Letter to my colleagues and friends

For the past 18 years I have faithfully served on the Delta College board and given my life for the betterment of Delta College.

My family and I have been deeply involved in education for many years, and I continue my commitment to making the Delta College system a better place for students to receive their education.

I would like to take this opportunity to thank my many supporters, who have contacted me over the last several days with their support and kind words. Since the recent death of my husband, and my own medical problems, I have received so much support and kindness that I am deeply moved by the outpouring of emotion. Needless to say, you have all made these difficult times more bearable.

I look forward to spending time with my family and supporters over the weeks and months to come. I am forever grateful and am truly humbled by the outpouring of emotion, especially from Delta College students. I wanted to take this opportunity to publicly thank all of my supporters and family for their continued support, kindness and prayers.

Maria Elena Serna
Lodi

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New Delta board owes taxpayers due diligence

Written by Shelon Arbuckle
Friday, 26 December 2008
The decision to build a college campus in Mountain House raises questions.

San Joaquin County Supervisor Leroy Ornellas said nobody put a gun to the head of the San Joaquin Delta College Board of Trustees in regard to the college’s decision to build a campus in Mountain House.

That’s probably true, but with a board member (Maria Elena Serna) who was willing to compromise her reputation and ethics for $1,600, future payoffs would have been negotiated and promises made behind closed doors.

Dean Andal, who ran for Congress and lost in November, has a stake in future revenues at Mountain House. Thanks to the voters, he didn’t beat out Rep. Jerry McNerney, D-Pleasanton.

The only ones now pointing guns at the new board of trustees seems to be Ornellas and Mountain House developer Gerry Kamilos, and now they’re pushing the new Mountain House Community Services District board members to load theirs.

What’s in it for them? Property values.

What’s in it for the taxpayers? Future commitments involving more bond elections to complete the project and more money to establish public transportation in that area.

I hope that before anything else is done at Mountain House, in reference to the south county Delta College campus, the new board will investigate everything before making any final decisions. The taxpayers made a decision and voted in November to eliminate the old board for the bad choices made in regard to this potential white elephant (the south campus called Mountain House).

There are so many unanswered questions: Where are the portables and on whose land will they be placed? Who will receive rent, and for how long will they get it? How much is the rent? Is it, as Ornellas and Delta President Raul Rodriguez have said, too expensive to move out of Mountain House? Where are the binding contracts, what contracts can be relocated and what is just another threat of pending lawsuit by Kamilos?

The Mountain House land purchased may not be good in today’s market, but it can be sold by the college when the value returns.

We should let our new board members have the time to have every question answered and every rock turned over. They will have to justify this bad decision with truthful facts, not threats, if they continue down this same path.

They owe this to the people — the taxpayers and the students — not the few who had and have hidden agendas for this monstrosity of waste.

•Shelon Arbuckle is an 21-year resident of Tracy and has been self-employed for 18 years as a printer repair technician and toner supplier. She lived in Alaska for eight years and served on a parks and recreation commission.

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Maria Elena Serna's lawyer says charge is a technicality / He also 'thinks there are political issues involved'

By Maggie Creamer
News-Sentinel Staff Writer
Updated: Wednesday, December 10, 2008 12:36 PM PST

A day after Maria Elena Serna resigned from the San Joaquin Delta College Board and pleaded no contest to a misdemeanor offense of doublebilling the college, her attorney characterized the charge as a technicality and said it may have been politically motivated.

Serna, 67, received three years probation in San Joaquin County Superior Court on Monday. The Lodi resident "double-dipped" by asking and receiving reimbursements from Delta and the Community College League of California for travel costs and other expenses. The total amount of the reimbursements were $1,642.10.

Her lawyer, Al Ellis said the case was a technical violation of the law.

"She never had any intention to cheat anyone. ... This is the same woman to march with Cesar Chavez, and after he died, she started a scholarship named after him for the college," Ellis said.

During the time Serna received double reimbursement, Ellis said she was dealing with her husband's death and recovering from back surgery.

He also said the college's decision to take the case to the authorities may have been motivated by politics.

"I think there are political issues involved," Ellis said.

Contacted at her home, Serna declined to comment and directed all questions to Ellis.

In her resignation letter, Serna said she is resigning on the advice of her physician.

She thanked the students, faculty, administrators and other board members for her 18 years on the board.

"I look forward to observing the 'ideals' that I have espoused being carried out by our new board," she wrote.

Serna is the latest departure of veteran trustees from the board. Several incumbents lost their bid for re-election in November, and Dan Parises, one of the longest-serving trustees, opted to retire rather than seek re-election.

On Monday, Parises praised Serna for what she has done for the school, including her work on the Cesar Chavez Community Leadership Award.

"I've known her for 18 years; she has high integrity and is honest ... maybe she wasn't paying attention," he said.

Delta spokesman Greg Greenwood reiterated on Tuesday that the college sent the case to the Stockton Police because the college will not tolerate elected officials pocketing money, no matter how small.

"From the college's perspective, this wasn't an accident," he said. "This is the college trying to ensure we are being responsible to the community."

The board has 60 days to either make a provisional appointment or hold a special election to replace Serna. Greenwood said that he did not know how much an election would cost. The board meets today to swear-in the four newly elected trustees. Its meeting on Dec. 16 is the first board meeting where the group will be able to vote on action items.

According to a report by the Stockton Police Department, questions first arose about Serna's reimbursement claims when Valerie Stewart-Green, an administrative assistant in the president's office, said Serna said she received a reimbursement from the league. Stewart-Green thought this was odd because reimbursements from the league are supposed to go directly to the college. She called the league and found out that Serna specifically requested the reimbursements be sent to her home address.

Other incidents that raised questions at the college were also detailed in the report.

Delta College Trustee Janet Rivera recounted when she and Serna attended a conference in San Jose in November 2007. Rivera was driving herself and Serna to the conference when Serna asked her to not tell Delta College officials they were riding together. When Rivera said she already told Delta President and Superintendent Raul Rodriguez, Serna reportedly said, "Oh shoot, I was going to claim the mileage."

In another incident, Reen Perez, an administrative assistant in Rodriguez's office, said Serna tried to collect money for a meal Rodriguez paid for with his college credit card.

At the Delta Associated Student Body Government office, Navid Shaghaghi, the president and chairman of the interclub council, said he thinks the way the administration handled the problem is reflective of its inability to work with people on campus.

"They didn't want to solve the problem. They just saw a great opportunity to get rid of this person," he said.

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Serna resigns from Delta board / Trustee pleads no contest to charges she took double reimbursements

By Alex Breitler
Record Staff Writer
December 09, 2008 6:00 AM

STOCKTON - Longtime San Joaquin Delta College Trustee Maria Elena Serna resigned from the board Monday moments before pleading no contest to a charge that she claimed reimbursement twice for several business trips dating back to 2005.

Serna's letter of resignation, which her attorney handed to board President Janet Rivera in the hallway at San Joaquin County Superior Court, cited Serna's health.

"On the advice of my physician, I can no longer fulfill my obligations with the college, and due to personal reasons, I will be having this resignation effective immediately," the 67-year-old Serna wrote. She declined further comment.

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Past problems

Police reports say former San Joaquin Delta College Trustee Maria Elena Serna had past problems with travel expenses and reimbursements:
• An administrative assistant at Delta said Serna asked to be reimbursed for meals that President Raul Rodriguez had already paid for on a college credit card.
• The same assistant said Serna once became "belligerent" when she learned she would not be receiving a full travel allowance for a conference in San Jose, even after she was told the conference would be providing meals.
• When Rodriguez and Serna took a business trip to Washington, D.C., in February 2007, Rodriguez paid for a cab ride and a meal at a Brazilian restaurant; Rodriguez learned later that Serna tried to claim reimbursement on both.

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Serna, a Delta trustee since 1990, was accused of claiming nearly $1,650 from both Delta College and the Community College League of California, which held conferences attended by Serna in San Francisco and Sacramento. The money has been paid back, prosecutors said.

"It's not the amount of the money. It's the audacity of the conduct," said Deputy District Attorney Stephen E. Taylor. "When people do that in public service, they have to leave."

Delta administrators noticed inconsistencies in Serna's reimbursement records and contacted prosecutors, who sent the case to Stockton police. A criminal complaint was filed Friday following a two-month investigation.

The case was set to go before a grand jury today before the last-second plea deal was arranged, attorneys said.

The single felony charge levied on Serna could have resulted in up to three years in state prison.

But Judge Richard J. Guiliani said the court viewed the case as a misdemeanor and sentenced Serna to three years' informal probation, requiring that she obey all laws.

Delta President Raul Rodriguez, who sat in the first row at Monday's arraignment, said the college has long struggled to help Serna understand how reimbursement works.

"It's a shame we've come to this," he said. "But a trustee should know better."

One example: According to an internal Delta College memo, Serna attended a meeting of the nonprofit college league June 20-21 in Sacramento. Delta College used a $179 credit card payment to reserve her room at the Hyatt Regency hotel; Serna wrote up her own reimbursement for the same amount and filed it with the league.

So she was paid by the league for an expense the college had already covered, the memo said.

Overall, the league reimbursed Serna $1,642 for expenses already covered by the college dating back to 2005, the report said. Serna signed reimbursement forms stating that no more money would come from any other source.

Serna's attorney, Albert Ellis, called this a "technical" violation of the law and said Serna's intent was not to defraud anyone.

"This is a horrible thing for someone to have to go through after so many years of distinguished service," he said. "This is the type of woman they're normally talking about naming schools after."

Serna, a retired Bear Creek High School social science teacher, had represented the Lodi area on the Delta board since 1990; she was the first Latino woman elected in San Joaquin County, according to a Delta College news release earlier this year.

She is also the sister of Joe Serna, who served as mayor of Sacramento from 1992 until his death in 1999.

Maria Serna was part of the board majority that favored building a south-county campus in Mountain House, a decision derided by new board members. She recently had back surgery and was not present for some key decisions about how trustees should divvy up a dwindling pool of bond money.

Her resignation means just two of the seven previous Delta trustees will be returning to the dais. Two others did not seek re-election in November, and the last two were ousted by challengers. Only Rivera and Ted Simas will remain on the board.

State law says Delta must either order an election or appoint someone to fill the vacancy. The organization of the new board will be discussed at a special meeting Wednesday night.

Prosecutor Taylor accused Serna of "felony conduct" and said the case was treated very seriously because Serna held public office.

Ellis, her attorney, questioned whether the case would have been filed at all had she been an ordinary citizen.

In a memo to the campus community Monday, Rodriguez said Serna's resignation and other recent negative news - such as allegations of overspending by student government - are "not random or accidental events" but are part of an ongoing effort to "correct longstanding problems, to ensure that we are abiding by laws and regulations, and to bring about necessary and positive change."

Said board President Rivera, after court: "We're cleaning house."
Source

Letter about Serna's Crimes.

Former Delta trustee getting special treatment

Regarding the resignation of Maria Serna from the San Joaquin Delta College Board of Trustees, there are questions that need answers:

If she pleads no contest and resigns, does she still receive lifetime medical and retirement benefits?

Who pays for the investigation?

If she were an ordinary resident, would Ms. Serna not go to jail, not post bond, not defend herself at her expense at trial, not be able to resign and keep medical and retirement benefits? Or have a school named after her?

I'll answer the last one. No, if she were treated like an ordinary person, she'd go through all the above and not retire with benefits or get a felony plea bargained to a misdemeanor or have a school named after her.

Now could a representative from the District Attorney's Office or Delta College answer the first two questions? Transparency is needed.

Ms. Serna has done many good things for the community. However, in this instance the public is the victim, not Ms. Serna.

George Kininmonth
Stockton

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President Rodriguez Issues Memo on Serna's Resignation

CAMPUS MEMORANDUM
Office of the President

Date: December 8, 2008
To: Campus Community
From: Raúl Rodríguez
Re: Trustee Resignation

As the Superintendent/President of Delta College, one of my responsibilities is to inform the campus of serious events. Today I have the difficult responsibility of informing the campus community that at approximately 1:30 this afternoon at the San Joaquin County Courthouse, Trustee Maria Elena Serna pleaded no contest to a charge of submitting fraudulent reimbursement requests for travel related expenses dating back to 2005. Under section 72 of the California Penal Code, this is a felony offense with potential penalties of prison time, monetary fines, loss of professional credentials, and loss of the position of elected official. However, the charge was reduced to a misdemeanor in consideration of Trustee Serna’s resignation from the board. Board president Janet Rivera and I received Trustee Serna’s resignation letter and filed it with the County Superintendent of Schools this afternoon.

While this may come as a surprise to most of you, this matter has been under investigation since early October. After I was made aware of the possibility that Trustee Serna had been submitting fraudulent reimbursement requests, I asked my staff to gather the evidence, which was then reviewed and confirmed by Vice President of Business Services, Dr. Jon Stephens. His analysis confirmed what my staff had discovered, i.e., a disturbing pattern by Trustee Serna of submitting requests for and subsequently receiving reimbursement from Delta College for travel and then receiving a duplicate reimbursement from the Community College League of California (CCLC) for the same trip.

I turned the results of our investigation over to the Stockton Police Department who performed their own investigation and quickly turned the issue over to the San Joaquin County District Attorney’s Office. The District Attorney’s office then filed charges against Trustee Serna. On October 17th and again on November 6th, Trustee Serna made restitution to the CCLC for duplicate funds she received illegally. Those funds have since been returned to Delta College.

There is however a much larger concern. As the Superintendent President of this college, I am deeply aware of the string of events that have fueled a negative perception in the media. Obviously, this event and other recent revelations, such as the ASBG flea market problems and the out of control spending by the ASBG, may further damage the reputation of this college. However, please understand that these difficult revelations are not random or accidental events. They are part of an ongoing and concerted effort by the college’s administrative team to correct longstanding problems, to ensure that we are abiding by laws and regulations, and to bring about necessary and positive change.

While I realize that recent events have been painful and often discouraging, I urge you as a campus community to join me in viewing all of this from a much larger perspective. Specifically, we are at a pivotal place in the history of this great college. The work we are doing is complex and often contentious, but that is to be expected when the stakes are so high. We must however always be cognizant that not all learning at Delta happens in classrooms. As we move forward, it is important for all of us to model the type of behavior we expect from our students. Principles such as honesty and integrity can not simply be words, but must be reflected in both our individual and collective behavior.

I look forward to the days ahead with a renewed sense of purpose, determination and a great deal of optimism. We have a tremendous opportunity for a fresh beginning with the newly elected Board of Trustees. I hope that each of you will join me in rallying behind our Board of Trustees and in shifting our focus back to the multitude of positive actions that occur on this campus every single day.