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Uploaded: Tuesday, August 4, 2009, 9:49 AM

Human error blamed for Children's Theatre probe
Palo Alto City Council 'frustrated' by lack of power during 2007-08 police investigation

by Gennady Sheyner
Palo Alto Online Staff

Posted by Take responsibility, City Council, a resident of Another Palo Alto neighborhood, on Aug 4, 2009 at 10:26 am

Naturally the council avoided taking any responsibilty for their failure to provide any oversight for PACT. Perhaps if there would have been some financial oversight, this whole fiasco would not have happened.

Of course, our council's strong suit is not financial responsibility and the PACT is a "beloved" city institution, which apparently is above any oversight.

Posted by Marie, a resident of the Midtown neighborhood, on Aug 4, 2009 at 11:19 am

My understanding is that the city has revamped financial procedures to avoid the problems presented by PACT and now requires PACT to comply with all city financial procedures, which they were not required to do before. I hope, and think it is probably likely, that they now have dedicated accounting support from the city to ensure they have adequate internal controls to comply with city procedures.

I regard PACT as one of Palo Alto's greatest treasures. My daughter participated in some of their programs in high school and my 4 year old granddaughter just took part in a storytelling class. It is these often unique and very well run programs (Including the remarkable school system we have) that are why I live in Palo Alto and gladly pay higher utility taxes and fees to have such unique benefits.

The whole kerfluffle over PACT was because Palo Alto did not provide the financial support and oversight to ensure - or even communicate - existing financial procedures. It is not reasonable to expect theatre directors and artists to know about accounting. And worst of all, when they informed city employees of how they were handling travel expenses, the people they spoke to said it was ok. I don't think any of that will happen again. And I hope people have learned in PACT and friends of PACT that those pesky accounting procedures and internal controls exist not only because of "bureaucrats" but also to protect them from coming under suspicion of misuse of funds. It never would have happened if they had reasonable internal controls.

I don't agree with everything the city of PA does. For example, I disagree with raising charges while reducing services, i.e. no longer picking up garbage in the yard. I disagree with the goal of 0 garbage and 100% recycling. It is a totally ridiculous goal when there is no way I can think of to recycle paper diapers, kitty litter or dog poo (just for one example). Give me a break. Go for an 80% solution - generally the last 10-20% of anything costs way too much and is an inefficient use of funds. But in general, the service, especially the quick response to any problem or request I have made, balances any minor irritation I have had.

Posted by Nobody cares..., a resident of the Professorville neighborhood, on Aug 4, 2009 at 11:24 am

The Children's Theatre "probe" is not news and it must be a slow month at The Weekly to keep churning out stories about it. If anything, I appreciate the investigation and now want to know why the taxpayers are subsidizing it. Let's put it to a vote in November along with the business tax initiative and get some feedback from the people of Palo Alto rather than the lopsided views of the City Council members.

Posted by another dramatic friend, a resident of another community, on Aug 4, 2009 at 4:22 pm

Note: The Keystone Cops was a series of silent film comedies about a totally incompetent group of policemen.

The theater investigation should be satirized. A play should be written and performed. It would be a hoot! We are all in need of a good laugh or two, or three.

The play can be titled, "Put the Cart Before the Keystone Donkeys."

Posted by another realistic friend, a resident of another community, a resident of another community, on Aug 4, 2009 at 4:43 pm

Or here is an idea, how about we make a play about some theater emplyees who fruadulenty spent city funds and because a DA decided he wouldn't be able to prove the case in court, the guilty theater employees got away with it.

We could call it "F is for fraud."

Posted by Outside Observer, a resident of another community, on Aug 4, 2009 at 5:23 pm

Another Dramatic Friend,

Perhaps in a few years, when the remaining culpable City staff members have retired (with accolades and full pension), the PACT can itself put on that play....

I'm sure they would have no problem casting Pat Briggs and her staff, but who would want to play the villains?

Posted by Hollywood, a resident of another community, on Aug 4, 2009 at 7:34 pm

[Post removed by Palo Alto Online staff.]

Posted by A Noun Ea Mus, a resident of the Professorville neighborhood, on Aug 5, 2009 at 9:57 am

I am puzzled..

the article clearly describes the "human error" as all being based in police practices ranging from the bungling incompetent to the criminal.....

But somehow many of the comments seem to be concocting a spin such that it's all on the City Council.

??

Posted by Diane, a resident of the South of Midtown neighborhood, on Aug 5, 2009 at 10:44 am

Why is it still so much easier for people to still insist on commenting "some theater emplyees who fruadulenty spent city funds"

When the whole point is that they were proven innocent and the POLICE were in the wrong from the get go.

THE STAFF OF THE CHILDREN'S THEATRE NEVER SPENT CITY FUNDS INAPROPIATELY.

Posted by Fed up with the concil, a resident of the Downtown North neighborhood, on Aug 5, 2009 at 11:00 am

The "human error" was on all sides. The police officers were not given the proper training to investigate thoroughly enough to give the DA sufficient evidence to charge the PACT employees with a crime. The PACT employees were not monitored and at best had questionable accounting practices. They were not "proven innocent" they weren't charged there is a difference. In the end perhaps the City Council should take the recommendation of the report and "advising the city to exercise more discretion when making public comments". If the City Council refrained from making judgements based on personal and profe$$ional associations this whole process would have gone smoother, but alas that is not the Palo Alto Way. It is better to play for the vote and then deny responsibility and authority regardless of the fact they are the elected leaders of the city.

Posted by CHinCider, a resident of the Downtown North neighborhood, on Aug 5, 2009 at 11:03 am

Uh, Diane -

They weren't "proven innocent". The chages were dropped and the DA's office decided not to try the case because the criminal offenses were past the statute of limitations. That's hardly proof of innocence.........Believe the current spin about the "community icons" if you want. The real facts are rather different. Politics has triumphed here.

Posted by pat, a resident of the Midtown neighborhood, on Aug 5, 2009 at 11:50 am

There's a good reason to dredge up this "old news." It points out the city council's total lack of oversight.

There's a big difference between meddling in a police investigation and asking why an investigation was being dragged out for 11 months.

Why wasn't council demanding information from the staff responsible for the sloppy accounting practices? After all this time, do we have information on where the money went?

Why did Richard James, who was Community Services Director during the fiasco, retire with accolades? In his retirement speech, he spoke out in defense of Director Pat Briggs, saying, “The fault lies in the traditions and processes set in place more than three decades ago and continued through institutional momentum."

James had 29 years to fix these “traditions and processes.”

Council’s oversight responsibility is too often neglected. For years, they did whatever Benest told them. Fortunately, we seem to have a much better city manager in James Keene. But Council should still pay attention and ask questions.

Posted by shame on you!, a resident of the Midtown neighborhood, on Aug 5, 2009 at 2:40 pm

The real tragedy is that one man, after years of service, died with this cloud hanging over his head, and a woman, after years of service, still has to go around town wondering who believes in her and who doesn't, who sees a "Scarlet letter" on her and who doesn't.

This is a crime, a shame, a sin, against both of these people. They are cleared, drop it.

This is still the USA, where one is innocent until proven guilty, not guilty until proven innocent. You who persist in beating up these kind folks should be truly ashamed of yourselves, and certainly should never wonder why we have ever decreasing numbers of volunteers.

Posted by anonymous, a resident of the Embarcadero Oaks/Leland neighborhood, on Aug 5, 2009 at 3:49 pm

I, like many others, am tired of this story. Still I am wondering, wasn't it found that there were checks lying around someone's house?

Posted by A Noun Ea Mus, a resident of the Professorville neighborhood, on Aug 5, 2009 at 7:05 pm

If the police dept. could be compared to an attack dog run a muck, and the City Council to it's human owner...then I could begin to see maybe a shred of a basis for all this spin to turn it around on the City Council.

A an out control investigation was whipped up for some demented agenda, be it financial and/or class bias (working class cop vs. uppity Palo Altans, overtime, etc.). And then there is just the whole witch hunt aspect to it all.

Funny the buzz words to spin this whole thing...."human error" or "there are no heroes" (past article). More like police crime and there are villains. Men and women with badges.

The truth seems more like someone in the police dept. committed some crime by taking this to an extreme. Now the accessories to the crime chime in with "they were never proven innocent".

Truly disgusting. I only hope criminal and civil remedies may be found somehow to atone for this.

Posted by anon, a resident of Another Palo Alto neighborhood, on Aug 7, 2009 at 6:08 am

Why would anyone stash checks in books at their own home? that to me alone not to mention all the other strange accting practices smells fishy

Posted by Sunshine, a resident of the Professorville neighborhood, on Aug 7, 2009 at 10:43 am

Its past time for a full public airing of exactly who was involved, what they did, and when they did on the Children's Theatre investigation scandal. Past and current employees in all departments - Manager's Office, City Attorney's Office, Police Department, Humann Resources Department - no one should be protected from the sunlight as the rock is lifted up to peer underneath. It is too easy to shift all the blame on those who have left City employment.