Reardon Sues Capistrano Unified School District Over Salary Restorations

News release from Jim Reardon:

A lawsuit filed March 28 in OC Superior Court alleges violations by the Capistrano Unified School District (CUSD) Board of Trustees of the Ralph M. Brown Act, California's "open meeting" law. The suit alleges that the Trustees met secretly to discuss and vote to restore work days and pay to teachers, management and other employees without proper public notice and without reporting to the public the results of their closed-door meeting.

The lawsuit was filed on behalf of James Reardon, father of two former CUSD students and longtime supporter of reform in CUSD. According to Reardon, "When it comes to a decision to spend $8 million of public money, the Trustees have an obligation to reach their decision in public. This is not a contract negotiation that could have been conducted privately. Instead, it is a major economic decision made at a time when CUSD faces a huge budget deficit, has depleted financial reserves and faces further loss of funding this year”.

Reardon stated that when presented with the facts, the Trustees denied acting improperly. Instead Reardon said, “They held a sham meeting to reaffirm their earlier, still undocumented, decision. They never bothered to consider whether the additional money being paid to teachers and employees this year actually exists". According to CUSD documentation, the District will have to cut approximately $13 million in the current, 2010-2011 school year and an additional $12 million in the 2011-2012 school year.

Reardon said the decision to file the suit was not taken lightly. “Litigation can be costly” he said. “But the taxpayers and students in CUSD deserve oversight and protection of their scarce education dollars. These newly elected Trustees couldn’t even get past their first Board meeting without trampling the law to spend $8 million that they can ill afford. All we’re asking is that they take credit for their decision in public,” said Reardon.

Reardon’s attorney, Wayne Tate, Esq. of Ostendorf, Tate, Barnett & Tagtmeyer in Laguna Hills said about the lawsuit, “The Trustees are well aware of the laws dictating transparent governance. We gave them every opportunity to resolve the violations without litigation, but they refused to acknowledge any violation, much less correct their violations, leaving litigation as the only option."

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His lawsuit asks a judge block the district's decisions to restore pay and furlough days. As stated in the release, Reardon's a political supporter of Trustees Ellen Addonizio and Sue Palazzo ... 

Here's a copy:  Download File stampted copy of Verified Complaint-Petition for Dec. Relief, etc.

 

Comments

[Not so Fast]

Doesn't this guy get it? If the District didn't restore the salaries and work days, they would be in breach of the contract that they agreed to last year. Why does this man with no life think a big public discussion mandatory to do what they are legally bound to do. Further, doesn't this guy get that with the new budget dilemma, that same contract in being re-negotiated right now and the teachers' salaries will be decreased again and the furlough days restored for next year. Additionally, if he gave a rat's behind about the District, he wouldn't be the cause of more District (i.e. tax payers')money being wasted on lawyers.Finally, if he gave flying flock about the educations of the children in the CUSD communities, he'd give this District the time it needs to heal from those years of BS strife. This man needs to get a life and quickly.

[shelly]

Investigation is hard work. Litigation transfers the hardwork to lawyers for money which will come out of our children's classrooms.

Reardon appears not willing to investigate but he is willing to litigate.

[Public School Supporter]

Will somebody please sue Reardon for something? He needs to learn a lesson and pay for his law suits with his own money. Do you really think he is paying Wayne Tate?

[Wondering...]

Just curious, but what is the law on this? If this guy sues and eventually loses, can the district countersue for litigation costs? Just curious how this works. Maybe an attorney can come in with some unemotional analysis. Otherwise, it seems to me that this Rearson/Beall/Ed Alliance group will just keep suing no matter what whenever they don't get their way.

[ReallyNowJim]

F R I V O L O U S lawsuit from a man (?) desperate for attention who is lacking meaning in his life. Tate is a bully who hangs out with bullies - the Bealls. These people call themselves conservatives but they abuse CEQA and the Brown Act to pursue FRIVOLOUS lawsuits to achieve their political end game. Despicable.

[Let's be honest]

Reardon owes CUSD hundreds of thousands of dollars. His "settlement" was a sham to use his words. He is a bitter man and he owes CUSD and our kids a lot of money. To avoid that reality he sues to deflect attention away from his theft.

[Call Vector Control!!!]

Let's be honest...he sues to ADD to his theft.
So what if people spit on the ground when they see him.
Maybe he's just wired that way and stealing an education from children gives him a thrill.

[Public School Supporter]

It is unlikely that CUSD can recover litigation costs, even if CUSD prevails in this lawsuit. Judges are very reluctant to grant the recovery of the litigation costs to a government agency (CUSD) when sued by an individual (Reardon). Many judges believe that such a decision chills individuals from suing the government.

Just wondering, how many lawsuits has Reardon participated in against CUSD and what has the cost been to CUSD. Anybody have an idea.

[Concerned Citizen]

At the board meeting specifically called into session to revote in PUBLIC, Reardon was the ONLY person who spoke out against the restoration of salaries and furlough days. The vote is a question of when to reinstate not whether to reinstate. The board is obligated by contract to reinstate furlough days and salaries should funds get reinstated. This contract is what brought teachers off the picket line back into the classrooms. Teachers aren't getting what is not there! These two guys (among others) NEVER wanted teachers to have what is rightful, so now breeching the contract is what is really being demanded! These guys firmly believe teachers don't deserve public education dollars while they educate the public. Yet, they do believe they deserve to take education dollars to fill their personal bank accounts!!

How is it possible that these two men (among others) can create so much wrong-doing against the common good and get wealthy doing it?

[Welcome Back Kotter]

Here we go again. Reardon throws around numbers like $8M and gives no clue as to what that was "spent" on. He is wrong but this is what the OCR reports! Where is the LA Times when we need them?