The attorney representing Capistrano Unified wasted no time in filing the lawsuit challenging a county committee's decision that an ballot measure to decide how Capistrano Unified trustees are elected go before voters in June.
The issue is whether trustees, who represent seven geographical areas in the district, should be elected at-large, as they are now, or only by voters in each specific area.
Trustees, who want the issue decided in November with any possible changes put off to 2012, voted December 15 to file a lawsuit. The document, by Newport Beach attorney Phillip B. Greer, was in court on December 17.
In the 10-page writ of mandate, the district argues the county board for school district reoganization exceeded its authority by setting the June election -- when parents want it, so any changes can be in place by November, when three trustees face re-election -- and that the entire process is fatally flawed because it does not allow for appeals.
Trustees have repeated cited budget concerns -- the June election will cost the district $489,000, while a November vote would cost $8,500, although supporters of the change say subsequent elections will get less expensive because fewer voters are casting ballots for each trustee, so each election will not have to encompass all of the 200,000 voters in the district. If each trustee area had about 30,000 voters, for example, only 90,000 voters would participate in an election for three trustees.
The lawsuit goes on to say the June decision should be overturned because the panel that considered the date includes two former CUSD Trustees, Sheila Benecke and Shelia Henness. (The lawsuit incorrectly says they were both recalled. Henness was not.) Their participation, the suit alleges, creates a conflict of interest. (Usually, a conflict of interest is only present when an elected official benefits financially from a decision.)
No hearing date has been set yet. Stay tuned.
Here's a copy of the writ, which is assigned to Judge Gregory Lewis.
This is the political fight-like it or not.
Mark Bucher (Education Alliance) spoke on behalf of this Board against the proposed waiver.
Craig Alexander (GOP) spoke on behalf of this Board against the proposed waiver.
The Recall Group (supported by both,the Education Alliance, and GOP) and out trustees created the anti-CUSD PRI movie.
Lets do not be naive-this is nothing but the political fight started and continued by the Recall Group.
We,the parents care about our children. This Board does not. What have they done for our children?
Posted by: Me | December 31, 2009 at 05:25 PM
When Insider said the board may likely "impose" a pay cut of 10% or more, that is code for forcing a strike vote. It means that the district is not interested in negotiating or mediating a settlement; they are not willing to be bound by the report of the Fact Finder/neutral late next month; they are planning to "impose" their last best offer and let a strike ensue. Their hope is that by forcing a strike, they will turn parents against teachers.
Teachers are doing everything they can to avoid that. But we need parents' support and help and strength - not to save our salaries, but to support responsible decision-making and hold the board accountable. We need you to see that the school board and their supporters are demonizing us (and all unions) as the cause of the recession and the ones standing the way of recovery. We cannot suggest any solution (parcel tax, program cuts, lay-offs, higher class sizes) even if we know we could survive better with them -- because public resistance would be deflected by the board and become anti-teacher. Without either party being willing or able to offer solutions, an "imposed" cut and strike become more likely.
The recall supporters are posting their propaganda on the Orange County Register's online articles and baiting teachers here. Teachers cannot stop the flow of misinformation on their own. We need parents to understand that there is an inherent value in having a teacher down the street, who raises children that go to public schools, who can relate to your families' needs, who informs you about school issues, and attends school programs, and who can finish a career in your community. Your help is needed is we are to sustain and protect that value.
Every one (families, congregations, businesses, social services, charities, sports organizations, book clubs, and the list goes on ) stands to gain or lose here, if the school board is planning to force a strike. It cannot come to that. We must stand up to the board in support of teachers. And we must do it together and soon. Insider is not popular here, but she is effective elsewhere. If they win this battle, the new year will not be a good one.
Posted by: Reality Check | December 31, 2009 at 06:24 PM
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