Malibu Unification Committee

  • Committee Members

    The Malibu Unification Negotiations Committee consists of six members, three representing the Santa Monica-Malibu Unified School District (SMMUSD) and a potential Malibu Unified School District (MUSD). The Board of Education ratified the membership on January 21, 2016. The members are:

    Malibu Team

    Makan Delrahim (out)*
    Laura Rosenthal
    Manel Sweetmore
    * Makan Delrahim served until mid-January

    Santa Monica Team

    Tom Larmore
    Debbie Mulvaney
    Paul Silvern

    Committee's Purpose

    The purpose of the committee is to engage in negotiations in an effort to resolve financial concerns regarding unification of a separate Malibu Unified School District. Some of the concerns include, but are not limited to:

    • Payment(s) to be made to address any significant adverse financial impacts of unification (e.g., by MUSD to SMUSD) including:
      Payment amount(s) or formula(e)
      Payment frequency
    • Allocation of cash in the General Fund Accounts
    • Allocation of cash in the Capital Facilities Fund (e.g., developer fees)
    • Allocation of outstanding bond debt
    • Allocation of unspent bond proceeds
    • Allocation of authorized but unissued bonds
    • Elimination of post-unification liability (e.g., liability to a Santa Monica Unified School District for environmental issues at Malibu schools); and
    • If needed, a mechanism for review and possible alteration of the agreed upon items (e.g., every 5 years or upon the request of either side as a result of a material change in financial conditions)

    Board of Education’s Objectives

    The SMMUSD Board of Education’s objectives for the negotiations will include, but will not necessarily be limited, to the following:

    • Elimination of any significant adverse financial effects of separation on SMUSD.
    • Allocation of cash in the General Fund Accounts and the Capital Facilities Fund in a manner which is fair to both MUSD and SMUSD considering the sources and uses of cash in the various funds.
    • Allocation of bond debt and authority to issue authorized but unissued bonds in a manner which is fair to both MUSD and SMUSD and establishment of any legal mechanisms which might be required to achieve fairness.
    • Establishment of a mechanism which would permit refinancing of outstanding bonds in order to reduce property tax assessments.
    • Establish a procedure under which agreements on the preceding four items can be revisited on a reasonable schedule.
    • Establishment of a structure under which MUSD assumes responsibility for any remaining remediation of any contamination in Malibu schools and indemnifies SMUSD for any future claims arising from such remediation work or failure to undertake appropriate work.
    • Dismissal of the pending lawsuit against SMMUSD or an enforceable agreement from the plaintiffs that SMUSD will be dismissed from the lawsuit.
    • Receipt by the Board of a legal opinion from a firm selected by the Board with respect to any potential continuing exposure of SMUSD following separation and a conclusion by the Board that any such exposure is reasonable.

    Timeline & Backup Documents

    9/14/16 - Santa Monica-Malibu Unified School District Reorganization Review and Analysis Report Prepared for the Malibu Unification Negotiating Committee by School Services of California.

    03/01/12 – The Los Angeles County Office of Education (LACOE) presented information regarding the unification process to the Board of Education.

    05/03/12 – Staff’s presented fiscal implications to the Board of Education related to a Malibu unification.

    07/15/15 – During its annual report to the Board of Education, the Financial Oversight Committee (FOC) presented the fiscal implications to the Board of Education related to a Malibu unification. During its report, the FOC concluded that the separation of SMMUSD into an MUSD and SMUSD would not cause a substantial negative effect on the fiscal status of a new MUSD or SMUSD.

    11/19/15 – Based on new information from the state regarding funding for a separate SMUSD and MUSD, the FOC provided the Board of Education with an update to its July report regarding fiscal implications of a Malibu unification.

    12/17/15 – Board of Education approves process for negotiating to resolve financial concerns regarding a separate SMUSD and MUSD.

    01/21/16 – Board of Education ratifies the three members representing SMMUSD on the negotiations committee.

    06/29/16 - Board of Education extends deadline to September 3, 2016

    09/01/16 - Board of Education extends deadline to November 2, 2016

    09/01/16 - Board of Education extends deadline to December 31, 2016