An Orange County judge has ruled that Capistrano Unified's school board violated the state's open-meeting laws in August 2008 when it held a closed-door evaluation of its then-superintendent, the fifth time the governing body had been reprimanded in the past three years for Brown Act violations.About a dozen years ago, the SOCCCD board engaged in "persistent and defiant" misconduct re the Brown Act--the anti-secrecy in government law. Or so said the judge.
Superior Court Judge David McEachen ... said last week that CUSD did not properly prepare the agenda for the closed-door meeting and thus failed to inform the public that it was holding a discussion about whether to put then-Superintendent A. Woodrow Carter on paid administrative leave. The agenda referred only to a "performance evaluation," not disciplinary action.
. . .
McEachen also ruled that trustees should have provided notice they were bringing in a non-district employee for the evaluation session – school-law attorney Spencer Covert – who served as a one-time, pro-bono consultant during the meeting.
Capistrano Unified's school board has been sternly reprimanded five times for repeated Brown Act violations, the first four by the Orange County District Attorney's Office.
The board was reconstituted entirely between the first four violations and the most recent one, with the new "reform" trustees pledging a new era of accountability and transparency.
. . .
Trustee Mike Winsten stressed that the most recent Brown Act violation was not of the same magnitude as in the past, when the D.A.'s office issued four consecutive stinging reports, the last of which said some former trustees had exhibited "disturbing disdain, if not outright contempt" for constituents when meeting behind closed doors. (Continued)
Their lawyer? That would be CUSD's attorney: Spencer Covert.
CUSD's attorney these days? Phil Greer. Yep. Mathur and Williams' recent advocate.
BTW: The Capo district's current board is dominated by trustees affiliated with Education Alliance. Our own Don Wagner sits on EA's board.