In 2011, Lassen County's district attorney requested a still-unanswered opinion by the state attorney general on whether California's Public Records, Brown and Fair Political Practices acts apply to public charter schools.
It came after former Gov. Arnold Schwarzenegger vetoed legislation requiring charter schools to comply with those laws in 2010. Last year, Gov. Jerry Brown, who's anti-transparency and pro-charter, killed another attempt.
Assembly member Mike Gipson, D-Los Angeles, has introduced a similar bill. But Brown remains governor.
Charter schools pull students and money from public school districts where these laws apply, spending tens of millions of dollars across California, sometimes with nebulous -- or worse -- results.
The state Charter School Association urges members to generally comply with the laws, but it's also lobbied Attorney General Kamala Harris' staff to opine that they don't apply. Harris should finally and forcefully reject those arguments. While the opinions are nonbinding, they're influential and cited often.
My children attended the Urban Montessori Charter School in East Oakland for a year, an Alameda County Board of Education charter. The kids, now schooling elsewhere, weren't the only ones obtaining an education there. My year as a charter-school parent provided a vivid lesson in why they require sunlight's constant disinfectant.
Urban struggled with the Brown and Public Records acts; its board's inability to fully grasp transparent governance was appalling. This became apparent when it fired the head of the school by not renewing her contract.
The meeting agenda where that occurred was barren of facts, listing only a routine job review, not a critical decision on whether to retain her. I asked questions and two days later met with very nervous board members, former Oakland schools official Hae-Sin Thomas and then board co-chair Randy Weiner. They lacked good answers. They also said they knew who the new administrator would be, even though there'd been no meeting about that yet.
"We hope you were impressed with us," Weiner said oddly as we parted. I wasn't.
The replacement, David Castillo, had recently resigned from Urban's board. Like Thomas, he was an active member of the charter-school movement. They considered no one else. His hiring stunk of cronyism.
Then the board tried to approve Castillo's contract at a special meeting, an action banned under the Brown Act's post Bell-scandal reforms. I objected; the vote was aborted.
I checked the board's Statements of Economic Interest. Most absurdly claimed no income or assets. A few Googles and emails later, board co-chairs Weiner and Tony Emerson filed amended forms identifying jobs and holdings.
These forms aren't hard. Read instructions. Be honest. Err toward disclosure. This doesn't qualify one for NASA. Failing to do so raises this question: If they can't get simple disclosure right, what else is amiss? Well ...
A board member, Peter Laub, was vice president of a firm, Ed Tech, that provides financial services to charter schools, Urban included. The conflict of interest was obvious, festering for two years. Laub resigned his seat; the company remained.
The board took macro views of shaky finances. It didn't vote on bills. Members didn't know employee salaries, or where money went on a daily basis. Bills and credit card receipts showed fat balances, accruing interest and sometimes late charges.
I've spent what seems like a lifetime sifting through government financial records. I've never quite seen a mess like Urban's. Fraternities with unlimited credit would keep better records.
Castillo spent generously on meals. Text messages he and Thomas exchanged didn't focus as much on education as on paying for booze at a staff party. Thomas rejected using school money for alcohol. Urban barely paid bills, and parents bought basic supplies. Yet its chief argued for party cash. (Full disclosure, I still owe Urban a small amount of money for after-school care.)
But it was my kids' school. I volunteered for a transparency committee. It accomplished little. In July, I found that the board held a special meeting at 7:30 a.m. at Thomas' home to renew Castillo's contract. I forced a public revote. Given the board's try at the same shady move just months earlier, members clearly cared not to change. I resigned.
Urban released documents under the Public Records Act showing its faults. Texts. Emails. Bills. Receipts. But Harris' opinion writers would be foolish to think disclosure's the charter-school norm, and this issue has landed on the dimwit side of Brown's brain.
The last thing Harris should do is enable public funds to pour into ratholes without accountability.
Thomas Peele is an investigative reporter for this newspaper and teaches classes on public records at the UC Berkeley Graduate School of Journalism. Follow him at Twitter.com/Thomas_peele.