The Capistrano Unified School District violated the state’s open meeting law on several occasions when it restored furlough days and salaries to teachers, the Orange County District Attorney says in a letter issued today.
The violations primarily occurred because the agenda did not clearly identify what trustees were going to discuss in closed session when they restored items cut after the teachers strike last year.
Trustees since have publicly voted on the restorations, which their attorney said would correct any potential Brown Act violations.
The allegations, however, were contained in a civil lawsuit filed by resident Jim Reardon.
The District Attorney’s eight-page letter says prosecutors did not find sufficent evidence of any crime, but said CUSD has a history of violating the open-meeting laws.
“The failure of the Capistrano Unified School District’s Board of Trustees to comply with the provisions of the Brown Act, the actions of the Board … constitue a pattern of conduct which is similar to past violations of the Board,” the letter says.
It then details violations dating back several years. The board in the past has pledged to abide by the rules.
The letter notes that if trustees accept the letter, no further action is required.
“Given this history, the pattenr of violations detailed above cannot be allowed to continue,” says the letter, signed by Senior Deputy District Attorney Raymond S. Armstrong. “If the Board accepts the findings detailed above and provides asssurances that these violations will cease and be lawfully correced no further action by this office will be deemed neecessary. Failing this, the District Attorneys will consider the Board to be in abrogation of its earlier agreement, thereby justifying the institution of formal enforcement proceedings against the District to compel its compliance with the Brown Act and to provent any further violations of the law.”
Here's the full letter: Download Cusd_brown_act_violation_letter
This news is disappointing but not a big deal
I am not a teacher but the action to restore furlough days and pay cuts was still correct and the trustees have already "cured" that action in open meetings. This is a non-issue relative to the big issues CUSD faces.
However I did note that the DA's office, run by Beall crony Tony R, failed to mention that there were also Brown Act violations under the "reform" board too. Why did they skip over all of those years? Think someone is coaching them?
Posted by: What about the other violations under the Beall Board? | May 06, 2011 at 01:53 PM
Indeed, the OC Republican machine is corrupt and incestuous. Makes me want to puke.
Posted by: SoSick of Central Committee | May 06, 2011 at 02:05 PM
Odd timing on this...right after the board asked for judicial dismissal of Reardon's lawsuit as frivolous. Will the "acceptance" of this letter have any standing in that action?
And why is the DA stepping in again now after a 2 year hiatus?
I really am appalled at the utter lack of ethics on the part of the DA. We need a superhero.
Posted by: Jollygirl | May 06, 2011 at 02:09 PM
I'm confused. The article seems to be saying that this Board is responsible for what the other Board did. So, since the old Board received the sanctions, wouldn't such logic dictate that the old Board be legally responsible for what this Board does or doesn't do?
Posted by: Needles in haystack | May 06, 2011 at 04:43 PM
I don't think any other board has ever achieved a trifecta before.
Posted by: score | May 06, 2011 at 05:11 PM
YAWN...this is a non issue. Let's move on to deal with real problems and issues our children and schools are facing.
Posted by: Just a parent | May 06, 2011 at 05:40 PM
Pure politics on the part of the DA, who is a friend of the prior board and those who were just recalled. Time for a new DA. This one doesn't know the meaning of justice.
Posted by: Public School Supporter | May 06, 2011 at 07:50 PM
You are absolutely right PSS - didn't he notice that his friends "lost" in the last election even with the "backing" of the Register? I just wish the trustees could be allowed to focus on what is important - the education of our kids. They are trying but Reardon is trying to throw up roadblocks. Wonder why?....
Posted by: Save CUSD | May 06, 2011 at 07:57 PM
Why is it that the same people keep getting involved in so many diverse issues? Could there be a connection between all of these people? The same names keep coming up again and again.
Is the DA concerned with this alleged Brown Act violation but not any of the others? Oh wait...he did care 2 years ago but not since...until now. What triggers his investigations into some violations but not others? This is all very confusing.
Posted by: Jollygirl | May 06, 2011 at 08:12 PM
Wow, and look what came out today as well, Fleming got his last remaining charge dropped, how convenient.
http://alisoviejo.patch.com/articles/ex-capistrano-unified-supt-cleared-of-charges-over-enemies-list
Are we trying to detract from the fact that certain people got paid money for this so called enemies list? Hm. Same people do keep coming up, Reardon is one of them.
Posted by: Capo Parent Too | May 06, 2011 at 08:31 PM