (123 East Weaver, 211 Weaver, 217 South Weaver, 301 Douglas City, 331 Oregon Mountain, 442 North Weaver), Klamath Trinity JUSD (451 Salyer), and Measure J (see below.)

None of the four elections were consolidated because their territories did not overlap. The voters in the each of the 14 precincts had only a single election at which they were entitled to cast a vote.

Only 24.66% of the registered voters in the Mountain Valley Unified School District voted to adopt Measure J. 1150 voters (62.06%) in the district did not cast ballots.

Mountain Valley Unified Precinct List

Numbers in parentheses are voter registration counts as reported for the November 7, 2017 general district election.

Area 1

311 Hayfork (750)

321 Wildwood (37)

501 South Hayfork (663)

511 Forest Glen (10)

521 Post Mountain (213)

Area 2

581 Hyampom (180)

Total

6 precincts (1853)

Election Contest (Case #17CV101)

Measure J had a passing margin of a mere 71 votes with the 55% passing threshold allowable under Proposition 39. While there are no restrictions as to when a Proposition 46 bond measure can be placed on a ballot, the legislature placed restrictions on when a much lower passing threshold Proposition 39 bond measure can be placed on a ballot. Under the two-thirds passing threshold of Proposition 46, Measure J would have failed.

The election contest alleges two grounds with respect to the Measure J election.

The first ground is that Measure J did not qualify for the ballot under Education Code 15266(a). For elections that are not state-wide, 15266 requires that, in order to hold a special election under Proposition 39, there must be, as a condition precedent, "a regularly scheduled local election at which all of the electors of the school district ... are entitled to vote." Although the election for district governing board members was regularly scheduled, it was not called by the County Superintendent, as required by law. Furthermore, by operation of law under Elections Code 10515(a), no regularly scheduled election at which voters were entitled to cast votes was held. This is most clearly evidenced by there being only one election on the ballots that district voters marked. Finally, the published notice of election that the Registrar published was limited to Area 1. The published notice did not include Area 2 which consists of the Hyampom precinct.

The second ground is, primarily, that the USPS returned, as undeliverable, vote-by-mail ballots for hundreds of voters in the Mountain Valley Unified School District, primarily because the ballots were sent to the wrong mailing address.

The following are links to additional materials involving the measure, the contest to the election, and the bonds that were sold.

• Measure J November 7, 2017