Orange County residents slam Tom Umberg OCBOE Audit as a political witch hunt targeting the conservative school board.
Over a dozen Orange County residents snapped back against the first state audit of the Orange County Board of Education since its inception in 1889.
The review, which could cost taxpayers up to an estimated $500,000, was pushed by state Sen. Tom Umberg (D-Santa Ana). Umberg filed the request prior to Feb. 12., with the Joint Legislative Audit Committee (JLAC) holding its first hearing on the issue March 24 and later approved.
ROUND OF SUPPORT
On Wednesday evening, the OCBE held its first board meeting since the approval. Twenty-four local residents, some of whom have worked in county schools, voiced support for the board, called out Umberg and criticized the audit. (RELATED: “Who’s Funding SayVote? Inside the Dark Money Pipeline to Santa Ana’s Classrooms”)
“Let’s say this is an open letter to Senator Tom Umberg,” a member of the public named Linda began. “Senator Umberg, the actions of this board are an open book. All one needs to do is attend the meetings of the OCBE. I’ve attended most over the last 15 years. And in the last 5 years, which is the time frame of this investigation, I have witnessed over 50 charter school public hearings. This is not a rubber stamp process.”
“I do not understand, Senator Umberg, what the problem is with this board. They are simply doing the job that they have been elected to do. And in the past five years, the time frame of this investigation, all board members, every single one have been elected and often reelected, all by wide margins,” Linda added. “Senator Umberg, is this an effort to save democracy by removing the voting process from the public and putting the appointment of this board into uh faceless bureaucrats?”
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While the board’s functions have changed since its beginning, the OCBE’s current responsibilities remain in supporting 28 local school districts in the area. In addition, the board runs specialized programs for at-risk students, approves budgets, handles student expulsion and attendance appeals, and monitors district finances and operations.
During the March hearing, Umberg asked the committee to have the state do a “comprehensive review” of the board’s actions in the last five years to determine whether they have complied “with civil rights, transparency and other legal requirements.”
“My concern is how OCBE decisions affected student outcomes,” Umberg stated in March.
The Democratic state senator referenced millions of taxpayer dollars spent on lawsuits, charter schools approved over local district and staff recommendations and the board’s involvement in governance disputes.
However, a majority of those who spoke in defense of the OCBE’s actions over the years publicly stated how the board’s support has not only helped children in the county, but built a diverse space.
“I want to begin by thanking this board of education for its continued service to our community at a time when education is too often pulled into political crosscurrents. You have remained focused on what matters most, our students, our families, and the quality of education in this country,” a woman named Sharon said.
“That consistency, that discipline, and that clarity of purpose are both rare and deeply appreciated. This board has also done something equally important. You have created a space for diverse communities to be seen and heard,” Sharon added. “Oversight is important, but it must be fair, objective, and free from political motivation, unlike what’s going on in Sacramento.”
Associate Director of Strategic Communication and Growth for Vista Public Charters School Alyssa Ross also spoke on behalf of the OCBE’s efforts, sharing a personal story of the “importance” of the board’s work as the school works with 1,200 kids in the county.
Ross shared that a father of two students at Vista recently approached the group, sharing how he was being evicted from his mobile home and had to pull his children out of school for the day. Ross said that on the same day the team found a place for the family, ultimately keeping them off the streets for the night.
“So this speaks to the importance of our work as charter schools. And I just wanted to say thank you, just like everyone in this room has said to you guys for your oversight and your continued support of our schools. So on behalf of Vista, thank you,” Ross said.
Prior to Ross speaking, a mother named Zoila had also spoken in support of the board, appearing almost in tears as she told the group about how grateful she was that her son, who is diagnosed with non-verbal autism and ADHD, is able to attend Vista.
“There’s a reason why we left the Santa Unified School District. It was just not homey enough,” Zoila said. “They didn’t have that courtesy to just stop and just talk to the parents when we left. So, I really appreciate you giving that opportunity [for us] to find Vista.”
QUESTIONS ABOUT MOTIVE
Questions regarding why Umberg decided to hone in on the board have circulated since the audit was initially proposed. However, some have suggested that the Democratic state senator has made the target as a political move.
With his term as state senator ending in December, Umberg announced late last year that he would be running for California’s Board of Equalization. The CBE is an elected statewide agency which oversees California’s property tax system, in part ensuring that 58 county assessors assess property fairly and uniformly across the state.
Though the CBE has no authority over the OCBE, the education board’s oversight and appeal decisions affect how much property tax money flows to the county’s 28 school districts and OCDE programs that the board governs and supports. Notably, property taxes are the single largest source of local revenue for California public schools.
THE UNIONS
Umberg has had long-standing support from major teachers’ and labor unions that have been critical of the OCBE for years, mainly due to its charter school support and lawsuits against the state and county superintendent. Backed by key unions like the California Teachers Association (CTA), California School Employee Association (CSEA), California Labor Federation and SEIU California, many have already endorsed Umberg’s new political goal.
In fact, the California Labor Federation, CSEA and CTA all endorsed Umberg in March as the audit was being requested by the JLAC. During the March hearing representatives from both the CTA and CSEA testified in support of Umberg’s audit request.
Tustin Educators Association President Lisa Hickman, who represented the CTA, stated in March that their concerns stemmed from an “alarming trend” of the board’s authorization of charter schools that “bypass local school boards entirely,” along with spending funds on litigation that “should be directed towards students and classrooms.”
“As teachers, we are taught to always bring the truth forward. And as I tell my second graders, if you’re not doing anything wrong, you should have nothing to hide. This audit is not about politics. It is about accountability,” Hickman stated.
Major teachers’ unions in California have long been at odds with the implementation of charter schools.The CTA has previously complained about the charter’s alleged lack of “accountability and transparency,” adhering to different testing requirements, and most notably, pulling public funds that follow students to charter schools.
However, parents within Orange County have pushed back on the union’s stances, often praising the style of charter school’s flexibility and having options for children who don’t thrive in a traditional setting.
In the last five years, the OCBE passed an estimated 19 charter school-related resolutions which include new approvals, renewals and expansions.
LITIGATION FEES
According to Umberg’s March testimony, the Democrat state senator alleged that the board has spent an estimated $8.7 million on litigation over the last five years, averaging around $1.7 million per year.
In 2021, the board settled one of its largest litigations against Superintendent Al Mijares that began in 2018, which had been over who hires the board’s independent/general counsel. Mijares, at the time, had unilaterally appointed Jeffrey Riel as counsel for both the Department and the Board.
Despite the Board’s majority citing concerns of a conflict of interest and advocating to have their own separate lawyer, Mijares refused to pay the Board’s choice of counsel’s bills, claiming solo hiring power. The dispute led to the board suing him and settling for $3.2 million, allowing the OCBE to keep its own counsel.
The board had another lawsuit against Mijares, which was filed in November 2019 over who controls the OCDE annual budget approval process. The lawsuit was later settled in March 2025, but notably was non-monetary; it was a procedural agreement clarifying future budget roles and collaboration under the Education Code.
The estimated alleged amount spent on litigation by the OCBE, however, is less than .5% of their budget over the five years that the audit would be searching through. According to the board’s public budget, their total operating budget has typically been between $350 million to $5410 million.
In addition to money spent on litigation, the OCBE has joined pro bono lawsuits in the last five years, fighting Democrat California Gov. Gavin Newsom’s COVID-19 restrictions like enhanced mask mandates between 2020 till 2022.
WHAT’S NEXT
During Wednesday’s meeting, the board announced it would fully cooperate with the state audit, noting that it has been fully transparent throughout its processes.
The state auditor has not issued a timeline for completion. Umberg said in a press release that the audit is expected to take at least six months. The board noted that the state’s audit would take up to 4,200 hours, though it remains unclear how long the process will take for OCBE staff.
Umberg did not respond to the California Courier’s request for comment.
