Opinion: School board member secretly investigated by district employees and district’s lawyers

BY DAVE PRICE
Daily Post Editor

The Palo Alto school district is so wildly out of control that the district’s employees secretly conducted an investigation of an elected school board member.

The employees hired a law firm who interviewed people to find something on board member Rowena Chiu.

Turns out, she was clean as a whistle.

The pretext for this investigation was that an employee filed a complaint against Chiu.

The employees, under now-former superintendent Don Austin, thought they had the right to investigate her. Nothing was brought to the board for a public vote or discussion.

They need a Civics 101 lesson: The voters elect the board. The board hires and fires the superintendent. The superintendent hires the district’s employees.

The cliche “the inmates are running the asylum” comes to mind.

In this district, if the board decides the high schools should offer multivariable calculus for kids who want to get into a college with a strong engineering program, the teachers can blow off the board and refuse to offer the class.

The teachers are in charge, not the board.

This secret investigation puts the board in a bad spot. Some might say that a faction that controls the school board is secretly using district employees and district lawyers to hound a critic. I’m sure board members would deny such allegation, but that’s the perception such an investigation gives to an outside observer.

Let’s say the lawyers found something terrible about Chiu. (They didn’t.)

Since she’s not a school district employee, what could they do about it? They can’t discipline her or even threaten to fire her. She was elected by the voters and accountable only to them.

So what’s the point of a secret investigation? Maybe it’s to dig up dirt that would be secretly circulated around the community and used against Chiu before the next election?

Perhaps the point of the investigation was extortion? In other words, we’ve got some dirt on you. If you don’t want it revealed, you better vote the way we tell you to vote.

As residents of the district, we’re entitled to some information about this secret investigation:

• How much did this investigation cost?

• What was its scope?

• Who approved it?

• Were any board members told about it?

• Can we see the final report?

• • •

You can’t beat ABC7 when it comes to alarmist journalism. On Thursday, they had a story saying,“San Francisco is sinking at a rapid pace, NASA data shows.”

If you dig a little deeper, you find out that NASA defines “rapid” as 0.4 of an inch per year. Combine that with predictions of sea-level rise, and San Francisco should have enough water soon to wash away the poop and fentanyl needles on the sidewalks. 

Next week, ABC7 will report: Glaciers are headed our way rapidly.

• • •

In Palo Alto, we do a lot of planning. One planning report after another. One planning district on top of another. And we have traffic jams, business districts dying and people living in their cars.

Editor Dave Price’s column appears on Mondays.

35 Comments

  1. Thank you for the article. I agree that answers to your five questions at the end of the article should be made public.

    • PAUSD is a public agency, so this information should be subject to an FOI request.

      I’d add another question, “who funded it?” But we probably all know the answer to that. Parcel tax, you say?

  2. This is the frontier where workplace harassment law meets local politics and is the same tactic that was used against Valley Water Director Rebecca Eisenberg.

    Every workplace has an employee handbook which spells out how to make a complaint against another person for any sort of discrimination or harassment: physical, sexual, or verbal. In other words, how to turn a petty grievance into a federal case.

    The innovation is to apply these techniques to elected officials. If staff doesn’t like who gets elected, they find some instance where the new board member still learning the ropes says or does the slightest thing which can be distorted and construed as misogyny, racism, or disrespect.

    The handbook spells out the process. Following a written complaint, management must try to resolve the problem at the lowest level. Unfortunately, if the complaint involves the board or CEO, then an outside law firm must perform an investigation. The CEO simply follows the handbook and the elected suffers a year-long investigation with the taint of “harassment” or “racism” and taxpayers foot the bill. It’s a form of lawfare versus an elected that staff can initiate for free without consequence.

    • You should know that the law treats officials differently than employees. Essentially the employee handbook doesn’t apply to an elected.

      • It was an employee who initially complained in both cases. An employee could make a complaint about a vendor or a volunteer as well as a board member or another employee.

  3. It’s obvious what’s going on. The other four members are using this investigation to harass Rowena, who they detest. If there was a legit gripe against her, they would have gone public with it.

  4. This is very, very easy to figure out: Michelle and Ken Dauber say they want Rowena gone so they put their inside mole on the job: Dharap. When are people going to realize that the Dauber’s and their partners in corruption will do anything to further the victim mentality, and everyone must be equal agenda. Every time Rowena looks to her right at a board meeting, she should realize she is looking at the enemy and the Dauber’s.

  5. Clearly, teachers unions are in total control of school districts and the only weapons district trustees have are layoffs by seniority. Too often board members are also beholden to the unions in order to receive campaign contributions, Oakland for example. That’s why so many districts are constantly facing state receivership while academic performance suffers. Nothing is going to change since there is no will to change.

  6. Unions in charge? Total control? Really? Not in PAUSD. Not even close. I don’t know where some folks get their information, but the teacher’s union in Palo Alto is not running the show. As far as campaign contributions go, I don’t remember my PAEA dues being allocated to a specific board candidate, and I don’t recall the union stacking the board with “pro-teacher” members either. The implication that teachers are paid too much to do an increasingly poor job is outright silly. The level of service provided by most PAUSD teachers is exemplary and the quality of instruction on par with the best districts in the state and nation. Remember, it is the school board that grants tenure upon advisement from the administration. If bad teachers are getting through, that is not the fault of the union. The only tangible things I saw my union doing was contract negotiations and coming to the aid of teachers who were being mistreated by administration. In those capacities the union was not dominant or extremely effective by any measure. PAUSD teachers have a “no strike clause” in their contracts, so the most effective union tool does not apply to the PAEA.

    Some folks might want to do some fact checking before proclaiming unions public education enemy #1. Or better yet, try teaching yourself and then report back.

  7. The teachers union rejects classes like calculus, overruling the school board. The teachers union demands the closure of the schools, overruling the sentiment of parents. The teachers union puts out slate cards and walks every neighborhood in town to support their favorite candidates (campaign activities that don’t have to be reported on a candidate’s financial disclosure forms). But, sure, sure, the teachers union has no influence. None at all. Nothing to see here, just move along.

    Mark, do you think people are dumb enough to believe you, or have you deluded yourself?

  8. The teacher’s union did not reject multi-variable calculus, the Math teacher’s Education Council did so, and I’m guessing the decision was not unanimous. Math teachers make up a small portion of teachers represented by the union. I happen to think rejecting the class was a mistake, but not a “union mistake”.

    Can you name any schools in PAUSD that have been shut down at the behest of the union?

    As far as school board elections go, candidates walk neighborhoods. Their supporters walk neighborhoods. And yes, I suppose some teachers do so as well. I never did so, but I support everyone’s right to voice their political opinions. I believe that is called democracy. If board members were funded and hand picked by the union, there would be a lot of evidence to back that claim. Do you have any?

    I never said the teacher’s union has no influence, but you are conflating it to far-fetched proportions. I do not assume that readers are dumb, although it seems you conclude that folks are going to take your assertions seriously even though you have no real facts to back them up.

    I agree that PAUSD needs to improve on many fronts, but the unions are not the root of most of the problems that need attention.

    If what I am saying is delusional, I’ll take the label proudly.

    • And what about shutting down the schools unnecessarily during the pandemic? It’s well documented that kids didn’t transmit the virus at a rate anywhere near adults. But teachers wanted two years off with pay. And the result was a lost generation of youth. I put the blame for that squarely on the teachers unions. That alone is cause to disband teacher unions and make them illegal going forward. I know you’ll try to wiggle out of that one, but the facts speak loudly.

      • Well taxpaying parent, which everyone with children and without, pay. I am not sure where you get a 2 year Union induced 2 years with pay ? I can tell you this, as a teacher who payed union dues during the pandemic, there is not one teacher I knew who did not want to get back in the classroom, lab or field. The concern was spread. I believe, and still do, that medical doctors are a bit more educated about how a virus travels. Until we were assured (and that may be your union confusion?) that we could no longer carry the virus home to our loved ones, most educators were not willing to go to work. If you want to Union bash, fine, but know the facts first.

          • Payed payed payed. At least you’re bright enough to proof read for me. I may have gotten my nautical terms confused with financial ones and it is obvious you grabbed the line. Thank you for catching that.

  9. PAUSD had a wonderful well thought out Mission Statement for years. Then, a newer group of elected officials figure out that instead of a Mission, we will have a Promise. But, like a bad marriage, most of those elected officials and their approved hires are gone. The “Promise” remains. The “Promise”, written like a drawn out investment document assuring growth, can be used as a written weapon to accuse any person of just about anything related to any number of the promise parts. Rowena Chiu, I would speculate, became a target because she questioned items, not directly, that were covered in “The Promise”

  10. So now the unions decided to shut down schools during the pandemic? Did they also shut down all of the corporate offices whose leaders told their employees to work remotely from home? Did the unions shut down the gyms and restaurants too? Is there anything the all powerful unions can’t shut down? Is there any elected office that is not under union control?

    Wow, and all of this as union membership has reached all time lows. Must be those mega powerful, influence hungry, licentious, greedy teachers keeping unions on life support. As a great teacher once told me, “You can do anything with nothing”. It’s only a matter of time before the teacher’s union controls every facet of your life.

    • In the classroom, I’m sure you’re able to get away with rewriting history for the Civil War, World War II and other events that we didn’t live through. But rewriting history doesn’t work with an event five years ago. Here’s what happened. The teacher unions persuaded our governor to unnecessarily close schools and keep them closed longer than other states. Lie about it if you want. But that’s what happened. We were all there.

      • AI your ridiculous accusation and you will find that schools were ordered to be closed from the Health Department, not our Governor. Furthermore, the unions reasoning for extended closure was for health and welfare of educators as well as older adults as children can carry the virus home. Certain requirements were asked from union representatives such as protective barriers, masks, distancing, etc. Until the funding was available, it took some Districts longer to comply than others. Sure, plenty of items I could bash the union about . Extending school opening dates to protect others is not one of them. Like I said “AI your ridiculous accusation”.

        • 1. Who do you think appoints the director of the state Department of Health and Human Services? Yep, the governor.

          2. Even when the district had protective barriers, the teachers still refused to show up for work. Why was that?

          3. What was the science behind the idea of keeping six feet between people? Why not five feet? Or seven feet? Just tell me the science behind the six-foot rule.

          4. When Gavin Newsom decided to close schools, why were Wayne Johnson and Mark Ghaly the only people in the room with the governor, according to the LA Times?

          • Don’t ask me , Google AI your questions. You have plenty of What’s, Who’s and Why’s. I was just a teacher paying my bills. Were you one of those who got paid not to work? I still had to from my home using my heat, water, electricity and wifi without any extra compensation. Oh wait, there was a little deduction we could use if a certain square footage of our home was used for work. I think I received about $25 in credit from my tax bill. How much were you given?

  11. [Comment deleted — Terms of Use violation. The comment was intended to promote another website, in violation of our Terms of Use.]

  12. It seems, Taxpaying Parent, what really eats at you was the school closures during the pandemic. California played it safe, and teachers were reluctant to return until it was safe. I find that understandable, and you find it frustrating.

    I can tell you this (no lies), when we did reopen on a “student choice” basis, initially more students stayed home than those who showed up. In other words, kids and parents weren’t beating down the doors to get back in. Classes started to fill more near the end of the year that PAUSD called “Zoom from the Room” (and yes I am taking into account the staggered days. I had 15 desks, and usually half of them were empty).

    If anything, teachers showed how flexible and resilient they could be under all sorts of challenging circumstances. We all wanted to go back, but we didn’t want to get sick. What good can one do from a hospital bed?

    I taught history. Re-writing it goes on daily as new research emerges, just like any other topic. Several of my students and their parents would often ask me if I was liberal or conservative, and my reply was always, “You tell me”. They couldn’t, and everyone seemed to like it that way. I was not viewed as a teacher with a political agenda.

    You certainly have the right to your opinion, and your frustration is warranted. The name calling, however, is losing its cachet. I hope you find peace.

    • You’re kidding, right? From these few comments it’s obvious you’re a liberal. Kids who hold traditional views won’t tell you’re a lib because they know you’ll retaliate by giving them lower grades, so I doubt you’ve ever had an honest feedback loop.

  13. So Taxpayer, what are traditional views? Can you name a few that you hold dear? And if such views are sincere, then why would one fear retaliation for expressing them?

    Lower grades came from lower achievement, not one’s political views. My evaluations will show that I gave safe space to all sorts of viewpoints and I allowed students to challenge opinions in a respectful, thoughtful, evidence based manner.

    If students didn’t want to know where I stood, then why would they ask, especially if they feared retaliation? Your assertions hold no water, and the name calling just keeps coming.

    Thanks for being the “honest feedback loop”. I guess the pandemic isn’t the only thing that has you upset.

    • Thanks for confirming what I thought all along. Don’t pretend as if people can’t tell whether you’re conservative or liberal. You’ve been hoisted by your own petard.

      • Where is the petard? Are you a Dauber? Big believer in “The Promise”? Don’t like Unions because they fund left wing agenda’s? Identifying yourself as a “tax payer” makes me wonder if you even have a job? Everyone pays taxes. Even the unemployed. Everything you have brought up was destroyed by Mark Allendorf. He pretty much sunk your ship yet you continue to think you are still floating. Do your research…and heh, if you make a typo error, Disappointed will proof you at no charge.

        • “Hoist by his own petard” is from Hamlet. Remarkable that a Palo Alto teacher wouldn’t know that. What a rube!

          • Yes, remarkable, But heh, I’m retired and not a liberal studies major. Thanks for the wonderful compliment! I do take pride in knowing that I can harvest my own food and prepare it or farm if needed. You my dear will never know what you have missed in the real world. I’m sorry for your loss. I truly am.

  14. As a teacher I never shared my personal political views with students or parents because I felt it my job to be neutral.

    For some reason, Taxpaying Parent, you see yourself as the arbiter of someone else’s politics. I don’t consider liberalism or conservatism inherently good or evil. On some issues I am probably conservative, on others I am probably liberal. It is not the zero sum game you make it out to be.

    I won’t attempt to label you because it isn’t relevant to me. Apparently it is very relevant to you, and anyone who does not see things your way must be marginalized. To me, that is a sign of weakness and weakness comes in all political stripes.

    • “For some reason, Taxpaying Parent, you see yourself as the arbiter of someone else’s politics.” — Mark, when you’re at work, I’m paying your salary, so yes, I have the right to tell you to keep your opinions to yourself when you’re on the job. I don’t care what you might be when you’re at home — conservative, liberal, green, whatever — but don’t bring it into the classroom.

  15. Taxpaying Parent, as I have stated several times but you refuse to accept, I kept my political opinions to myself in the classroom. Thanks for paying me to do so. My teaching evaluations will reveal that your money was well spent (unions don’t do evaluations). I am retired now and can speak freely. I hope that is okay with you.

  16. Mr. Price, great article once again while asking all the right questions! Major unresolved issues and turbulence ongoing within PAUSD, yet we still don’t have the “STEP 1 – TRUTH”! In my humble opinion, they have swept things under the rug for so long & now are desperately praying that people continue to have a short memory regarding all of these lawsuits against PAUSD, plus the #1 & #2 Superintendents cutting nice deals before “getting the hell out of Dodge”. But, why did they target Rowena Chiu so hard? How much does she know? What was the top issue that Palo Alto voters elected her on? Oh yeah, cleaning up PAUSD. Palo Alto taxpayers should demand answers now. PAUSD will likely claim privacy laws or employee case law for not disclosing “sensitive information” but please don’t let that deter you. Everyone should pepper them with FOIA requests anyways and put them ALL on notice. Even though the “smoking gun” evidence of collusion and corruption under Don Austin to overthrow the will of the Palo Alto voters by trying to remove Rowena will not see the light of day unless through the discovery process of another court case, I personally believe the writing is on the wall for those complicit ones still left within PAUSD power. Not a question of if, but when. Taxpayers, please stand together and tell the BOE that you will not approve any new school bond funding until the community gets treated respectfully with transparency and actual accountability.

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