Here's the latest twist in why LAUSD changed the policy on its website with regards to school facilities only being available to non-profits (see story below). Sunland-Tujunga community activists got this statement emailed late Friday afternoon from local school board member Julie Korenstein:
This is in response to your mail, objecting to the issuance of a civic center permit and expressing concern and dismay that we are supporting and promoting Home Depot's business. This is not true.
I received the following information from the Superintendent's Office:
"The Civic Center Act mandated by the California Education Code provides that each and every public school is a civic center of the community in which the school resides. As a civic center, the members of the public and other organizations may meet and discuss any subjects pertaining to the educational, political, economic, artistic, and moral interests of the citizens of the communities.
Therefore, Los Angeles Unified School District is mandated to uphold the civic center permit policy in a fair, neutral, and transparent process. The issuance or denial of an application for a civic center permit is not an indication of LAUSD's support or disapproval of a proposed use or activity. Whether a civic center permit can be issued is based on the intended use of or the activity. We cannot discriminate against applicants and we cannot make judgment determinations as to whether the applicant's purpose is worthy of the use of a school facility."
As you may know, the District was very concerned about the original report and wanted a much more in-depth study done of the impact on the schools and the community.
I wish there would have been something else we could have done. I share your frustration. Please make sure you are well represented so that your concerns can be heard.
Respectfully,
Board Member Julie Korenstein
Board District 6
This is in response to your mail, objecting to the issuance of a civic center permit and expressing concern and dismay that we are supporting and promoting Home Depot's business. This is not true.
I received the following information from the Superintendent's Office:
"The Civic Center Act mandated by the California Education Code provides that each and every public school is a civic center of the community in which the school resides. As a civic center, the members of the public and other organizations may meet and discuss any subjects pertaining to the educational, political, economic, artistic, and moral interests of the citizens of the communities.
Therefore, Los Angeles Unified School District is mandated to uphold the civic center permit policy in a fair, neutral, and transparent process. The issuance or denial of an application for a civic center permit is not an indication of LAUSD's support or disapproval of a proposed use or activity. Whether a civic center permit can be issued is based on the intended use of or the activity. We cannot discriminate against applicants and we cannot make judgment determinations as to whether the applicant's purpose is worthy of the use of a school facility."
As you may know, the District was very concerned about the original report and wanted a much more in-depth study done of the impact on the schools and the community.
I wish there would have been something else we could have done. I share your frustration. Please make sure you are well represented so that your concerns can be heard.
Respectfully,
Board Member Julie Korenstein
Board District 6
Ron Kaye is the former editor of the Los Angeles Daily News where he spent 23 years helping to make the newspaper the voice of the San Fernando Valley and fighting for a city government that serves the people and not special interests.
Twice in recent years, Los Angeles Magazine listed Kaye among the city’s most influential people, specifically in the area of politics. Kaye has been variously described in the media as the “accidental anarchist,” “the Patrick Henry of the San Fernando Valley” and a “passionate populist.” He is now committed to
carrying on his crusade for a greater Los Angeles as an ordinary citizen. Previously, Ron worked at the Los Angeles Herald Examiner,
Associated Press, Cleveland Plain Dealer and The Australian as well as papers
in Fairbanks, Alaska and Yakima, Wash. He also wrote for Newsweek magazine, The Guardian in London and the Naitonal Enquirer.
Just to clarify, this statement was sent out to
everyone that participated in our email and phone call campaign to LAUSD. I want to be clear that the NHDC never accused LAUSD of supporting or promoting Home Depot. Perhaps others did, but our focus is on the clear violation of LAUSD policy, the changing of the rules to accommodate HD, and the fact that HD did not have the required disclaimer;
"this event is in no way connected to the LAUSD" on their promotional brochures (grounds for revoking the permit, by the way).
Although other special interests groups may have held meetings at LAUSD facilities in the past, the only ones that I am aware of were sponsored by the City of Los Angeles. In our community, the Canyon Hills project held a meeting at an LAUSD facility, but the event was sanctioned by the City, City officials were present, and survey forms were collected by the City. In this case, no City officials are scheduled to attend, and the event is not a City sponsored function, rather, this "Open House" is a one way dialogue with no balance given by presenting opposing views.
No matter how HD tries to spin this event, it is simply a sales presentation for Home Depot using public school facilities to advance their business interests.
Ms. Korenstein,
Thank you for your response. I must inform you that the information given to you by the School Superintendent is incomplete and incorrect. The Civic Center Act within California's Education Code does not permit businesses, or their representatives, usage of public school facilities as Home Depot wishes to do. If the permit specifically states that Home Depot, as a business, is the entity making the facility request then the permit is illegal. Therefore, the permit given to them is illegal and must be revoked. I ask that you proceed with this immediately.
For your information, the Civic Center Act is available for viewing on the Internet, as EDUCATION CODE SECTION 38130-38139 . It's web address is:
http://www.leginfo.ca.gov/cgi-bin/displaycode?section=edc&group=38001-39000&file=38130-38139
As you read in Section 38131, you will note that it does not provide for a for-profit business to utilize public school facilities for it's own business motives. It indicates that these groups can use the facilities: citizens, parent
teacher associations, Camp Fire girls, Boy Scout troops, veterans'
organizations, farmers' organizations, school-community advisory
councils, senior citizens' organizations, clubs, and associations.
Then it states that the purposes for the use is to recreate.
For reference, it states,
"38131. (a) There is a civic center at each and every public school
facility and grounds within the state where the citizens, parent
teacher associations, Camp Fire girls, Boy Scout troops, veterans'
organizations, farmers' organizations, school-community advisory
councils, senior citizens' organizations, clubs, and associations
formed for recreational, educational, political, economic, artistic,
or moral activities of the public school districts may engage in
supervised recreational activities, and where they may meet and
discuss, from time to time, as they may desire, any subjects and
questions that in their judgment pertain to the educational,
political, economic, artistic, and moral interests of the citizens of
the communities in which they reside. For purposes of this section,
"veterans' organizations" are those groups included within the
definition of that term as specified in subdivision (a) of Section
1800 of the Military and Veterans Code.
(b) The governing board of any school district may grant the use
of school facilities or grounds as a civic center upon the terms and
conditions the board deems proper, subject to the limitations,
requirements, and restrictions set forth in this article, for any of
the following purposes:
(1) Public, literary, scientific, recreational, educational, or
public agency meetings.
(2) The discussion of matters of general or public interest.
(3) The conduct of religious services for temporary periods, on a
one-time or renewable basis, by any church or religious organization
that has no suitable meeting place for the conduct of the services,
provided the governing board charges the church or religious
organization using the school facilities or grounds a fee as
specified in subdivision (d) of Section 38134.
(4) Child care or day care programs to provide supervision and
activities for children of preschool and elementary schoolage.
(5) The administration of examinations for the selection of
personnel or the instruction of precinct board members by public
agencies.
(6) Supervised recreational activities including, but not limited
to, sports league activities for youths that are arranged for and
supervised by entities, including religious organizations or
churches, and in which youths may participate regardless of religious
belief or denomination.
(7) A community youth center.
(8) A ceremony, patriotic celebration, or related educational
assembly conducted by a veterans' organization.
(9) Other purposes deemed appropriate by the governing board. "
Again, the intent of the Act is not for businesses to promote it's agenda. The intent of the act is for those groups, stated above, to "recreate", as stated in Section 38131.
Please bring this to the Superintendent's attention, and the fact that the permit for Home Depot to utilize facilities at Mt. Gleason Middle school is in violation of the Civic Center Act.
Thank you,
Stan Sugarman
p.s. I've cc'd this to the NoHomeDepot advocacy group and Ron Kaye, an interested party.
p.p.s Please feel free to use my information in this email however you wish.
I read Ron's post yesterday. I visited the school district website to check it out. Who is the school district office approved it? I figure someone working at counter can't okay this all by themselves. Wouldn't they have to ask some supervisor whether it was okay? So who was the one that gave it the go ahead.
Wasn't Home Depot suppose to give them a sample of the invitation with the disclaimer? I thought I read that in the rules. I don't think the school district 'corrected' that on their website.
good sites,
thanks,