41209 / 52.1% Yes votes ...... 37816 / 47.8% No votes

See Also: Index of all Measures

Meaning of Voting Yes/No

A YES vote of this measure means:

The Charter will be amended.

A NO vote of this measure means:

The Charter will not be amended.

Appointed Directors would serve at the pleasure of the Mayor and therefore could be removed by the Mayor at any time. The appointed Directors would be Oakland residents and the Mayor would determine their qualifications.

Chartered cities, like the City of Oakland, have legal authority to provide in their charters for the matters addressed by this proposed charter amendment. The California Constitution ("Constitution") expressly grants chartered cities authority to provide for the selection of school district board members by appointment or election, for the number of directors and for their terms, qualifications and removal. Article IX(16)(a) of the Constitution authorizes chartered cities to provide for "the manner in which, the times at which, and the terms for which the members of boards of education shall be elected or appointed, for the qualifications, compensation and removal, and for the number which shall constitute any one of such boards."

The California Education Code ("Education Code"), a comprehensive statutory scheme governing the operations of public schools, specifically recognizes a chartered city's power to provide for the matters addressed by the proposed charter amendment (see e.g., Education Code sections 5200, 5222 and 5301.)

The power of chartered cities to provide for selection of board members by appointment or election, for the number of board members, and for their terms, qualifications and removal has been recognized by the California Supreme Court, the California Court of Appeal and the Attorney General (See Esberg v. Badaracco, 202 Cal.110(1927); People v. Smith, 16 Cal.App.2d 33(1926); 1 Ops.Cal.Atty.Gen 335(1943).) Article XI of the California Constitution, grants to chartered cities home rule as to municipal affairs, thereby giving them the right and power to make and enforce all laws and regulations in respect to municipal affairs. These authorities establish that the matters addressed by this proposed charter amendment are a municipal affair and can be covered by charter provisions.

Regardless of the economic challenges in Oakland, our schools could be much better. We know this from the example in other cities where public schools have made great progress.

What is missing here? It is the unified leadership and commitment of the School Board and the City government to create schools of excellence for all our children.

Vote YES on Measure D and create the mandate for dramatic public school improvement in Oakland. By authorizing the Mayor to appoint three at-large members of the school board, you will inject a new dynamic into the governing of our schools. You will signal that the status quo is unacceptable and that the time for dramatic change has arrived. Make the mayor accountable along with the school board. This appointive power is limited to four years only. In this period, we can and must raise our public schools to a standard of excellence.

Vote YES on Measure D.
s/Jerry Brown, Mayor of Oakland
s/Ignacio de la Fuente, President, Oakland City Council
s/Katherine A. Gueldner
s/Don Perata, California State Senator

In a school board election, we know exactly where candidates stand and that's why we vote for or against them. A vote for Measure D is a vote for three ANONYMOUS candidates with UNKNOWN POSITIONS.

Adding more people to the board by mayoral appointment will not guarantee school improvement. Nor does it solve the two biggest problems facing the school district - accountability and resources. A 10 member Board will be faced with developing new groundrules for its operation, since it would be the largest school board in the state and the only school board with appointed members.

Measure D is a divisive measure and will not build unity. It has already discouraged teachers and principals who are critical to improving student achievement. Just as parents have been demanding more direct say at their schools, we cannot afford a four-year experiment that will only mire the board in political agendas and delay true school reform. We need a school board that is focused on the students, not on politics.

VOTE NO ON MEASURE D.
s/Sarah M. Chavez, Mayor's Commission on Education
s/Alan S. Yee, Former President, Peralta Community College Board of Trustees
s/Mae F. Monroe, District 19 PTA President
s/Eugene J. (Gene) Zahas, Business Owner

Elected board members are accountable to the voters; appointed board members would be accountable only to one person. These appointees could face conflicts of interest whenever the Board deals with issues that involve the City of Oakland. Furthermore, a larger (10 member) Board is much more cumbersome and can be paralyzed by tie votes.

This proposal is divisive when Oakland is trying to unite diverse communities in support of our schools. It would distract us from our focus on raising student achievement at a time when we have much work ahead of us:

- raising test scores

- attracting and hiring a permanent superintendent

- implementing the recommendations to improve our schools from the independent PCMAT auditors

- finding funds for more competitive salaries for teachers and other employees, major repairs and construction of new facilities.

Voters curently have a proven method of making their sentiments known to Board members. If you have unhappy, you can recall your elected board member or vote for new representatives. You lose that democratic right with an appointee. Voters must retain their right to elect ALL their school board members.

Vote NO.
s/Randy H. Hamilton, Graduate School Dean (ret.)
s/Patrick M. Daughton, Parent Activist
s/Sheila Quintana, President, Teachers' Union
s/Dan Siegel, Member, Oakland Board of Education
s/Larry E. Reid, Councilmember, Distrit #7

The Oakland school crisis continues because those who powerfully influence the school board - like the signers of the opposition argument - live in denial. They deny discipline problems, academic failures, and the sheer inability of the school board - as now organized - to be accountable for the children.

Read their argument. They claim: "Voters currently have a proven method of making their sentiments known to Board members." If so, why do only 15% of Oakland voters feel the school board is doing a good job?

Just before Christmas, East Oakland students were actually kept home from school because the heating system had broken down and their classrooms were unacceptably cold. Given the endless complaints on this subject, how could anyone honestly say that the school board is listening to voter sentiment?

The truth is that the democratic right of voters to control their schools has been systematically subverted. For years, insiders have been calling the tune and serving their own special interests.

Measure D is precisely designed to restore integrity and focus to the school board. It will add three outstanding citizens who will represent the entire city. They will forge a unified position out of the divisive politics of the separately elected schol board.

This measure will become effective May 1, 2000 and terminate four years later. By this date, Oakland school test scores should have reached the state average as called for in the advisory ballot Measure E.

Vote YES on Measure D.
s/Ignacio de la Fuente, President, Oakland City Council
s/Don Perate, California State Senator
s/Katherine A. Gueldner
s/Jerry Brown, Mayor of Oakland

WHEREAS, the addition of three new members appointed by the Mayor to the Board of Education during the period of May 1, 2000 to May 1, 2004 would increase the likelihood that the Oakland schools would measure ... to their true potential; now, therefore, be it

RESOLVED: That the City Council of the City of Oakland hereby authorizes and directs the City Clerk, at least 88 days prior to the March 7,2000 election to file with the Alameda County Board of Suervisors and the County Clerk certified copies of this resolution, and be it

FURTHER RESOLVED: That the text of the proposed charter amendment shall be as follows:

Article IV of the Charter of the City of Oakland is amended at section 404(a) and (b) to read:

(a) The Board of Education shall consist of ten District School Directors. Seven District School Directors shall be nominated and elected by the qualified electors of their respective districts for a term of four years. The elected District School Directors shall be elected at the time and in the manner in this Charter provided for members of the Council and shall be required to have the same qualifications. The elected School Directors' Districts shall have the same boundaries as the seven Council Districts. Three School District Directors shall be appointed by the Mayor for two-year terms commencing on May 1, 2000. The appointed Directors shall be residents of the City of Oakland and shall have the same powers and duties as elected Directors.

Effective May 1, 2004 (1) the office of appointed Director shall be abolished, (2) the Board of Education shall consist of seven District School Directors, elected in accordance with the provisions of this section 404 (a) and (3) the provisions of this section pertaining to Mayor appointment of Directors shall be null and void.

The provisions of the Education Code of the State of California shall apply as to matters not provided for in this Charter.

(b) Notwithstanding any other provisions of this section, the respective terms of office of the elected Directors of the Board of Education shall be as follows:

(1) Directors elected or appointed to serve terms beginning in 1987 shall serve in office until 11:00 a.m. on the Monday following January 1, in 1991.

(2) Directors elected or appointed to serve terms beginning in 1989 shall serve in office until 11:00 a.m. on the Monday following January 1, in 1993.

(3) At the 1990 General Municipal Election, District School Director seats in Districts 2,4 and 6 shall be filled for 4-year terms.

(4) At the 1992 General Municipal Election, District School Director seats in Districts 1,3,5 and 7 shall be filled for 4-year terms thereafter.

Notwithstanding any other provisions of the Education or Elections Code or any other law:

(1) the three appointed Directors' qualifications shall be determined by the Mayor and may include, but shall not be limited to the following: (i) a Director who is an educator; (ii) a Director who is skilled in financial matters; and (iii) a Director who is a student or a recent graduate of the Oakland Unified School District; and

(2) appointed Directors shall serve at the pleasure of the Mayor. and be it

FURTHER RESOLVED: That the City Charter amendments contained in this resolution are made pursuant to: (1) Article IX, section 16, paragraph (a) of the California Constitution which authorizes chartered cities to provide for "the manner in which, the times at which, and the terms for which the members of boards of education shall be elected or appointed, for their qualifications, compensation and removal, and for the number which shall constitute any one of such boards"; and (2) Education Code section 5222 which recognizes the power of chartered cities, granted by the California Constitution, to provide in their charters for the matters specified in California Constitution Article IX, section 16, paragraph (a) and be it

FURTHER RESOLVED: That the City Charter amendments contained in this resolution also are made pursuant to (1) rulings of the California Supreme Court, California Court of Appeal and California Attorney General that recognize the constitutional authorization for chartered cities to provide by charter for the appointment of members of Boards of Education and confirm that the selection of members of Boards of Education is a municipal affair and may be covered by charter provisions (Esberg v. Badaracco, 202 Cal. 110 (1927); People v. Smith, 16 Cal. App.2d 333 (1936); 1 Ops.Cal.Atty.Gen. 335 (1943); and (2) Article XI of the California Constitution, which grants to chartered cities home rule as to municipal affairs, thereby giving them the right and power to make and enforce all laws and regulations in respect to municipal affairs, and be it

FURTHER RESOLVED: That in accordance with the Elections Code and Chapter 3.08 of the Oakland Municipal Code, the City Clerk shall fix and determine a date for submission of arguments for or against said proposed charter amendment, and said date shall be posted in the Office of the City Clerk; and be it

FURTHER RESOLVED: That in accordance with the Elections Code and Chapter 3.08 of the Oakland Municipal Code, the City Clerk shall provide for notice and publication as to said proposed charter amendment in the manner provided for by law; and be it

FURTHER RESOLVED: That the City Clerk and City Manager are hereby authorized and directed to take any and all actions necessary under law to prepare for and conduct the March 7, 2000 election and appropriate all monies necessary for the City Manager and City Clerk to prepare and conduct the March 7, 2000 election, consistent with law.