District Attorney Says No Brown Action Violations at Capo Unified, but Calls Atmosphere 'Toxic'

The District Attorney's Office has issued a report that clears Capistrano Unified School District is innocent of any Brown Act violations during the saga of restoring some of the cuts made to teachers' contracts last year.

The DA earlier issued a report saying there was a violation, but Capistrano Unified officials protested, and the DA's Office agreed to reconsider. This time, after interviewing all of the trustees, the DA says some things might have looked like violations of the state's public meeting law, but actually weren't.

The 26-page report painstakingly, and in some cases painfully, goes over the meetings, discussions and debates leading up to the restoration, through the public meeting held after the restoration to reaffirm the decision.

The report says two trustees -- presumably Ellen Addonizio and Sue Palazzo -- complained to the DA about the potential Brown Act violations, as did a resident. That would have been Jim Reardon, who sued the district over the issue but ultimately dropped it when the case was gutted by a judge.

While saying there were no violations, the DA doesn't go so far as to say all is well in CUSD. The report notes trustees could still use additional Brown Act training, and that closed sessions should be recorded.

And then there's this:

"The Superintendent feared that a public discussion of the restoration of hte furlough days and pay cuts would potentially intimidate the new Board into reneging on the contract, resulting more labor strife. There was a desire to avoid such contention and to restore calm in the wake of last year's labor dispute and the charged political atmosphere of the recall.

"While such feelings are certainly understandable, it bears noting that democracy, with limited exception, does not contemplate elected officials making decisions behind closed doors to avoid public paritcipation with its potential for loud opposition. It may be natural human nature to wish to avoid such unpleasantness, but democratically elected governments demand public officials of sterner stuff."

It gets stronger on page 25:

"The OCDA's investigation also revealed what can be described as a seemingly toxic atmosphere within the halls of CUSD. Evidence revealed examples of condescension or disdain for other Board  members or dissenting members of the public. Meaninful discussion was replaced by facetious motions and political theater. Accusations and recriminations were repeatedly recounted. The motivations of colleagues and others were questioned or impugned. While mutual recriminations and concerns for contractional obligations, professional positions, political agendas, and labor peace were expressed, one was left with the impression that the very object of the entire organization, the education of the community's children, had been allowed to fade into the background. The public has a right to expect that those charged with educating their children lay aside their personal animosities and agendas to focus on the true purpose of the positions they occupy.

The report goes on to talk about trustees who didn't want their statement taped, who wouldn't be interviewed in front of CUSD attorneys, etc.

Here's the entire report:

Download Final DA Letter on CUSD

Comments

[Reality Check]

The fact that the old board hired a labor negotiator who is "aligned against the union" is proof of their agenda. A school board that works against its teachers cannot work for its students. Ellen and Sue need some interest-based bargaining training.

[Nothing but the Truth]

The p.25 quotes describe the last board perfectly.

[RegisterReader]

This is proof positive that the DA is in the pocket of the teachers' union. NO DOUBT!

[jollygirl]

Ironic that the DA, who generated most of the poison over the last few years along with his cronies, would now call the atmosphere toxic. I would say that if Ellen and Sue would first attempt to work with their colleagues when they disagree rather than call their lawyer and then walk out of the room the atmosphere might be more positive.

That seems to be happening now that the witch hunt has produced no results so one can only hope.

[Moving on]

It's all really gross. It's a microcosm of what's happening in the country right now. Politically, things could not be worse. Ideologies run amuck. I mostly blame right wing activism and the unions unwillingness to adjust itself. Mostly right wing political upstarts though. Things seem to be getting better. Hmmm...What's gone now Lol

[Siriusly]

The DA is a laughingstock. Disdain? Oh my, what law does that violate? The First Amendment? Good golly, doesn't the DA support the First Amendment.

Hey Ellen, why DID you direct staff (with no superintendent) to stop recording closed session? Oh yes - because the tapes contained evidence that you and Larry lied like dogs to the OCRegister. Oh, the irony!