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School District Not Filing Required Reports

According to a 1991 Agreement between the CIC and Alameda Unified School District, the school district is required to file a report annually with the CIC (Community Improvement Commission) on the District Housing Fund, an account set up to build low-income housing primarily for district employees, and funded by pass-through money from the redevelopment agency (the CIC.)

However, a response from the school district on the reports shows that AUSD is mis-interpreting the 1991 CIC-AUSD agreement to mean that no annual reports are required, even though a very plain language reading of the document indicates there are.

The response reads:

“The agreement dated November 12, 1991 between the Community Improvement Commission (CIC) and the Alameda Unified School District (AUSD) stipulates that the AUSD will prepare an annual report on the District Housing Fund in accordance with the provisions of Section VII. Section VII further stipulates that within five months after the end of each fiscal year in which monies have been disbursed, the AUSD shall provide the CIC with a report on the status and use of the District Housing funds.
As of the fiscal year ending June 30, 2007, the CIC has not disbursed monies from the District Housing Fund to the AUSD. “

A very plain language reading of the 1991 agreement shows that the school district is confusing the 1991 CIC-AUSD agreement with the Guyton settlement agreement.

Section 1 of the 1991 CIC-AUSD agreement reads:

“g. “Settlement Agreement” means the Settlement Agreement entered into between Clayton Guyton and Modessa Henderson and the City of Alameda executed by the City of Alameda on April 25, 1990, attached hereto as Exhibit A and incorporated herein by reference.”

Section 3 of the 1991 CIC-AUSD agreement states:

“Section 3 b. The District shall prepare an annual report on the District Housing Fund in accordance with the provisions of Section VII of the Settlement Agreement.”

It is clear that Section 3 b. refers to Section VII of the Guyton Settlement agreement, and not to Section VII of the 1991 CIC-AUSD agreement.

The school district is incorrectly interpreting Section 3 b. to refer to Section VII of the 1991 CIC-AUSD agreement, and using that as an explanation for having no annual reports to provide.

It’s clear that no annual reports – for the past 17 years – have ever been prepared by AUSD in accordance with the 1991 CIC-AUSD agreement and the Gutyon settlement agreement.

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