I have received a letter from the Law Firm of Fagen, Friedman, & Fulfrost LLP regarding my Writ of Mandate Civil Suit to compel the Coronado School District to release their monthly bank statements showing the canceled checks processed for the School District.
First of all; Stop writing 'Confidential Communication' on the letters. This is not confidential information, this is the business of the People. Everything involving Taxpayer money is public information and all correspondence will be posted for public review.
Second; The School District has got to stop living out the fantasy that they exist in an alternative universe. State and Federal laws require banks to provide their customers with a monthly statement of accounts. Federal Banking Laws are under Title 12 Chapter 21 Section 1863. State Banking Laws are listed under the California Finance Code 1003.
The letter from the Attorney states: “The District is not required to create any new documents in response to your request.”
There is nothing 'new' about bank statements – they have been around since the beginning of banking. Reconciling the bank statement is one of the most basic forms of accounting and bookkeeping. The fact that the District doesn't know their statements exist proves they are not reconciling their books and do not have the ability to properly monitor their accounts because they have no idea what is going through the bank.
The reason the bank statements are needed is to verify the amount for which each check was cashed. The School District has provided two lists of checks; one is the Purchase Warrants authorized by the School Board and the other is a Check Warrant List provided by San Diego.
The amounts of the checks listed on the two Reports don't match. The Bank Statement is needed to verify the exact amounts of each check. There is no alternative for the District but to produce the bank statements.
The letter also wrote: “We also suggest that you contact the San Diego County Treasury..”
Contacting the San Diego County Treasury will not solve the problem. The problem is that the Coronado School District Finance Department is so poorly operated that they not only do not reconcile their bank statements they don't even know that bank statements exist. No, it is not the burden of the Public to find the bank statements for District. It's time for the District to grow up, get their finances in order, and locate their own bank statements.
The Law Firm of Fagan, Friedman, & Fulfrost need to explain to the School District that the theory: “We ignore our bank statements ergo bank statements don't exist” will not hold up in Court.
If the Coronado School District does not release their monthly bank statements showing the canceled checks processed by the District by January 9th we will appear before a Judge in San Diego Superior Court.
But the discussion will not be whether or not a bank provides monthly statements of accounts – that is a proven fact that the Judge will not entertain. The discussion will be on the incompetency of the Coronado School District and their inability to complete even the most basic of accounting procedures in the course of safeguarding the Taxpayers' Money.
Coronado is one of the wealthiest communities in the Nation and school districts receive money based on property taxes, yet the Superintendent of Coronado School District is screaming poverty.
It's time for the People to count the money and counting the money starts with the checkbook.
Release the Records.