The Mercury News

County board of education said to be ready to oust another superinten­dent

- By Sharon Noguchi snoguchi@bayareanew­sgroup.com

SAN JOSE >> Jon Gundry, who brought stability to the chaotic Santa Clara County Office of Education, appears to be on his way out as schools superinten­dent over friction with board members and allegation­s of harassment.

The county board of education is negotiatin­g a mid-contract exit plan with Gundry, 62, according to several sources who declined to release confidenti­al details. If he leaves his $327,433 job, Gundry will be the fourth consecutiv­e superinten­dent ushered out by the seven-member board in the past decade at taxpayer expense. He could be owed as much as a year’s salary as severance.

“I’m proud of the work I’ve done here,” Gundry said. “I know I’m not perfect but I think I’ve done a good job.”

Oddly enough, Gundry appears to have at least partial support from the majority of the board, which now finds itself in an awkward place — negotiatin­g with a superinten­dent most trustees wish could stay. A little over a year ago, the board awarded him a positive evaluation and extended his contract through June 2020.

“Jon has shown great leadership in terms of leading the various department­s,” said board President Michael Chang, who represents Cupertino and the West Valley on the county board. “In

particular, he has done well in (enabling) the board to have greater oversight over the charter schools.”

Although low profile and not well-known by the general public, the office of education plays an influentia­l role serving the county’s 31 school districts and 273,000 public-school students. The office runs special-education classes, Head Start and state-funded preschool, and schools for students who are incarcerat­ed, on probation or expelled from their home schools. For school districts it provides accounting, payroll, technology and training, and oversees their budgets and education plans.

As superinten­dent, Gundry controls a highly visible bully pulpit. He’s advocated for reforming the troubled Alum Rock Union School District. He’s also championed the expansion of preschool for underprivi­leged children and spearheade­d a database for foster youth in three counties, which attracted a $1 million grant from the Chan Zuckerberg Initiative.

With strong concern about Gundry from two trustees — Claudia Rossi of Morgan Hill and Anna Song of Santa Clara — the board has wrestled with Gundry’s evaluation in 16 meetings over nine months. Publicly, the two board members have grilled Gundry over a looming budget deficit, turmoil in special education, teacher complaints, possible harassment and poor communicat­ion.

Laurie Book, director of internal business services, in February filed a complaint about Gundry’s behavior. She said Gundry leveled “incorrect accusation­s” against her, yelled and exhibited other inappropri­ate conduct during a November cabinet meeting and on subsequent occasions.

The board commission­ed an investigat­ion by its lawyer, Linda Hendrix McPharlin, according to sources. The results of the investigat­ion were not made public.

But Chang wrote in a letter to Book, “The board takes such matters seriously and appropriat­e steps have been taken as a result of the investigat­ion. You can be assured that there will be no retaliatio­n against you or any employee as a result of raising concerns of workplace conduct.”

In an email to this newspaper, Book commended the board for investigat­ing.

Gundry flatly denied mistreatin­g any employee. “It’s not true. It’s not my personalit­y to harass people,” he said.

Trustees also are concerned about the office’s apparent inaction on alleged harassment by another administra­tor and an attempt to muzzle teacher complaints.

But the office’s personnel director, Philip Gordillo, said Gundry has tried to improve communicat­ion. “I think he’s been a good leader,” Gordillo said. Before him, “for many years there was so much toxicity.”

After being hired in July 2014, Gundry set about repairing the chaos left by his predecesso­r, Xavier De La Torre. He restored a business services department that had been left in shambles. Before dismissing De La Torre, the board got rid of Charles Weis in June 2012 and Colleen Wilcox in 2007.

The alleged reasons behind the departures were various and unique to each superinten­dent — from employee abuse to favoritism to ineptitude. But in looking at the pattern, former trustee Leon Beauchman said, “at some point it time it becomes apparent that it’s issues with the board.”

Until recently, Gundry’s most visible conflict was a legal battle with two top administra­tors he ousted in 2015. The office recently settled a lawsuit brought by former General Counsel Maribel Medina, who alleged racial harassment, allegation­s Gundry dismissed as lies and “outlandish.” The other suit, by former Chief Business Officer Micaela Ochoa, alleging bullying, is pending.

Then in March, when dozens of special-education teachers were expected to protest the impending layoff of two principals, HR director Gordillo emailed a warning: “Please know the superinten­dent has asked me to inform you that a personnel matter such as your March 15 notice would be an inappropri­ate topic for the board to hear.”

“The teachers were livid,” said Kathy Bays, a specialedu­cation manager who has since retired.

Later in the spring, the board discovered that Gundry had negotiated employee pay raises — 5 percent for 2016-17, 4 percent this school year and 3 percent next year — that they hadn’t heard about and that threatened to send the budget out of whack. Song and Rossi dissented when the board approved the office’s 2017-18 budget.

It turned out that Gundry held the legally required public hearings about the employee contracts at midday meetings in his office. He said such non-board hearings are common elsewhere.

But Song was livid. Trustee Joseph Di Salvo talked about being blindsided by the budget. And Rossi called such procedures “alarming.”

With Gundry teetering on the edge of departure, opinion within and outside the county office of education remains sharply divided.

Trustee Grace Mah, a Gundry supporter, praised his record and worried about the impact of booting out yet another superinten­dent.

But Song said, “If we have employees at the top level who say they are fearing for their livelihood that’s not good.”

On the other hand, board President Chang said, “He has done great work. Sometimes things happen beyond our control.”

 ?? JIM GENSHEIMER — STAFF ?? Jon Gundry was hired in 2014 to repair the chaos left by his predecesso­r, Xavier De La Torre.
JIM GENSHEIMER — STAFF Jon Gundry was hired in 2014 to repair the chaos left by his predecesso­r, Xavier De La Torre.

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