Friday, July 29, 2016

Baird failed to disclose gifts and travel from yoga foundation as he was mis-stating benefits of yoga for EUSD

Coast News:
Encinitas Union School District Superintendent Timothy Baird attended conferences in Massachusetts, San Diego, Carlsbad and other locations all on the dime of two organizations linked to the district’s yoga program.

But Baird did not report the travel payments — considered gifts under state law — on his statement of economic interest forms, commonly known as “Form 700s.”

Baird said he didn’t report them because he didn’t have to — the school district’s conflict of interest code doesn’t require him to, he said.

[...]

For the most part, the state allows for local jurisdictions to set their own conflict of interest policies, with the exception of one bright line: State law require that any elected officials and administrators in organizations that manages public investments are subject to broader reporting requirements that are laid out in the Government Code 87200.

[...]

In Encinitas Union School District’s case, however, a decision in 2010 makes the case for less disclosure harder to argue.

According to Encinitas school records, the district adopted an investment policy in 2010 that starts with the following language, “The Board of Trustees and the Superintendent support prudent investment of all revenues received by the district. All district monies shall be deposited with the San Diego County Treasury as provided by law and invested as part of the San Diego County Treasury Investment Pool.”
Great reporting here by the Coast News' Aaron Burgin. What poetic justice if Baird's asset-stripping scheme on Pacific View led to his downfall on failure to disclose yoga gifts.

Background on the shady connections between Baird, the yoga foundation, and a compromised SDSU researcher here.

And from the Inbox:
This article does not even address his 2014 trip to Turkey funded by USD's iPad pushing think-tank or his 2015 Mediterranean cruise which was also likely funded by USD. Neither of those trips were reported either.

46 comments:

  1. Fire his ass and all the incumbent board members that support that loser!!!!

    ReplyDelete
  2. Most of the earlier stuff was BS, this could be serious.

    ReplyDelete
  3. Baird has a way of skirting the law. He did so with the Naylor Act. He has done so, repeatedly, with the Brown Act, and now we find he has been doing so with conflict of interest laws.

    He always has a ready excuse and an explanation why the law doesn't apply to him. But he's wrong. He should be held accountable. In the past, he's gotten away with his wrongful acts because individual members of the public can't afford to sue him. Californians Aware did threaten to sue, so he made public corrections and said he wouldn't do it again (have out of area, unnoticed meetings involving school district business, attended by a quorum of the Board of Trustees. Mo Muir wouldn't attend that illegal La Quinta meeting.)

    Baird says he will amend his financial disclosure reports, to clarify, for more transparency. He would never have done so if concerned parents and taxpayers hadn't caught him red-handed in his failures to report numerous gifts received.

    He cheated us on the purchase price of Pacific View, because he sold it without having taken the Naylor Act into account, and presupposing that he could force a zoning change, despite Prop A. He had a bad reputation in Ojai, before being hired here. The trustees who hired him here were undoubtedly influenced by development interests eager to capitalize on surplus school sites, including land donated by Encinitas' original settlers, for the benefit of local children.

    ReplyDelete
  4. We need good old local boy Marco to sue his ass and get him to answer some direct questions.

    Come on Marco. Dont always represent the developer side of arguments.

    ReplyDelete
  5. Hey Bonnie Dumanis - do your job and investigate Baird for possible acceptance of bribery O yea - you only selectively apply the law, according to your interpretation. Baird hangs with multi-millionaires . . seems that he enjoys the "perks" of doing these typesof people special favors. Yogagate is here.

    ReplyDelete
  6. I'm not an expert on State/Local public sector disclosure laws. I suspect it's a very technical and complicated topic, but this doesn't look good for Baird.

    It's possible this could bring him down.

    But this has nothing to do with any other gripe. It doesn't mean he did anything wrong by having yoga in the schools. It doesn't mean the Naylor Act should have applied to the PacView sale. It doesn't mean he did anything wrong hosting a meeting in the desert.

    8:14 would like to conflate this issue with every other. Time to get over it. The PacView sale is done, and we're all moving forward. The ties with Sonima are cut, and we're all moving forward.

    If this is as bad as it looks, Baird may lose support of the board and leave EUSD. Then you'll have a brand new shinny Sup to hate and build elaborate conspiracy theories about.

    ReplyDelete
    Replies
    1. Just remember these things when they announce a new bond to raise another $30 mil.

      Delete
    2. Baird's misconduct is conflated with all other times he has skirted the law. The Naylor Act should have applied, but Baird, knowing that, worked with the Board's attorneys to run out the term. It was only offered for sale NOT taking into account the Naylor Act, including within eight years following it's initial leasing to the City. The law is complicated, but I've read it, studied it. The school board lawyers, at Baird's bidding, work hard to twist the law, claiming "fiduciary duty."

      It should be their ethical duty to follow the letter AND intent of the law, not to mine it for loopholes and self-aggrandizing excuses.

      There was a recitation, in the lease agreement at the time, whereby the City used PV for a temp public works yard, that the City would eventually facilitate rezoning at Pacific View, Capri, and Quail Gardens (Farm Lab). Fortunately, recitations in a contractual agreement are not binding the way the terms of the contract are. I hope Baird and buddies don't try to take away the Quail Gardens Farm Lab site, as "surplus school property" after letting the term expire. If Baird claims it's being used for educational purposes, then the lab/farm closes down, letting eight years elapse would allow EUSD to sell that property, too, probably with residential zoning already accomplished.

      Delete
    3. Th Naylor Act?

      Isn't that a state law?

      Doesn't apply here in the sovereign nation of Encinitastan.

      Delete
  7. "Moving forward." Shaffer's favorite two words in the world when referring to yet another City screwup.

    So you're an admitted non expert, 8:06, but do not believe the Naylor Act would have applied? Perhaps you'll explain your belief, because you know, lawyers on the residents' side have a differing opinion. Are you a lawyer too, or do you just play one on EU?

    ReplyDelete
    Replies
    1. Not a lawyer, and I don't know if Naylor should have applied. I do know that if it did apply, we'd only get 30% of the property, and the other 70% would be homes by now.

      I also understand several residents talked to lawyers about Naylor, and none of them ended up bringing suit. We can infer that the advice of the lawyers wasn't encouraging.

      Finally, if the statute of limitations hast expired already, it will soon, which makes all of this speculation moot.

      Delete
    2. Don't confuse not bringing suit with not having a case. The City counts on residents not being able to come up with the expense involved.

      Delete
    3. If you are financially unable to bring suit, then why waste a lawyers' time and your own? Sane people consult a lawyer to understand whether or not to sue, and the consultation is to determine if the case has merit.

      Maybe the "sane people" assumption is my mistake.

      Delete
    4. It's not a waste of time, 10:59, to consult a lawyer when a public wrong has been committed. Is that you, Antoine?

      Your mistake is conflating sanity with financial wherewithal to hire an expensive attorney, who will prosper, win or lose. Lawyers often don't like to take cases pro bono, as you know. That doesn't mean researching the law, asking for more expert advice is a waste of time, or demonstrates a lack of sanity.

      Delete
    5. 9:17: you're incorrect. The Naylor Act would have guaranteed that the City could have bought 30% of the property at 25% of market value (in current zoning). The City should have been able to factor that in to the total purchase price for the entire piece of (mostly) donated land.

      Also, the assessed value of the land, IN THE CURRENT PUBLIC/SEMI-PUBLIC ZONING, should have determined the market price. Baird ignored the Naylor Act and ignored the local law, Prop A, postulating that the zoning would have to change, whether approved by the public, or not. According to our City Attorney's report given to Council, the Naylor Act did apply.

      Barth, Shaffer and Kranz were also at fault for their poor closed session real estate negotiations, including through Barth's hideous recommended appointee, her darling, former City Manager Gus Vina.

      Delete
  8. If you all remember Coast Law Group, specifically Attorney Dave Peck, worked pro-bono for the parents in the yoga lawsuit. Perhaps he might be willing to take a look at this? Now all attorneys at Coast Law are developer friendly. And, in this case, it doesn't have anything to do with development.

    ReplyDelete
    Replies
    1. Someone please explain the suggestion that lawyers be brought in here. While the district attorney could potentially investigate if a crime was thought to have been committed, what would a civil attorney do? Explain the desired lawsuit. Who would sue Baird - the taxpayers? If so, for what? What did he do - something that is truly actionable - which directly caused economic damages?

      People on here frequently suggest lawsuits without any clear explanation of the point. Lawsuits are not filed to get information. They are filed to get a specific court order or money damages.

      Delete
    2. [crickets chirping]

      It's not about actions or solutions. It's about outrage for the sake of outrage.

      By asking a practical question, you have been exposed as a heretic. You must be (insert local villain).

      Delete
    3. A private individual, or a group of private individuals, can bring a civil lawsuit as a "private attorney general," demonstrating that Baird has violated conflict of interest law, part of California Government Code, as is the Brown Act and California Public Records Act.

      The Naylor Act is part of Education Code. It is too late on that, but it's not too late for the general public, and the Board of Trustees, to learn from mistakes made.

      Delete
  9. This sounds like the beginnings of what those superintendents in the South Bay were convicted for, and what the recently fired Poway superintendent will likely get prosecuted for. What is it about being a school superintendent that is so corrupting?

    ReplyDelete
  10. There is truly no overriding authority; no one to tell the Superintendent 'No!' EUSD has had the same trustees since the early 90's.

    ReplyDelete
  11. Plus, the trustees of EUSD are allowed to leverage tens of thousands of dollars from the district's vendors. If you don't cough up X amount of dollars to support/endorse incumbent trustees, your annual contract with EUSD is granted to someone else. Look up the campaign paperwork from the last couple of bond and trustee paperwork at the County Registrar. Ask Mo Muir.

    ReplyDelete
  12. Thanks Muir, Shaffer, Kranz,Gasbar,blakespear, the center medians in town are uglier than ever. Dead or dying flowers from lack of water. Dead or dying plants . You 5 and you alone are responsible for this ugliness. Thanks for nothing. Even that idiot Muir acknowledges there is no water shortage anymore....

    ReplyDelete
  13. I think that's called a drought. But back to the EUSD thing, if this doesn't get rid of Baird, nothing will.

    ReplyDelete
    Replies
    1. A drought???? Lolololllllllll. You so funnnnyyyy!!
      Water the fucking medians. Drive by the homes of the council members you'll see loscious landscaping....drought!!! Lllloooollllll.

      Delete
    2. Use cacti for the medians.

      Delete
    3. Only things in the desert with cacti in their landscape are lizards and roadrunners. Fill the medians with flowering plants. There is NO water shortage.

      Delete
    4. Lizards are cool. A roadrunner would get sore feet with the condition of the roads in Encinitas.

      Delete
  14. Baird was tainted when he came from Ojai and he has continued his dubious activity once here. This is why these kind of incompetents are placed in office here - there is no accountability, even after repeated infractions (violations). Where is Dumanis? Asleep at the wheel as usual?

    ReplyDelete
  15. After reading this blog now for a number of months and based on many of the comments here, I can only come to the conclusion that Encinitas sucks in electing quality representatives both on the council and the school board. What is it about Encinitas that they are so poorly led? Can't you find decent candidates among you or do most of you not want to be bothered?

    ReplyDelete
    Replies
    1. 12:15, you've come to the wrong conclusion based on a small, self-selecting sample size. This is just 15-20 regular posters, with a few non-regular drive-bys now and then. Lots of complaining and low-budget snark. Myself, "Anonymous," included, lest I be accused of elitism.

      We're no better no worse than any other town with competing interests.

      Delete
    2. 12:15 correct. The weak minded politics started long ago, we have only had one good council member ever - DH. The developers have played the Mayberry IQ (think TK) and that is our legacy. But this blog has helped, we got prop A but good candidates can't seem to get in due to corruption at city hall that is systemic right now. We hope for a brighter future, as of now we continue to be the laughable city of San Diego county.

      Delete
    3. 1:38 PM

      Please explain how corruption at city hall prevents good candidates from running and getting elected? Or are you saying that once they're elected they become corrupted? Is it money that the corrupt candidates get that overwhelms the good candidates?

      If you see the problem and know the solution why isn't it being solved?

      Delete
    4. Well look at Muir's pension and the 35% increase in one fell swoop for a start.

      Delete
    5. 4:39 PM

      That explains nothing as far as getting good candidates to run and get elected.

      Delete
    6. Think about how Muir got in initially. Think about endless violations of the Brown Act. Think about policies and laws broken on a routine basis. Look at the housing plan history, the neglected road repairs and the true solvency of city finances. The city has a dysfunction looking for a type of candidate to soldier on and that is what gets recruited, supported, and elected.

      Delete
    7. 6:14 PM

      Anybody can pull papers to run for council. So far nobody has come up with a reason why candidates who people here would support don't run or why they can't win. If your answer is that the majority of Encinitas voters don't know better then you are simply in the minority and either need to get used to it or find a way to educate your fellow voters.

      Delete
  16. I fail to see the problem in this incident. It seems there is some confusion about what should or should not be reported by the Board. Baird said at the end of the article that if his lawyer advises him to report these compensations/gifts, he will. Not that I care one way or another about Baird, but I feel like I am missing the "gotcha" here.

    ReplyDelete
    Replies
    1. Baird pushed through public funding of the yoga program after the private money from the foundation dried up. Having EUSD as an ongoing "success story" has a value to the foundation that they no longer have to pay for. It could be perceived as a payback for flying Baird around to conferences at nice hotels.

      Since Baird didn't report, it creates the additional impression that he was hiding the conflict.

      Nothing concrete, but when public money is involved appearances matter.

      Delete
    2. So what you're saying is that the yoga foundation was looking for indirect benefits. Just a general increase of a favorable view of yoga, maybe? Is there any way they would get business or other money out of the district?

      Delete
    3. No. The flow of money went the other direction.

      The mission of Sonima is to propagate the health and wellness benefits of yoga to underprivileged children. Encinitas was a convenient pilot since they are local, but we don't fit the "underprivileged" part of the mission.

      They were willing to invest here to build and prove a curriculum, and quantifiable benefits (which were exaggerated). They also bought themselves court precedent that the program does not run afoul of the establishment clause.

      But they also derive value from proving that the program is sustainable without their subsidy. When trying to recruit new schools, it's great to point to EUSD and say "look, this program was so good that after we ended the subsidy, the community loved it so much they insisted that EUSD continue the program with public funding."

      Being able to make that statement is the only value Baird delivered to Sonima. It's very valuable, but it's now also undermined by the news stories about Baird's non reporting. Every school board listening to the Sonima pitch has access to Google, and they will find these news articles.

      Delete
    4. There is NO confusion here. Baird knew well and good what his obligations as a superintendent were. He just CHOSE not to do it. He can try and play dumb now, but it won't work. Not when he failed to disclose NUMEROUS items that were required by law over SIX years. He can try and play the ignorant card all he wants, but he is is very cunning and very manipulative. He knew exactly what he was doing.

      Delete
  17. Watch Baird in the movie Kid's Menu, he comes across as a decent guy and the Encinitas schools look outstanding.

    ReplyDelete
    Replies
    1. Then he should go into acting next. Because that is what he does. He acts one way, but is scheming the entire time.

      Delete
  18. Watch Baird in the movie Kid's Menu, he comes across as a decent guy and the Encinitas schools look outstanding.

    ReplyDelete
  19. Baird has been playing this community for 7 years. He knows the law. He also knows what he can get away with. Thank you to the parents and community members for finally paying attention.

    ReplyDelete