Queen Nancy's premature pronouncement

     Queen Nancy [Padberg], President of the SOCCCD board of trustees (and opponent of "heathens"), has put out a press release re the “Westphal v. Wagner” Prayer lawsuit. Here it is in its entirety:

Court Upholds Constitutionality of Invocations at South Orange County Community College Events

    Gary L. Poertner, Chancellor, and Nancy Padberg, Board President of the South Orange County Community College District, wish to apprise the college community of recent developments in the Westphal v. Wagner lawsuit as communicated by the District’s counsel, John A. Vogt, from the firm Jones Day in the following summary:
    Westphal v. Wagner is a federal lawsuit that was filed in United States District Court for the Central District of California in November 2009. The plaintiffs in the case are professors from Saddleback and Irvine Valley College [among others]. In the lawsuit, the plaintiffs contend that the Trustees, Chancellor, and President of Saddleback College have violated the Establishment Clause of the United States Constitution by including a non-sectarian invocation at Saddleback College graduation and scholarship ceremonies, as well as at bi-annual Chancellor’s Opening Sessions.

The board should not "placate those heathens," wrote* Nancy

    The plaintiffs previously moved the District Court for a preliminary injunction over such speech. The Court denied that motion. The District then filed a motion for summary judgment, based upon uncontroverted evidence, to dismiss the case as a matter of law. On January 28, 2011, the District Court granted the District’s motion on plaintiffs’ challenge to the constitutionality of the invocations, and found that such speech, in this context, does not violate the First Amendment to the United States Constitution.
    The District Court’s decision is now the third federal court case upholding the constitutionality of invocations before public college and university events, falling in line with the opinion of the Sixth Circuit in Chaudhuri v. State of Tennessee, 130 F.3d 232 (6th Cir. 1997) (which upheld the constitutionality of invocations at Tennessee State) and the opinion of the Seventh Circuit in Tanford v. Brand, 104 F.3d 982 (7th Cir. 1997) (which upheld the constitutionality of invocations at Indiana University).

* * *

    The Trustees, Chancellor, and Saddleback College President are pleased with this outcome. They consistently have maintained that the practice of including a brief, non-sectarian ceremonial invocation at significant District and college events—a tradition that traces its roots to the first graduation ceremony at Saddleback College over 40 years ago—is well-grounded in Establishment Clause jurisprudence, as well as our nation’s rich history and culture. Like the invocation given at the annual Army-Navy football game or our presidential inaugurations, the invocations that have been given at district and college events are not used to proselytize or advance one (or any) religion, but instead, to bring about a dignity, solemnity, and gravitas to these important ceremonial events.

Nancy has some interesting views. (Click on graphic to enlarge.)

     There's nothing new here. We reported these developments several days ago: recent developments in the prayer lawsuit. (Please note what Nancy's press release neglects to mention.)
     I stand by what I reported then:

     Today, Judge Klausner issued a substantive ruling according to which (1) the Board’s generic invocations have a permissible purpose and effect; (2) we plaintiffs are entitled to a declaratory judgment that Mathur’s Fall 2009 “Jesus” video and Wagner’s 2008 scholarship ceremony rant were unconstitutional; (3) the Defendants will be ordered to comply with their policy regarding invocations (i.e., they can’t be sectarian, hostile, etc.).
     Next come proposed judgments (by plaintiffs and defendants) and a settlement conference (with another judge).
     Really, lots of things could happen. Don't read too much into this.

     In fact, a settlement hearing is scheduled for the 17th. It has not been cancelled. Now, why do you suppose Nancy and crew will be attending this hearing? 'Cause they've won and it's over?
     It's not over.

*I don't think I've ever been referred to as a "heathen" before. (Click on graphic to enlarge.)

The flight of the Williams

     JOHN WILLIAMS' PORCH FLIGHT. After Kimberly Edd’s disturbing Jan. 20 article about Public Administrator/Guardian John Williams, one of John’s former colleagues wrote a peevish letter to the Reg, complaining that Edd’s story was sensationalistic: "Exposes should focus on facts not on sensationalism."
     At one point, Mr. Peevish writes:

…Edds … tells us Williams took a medical retirement from the Marshal’s Office. Does this further our idea that Williams … has county connections? Of course, if Edds knew of the medical retirement, then she also knew that he suffered the qualifying injuries by being completely blown off the porch of a South County home by a house-leveling explosion from a suicidal individual. …[N]one of this filler material is germane to the important and factual aspects of the Register article.

     Yeah, whatever.
     Does anyone know about this porch incident? Was Williams really “blown off” a porch by an explosion?
     I did some looking, and I can find nothing about this. I even searched through the OC Reg archives, and I actually bought an old (1992) article that looked like it might have the desired info. But nothin’ doin’.
     Does anybody know just what happened to Williams that led to his retirement?

This is gonna hurt, but that's OK, 'cause of that big fat pension.

     WILLIAMS ♥ CARONA. Here’s a factoid for you: from 1988 until 1998, the O.C. Marshal was—you guessed it!—Michael Carona. (The Marshal was appointed by judges.) In 1998, Carona was elected OC Sheriff. Soon thereafter, the Marshal's Dept. was collapsed with the Sheriff's Dept.
     And so Bailiff Boy and Carona are pals. They go way back.

     THE P.A.'S COLORFUL HISTORY. Another curious factoid: I ran across an old article about William A. Baker, Williams' much respected predecessor. At one point, the article notes this bit of fascinating history:

Few voters know of the public administrator's office. That has not always been the case: About 30 years ago [i.e., the mid-60s] Orange County's public administrator was convicted of embezzlement and sent to prison. It's a position requiring someone who can be trusted to work in the people's interest out of the limelight.

     Later on, I’ll try to dig up that 60s story.

     ENDORSEMENTS MATTER, I GUESS. When Williams ran for Public Administrator in 2002, he was opposed by Vicki Landrus, then the assistant public administrator. She received the endorsement of the respected William Baker, her boss.
     But that didn’t matter. Williams had the endorsement of his old pal Mike Carona, "America's Sheriff."

In my mind, Williams was Rocket Man, if only for a second.

     NANCY AND THE PA/PG. Back in 2004, the LA Times noted the apparent conflict of interest entailed by Nancy Padberg's role as Williams' chief of staff (2 Trustees' Job Status Is an Issue). Naturally, the experts said, well yeah, it doesn't look good. Meanwhile, two of Williams' Republican pals on the board—Wagner and Fuentes—insisted that everything was cool.
     "Honest to God," said Wagner, "I've seen nothing to see there is a problem."

     A few years later, Williams suddenly fired Padberg. She was hopping mad. And she stayed that way. Ever since, during board meetings, Padberg has made a point of opposing whatever Williams is in favor of. Evidently, Fuentes was somehow implicated in her firing, and so Fuentes, too, has received Padberg's "insta-contra" treatment.
     Lovely, isn't it?

     P.S.: I came across an old post in which I reported that, back in 2002 when Williams first ran for Public Administrator, he was endorsed by the Faculty Association! That's right. That would have been the post-corruption FA. Sheesh. No doubt I complained about it at the time, but to no avail. I may even have quit the union for a while--until Brenda hounded me until I gave in and rejoined. How come our union is so often so freakin' clueless?

More on Williams!

• Supervisors Considering Ouster of Another High-Level County Official (Voice of OC)

…Several sources briefed on the attorney's report -- which looked at how well Williams handled liquidating large estates with probate issues -- said it painted a picture of his office as "incompetent."

Among the cases highlighted by the attorney, according to those briefed, is Williams' steering of a land sale to a Newport Beach auction company, LFC, that has ties to former Orange County GOP Chairman Tom Fuentes….

• County CEO Seeks Overhaul, Oversight of Public Administrator/Public Guardian John Williams' Office (Navel Gazing; OC Weekly)

...For now, Mauk seeks a manager to oversee Williams. Three of the five county supervisors must buy in, and there is the rub: The Republican-dominated board clinks glasses with powerful GOP allies of Williams. These include District Attorney Tony Rackauckas' fiance, Peggi Buff, who is a high-ranking official in Williams' office, and OC GOP chairman emeritus Tom Fuentes, who served alongside Williams for several years on the South Orange County Community College Board of Trustees. Fuentes is still there; Williams resigned in December due to "family obligations."

With the yin of court losses, serious allegations and investigative reporting and yang of entrenched Orange County politics, it will be interesting to see if Williams can survive one more time. Of course, the more things stay the same, the more they never change here.

Moorlach on Williams: "He’s done a good job of schmoozing"

Lacks the "skill set" ~

     YES, HE'S STILL "TOAST." Here's a remarkable update of that recent OC Reg article about former trustee John Williams:

County exec wants changes at public administrator’s office (OC Reg)

     The Public Administrator/Public Guardian needs oversight and a new executive manager to immediately make personnel and policy changes as a result of issues raised by the Orange County grand jury and the county’s own investigation into how the agency does business, the county’s chief executive officer says.
. . .
     Bringing in an executive manager to make changes to a department controlled by both an elected and appointed county official is unprecedented in the county, according to assistant CEO Rob Richardson and deputy CEO Stephen Dunivent. The request by CEO Tom Mauk for the new position also marks the first public acknowledgment that a confidential review of Williams’ performance has raised serious concerns.
. . .
     Three out of the county’s five supervisors must approve creating the new executive manager position, a request which was buried on page 139 of the 184-page second quarter budget report on next Tuesday’s board agenda. The executive manager would report directly to Mauk.
     Mauk, who has fought for years to split the public administrator and public guardian roles, will decide who to bring in to make changes in the office. County supervisors expressed frustration that their requests for change over the past few years have apparently fallen on deaf ears.
     “We do need to change some of the culture there,” said Supervisor Janet Nguyen. “We’ve given Mr. Williams some time to address these issues and he hasn’t….We have to take action to correct those concerns if he’s not going to. At the end of the day we’re responsible for the county.”
     Williams, who has close political ties to Orange County District Attorney Tony Rackauckas and former Orange County Republican Chairman Tom Fuentes, was elected public administrator/public guardian in 2003 after taking medical retirement from the county’s marshal’s office.
. . .
     The county supervisors last year hired an outside law firm to look into Williams’ handling of such cases. The review, which county officials say is protected by attorney-client privilege, still hasn’t been finished. It is unclear whether any details from the report will be publicly disclosed.
     County staff wants the executive manager, if approved, to take immediate action to establish a risk-averse culture, establish new standards for obtaining goods and services, and make personnel adjustments after a human resources audit is done.
. . .
     There are no minimum requirements to hold the position of public administrator/public guardian and combining an elected position with an appointed one leaves the county with few options to take action.
     “With (Sheriff Mike) Carona at least I could say, please resign. I did the same with (Treasurer-Tax Collector Chriss) Street. With Williams it’s really hard,” said board Vice-Chair John Moorlach.
. . .
     “(Williams) has always been a really nice guy. He’s done a good job of schmoozing,” Moorlach said. “He may not have the proper skill set for the job or the ability to select a good assistant to make him a little more successful.”….

Carona? Tom's pal. Street? Tom's pal. Williams? Tom's pal.

The Reg emphasizes the Mathur factor

Tom's pal

Saddleback, Irvine Valley colleges receive accreditation warnings (OC Reg)

     South County's two community colleges have been issued a warning by the commission that accredits them based on unsatisfactory findings from a study conducted last year.
     …The two colleges were evaluated by accreditation teams through visits to each campus last October during routine accrediting studies that happen every six years. The warnings were issued based on information obtained during those visits.
     According to the release, the accrediting commission's primary concerns were with the district's board of trustees….
. . .
     The accrediting study came at a time of controversy and transition at the district, which came under public scrutiny following the early resignation of former SOCCCD chancellor Raghu Mathur last year. Mathur resigned a year before his contract was set to expire, and there was speculation he was forced out by the district's board of trustees.
     Mathur had been criticized for the district's declining enrollment and poor accreditation reports, even receiving three votes of "no confidence" by more than 90 percent of the faculty during his eight-year tenure as chancellor. Interim chancellor Dixie Bullock took over in July until Gary Poertner was appointed as permanent chancellor for the district – around the time of the accreditation team visits….

Accreditation bombshell

     Some have asked for “a little context,” and I’m happy to provide it. 

     A few years ago, Chancellor Raghu P. Mathur and the Board of Trustees—especially trustees Don Wagner and Tom Fuentes, who dominated the anti-intellectualist and right-wing core of the board (John Williams and Dave Lang rounded it out)—approached the accreditation process with contempt for faculty concerns and, at least in the case of Fuentes, with open contempt for accreditors. This produced a harsh ACCJC response that warned that the colleges were in danger of losing their accreditation—should, that is, no progress be made at long last with regard to long-standing issues and recommendations.

     To his credit, trustee Don Wagner took the warning and thus the Accred recommendations seriously, and thus commenced a strong effort, including the direct involvement of trustees Wagner and Lang (on large representative committees), to respond to Accred recommendations in good faith. (Fuentes did not participate and evidently did not experience any change of heart.)

     Ultimately, strong and widely-supported self-study reports were produced and submitted in July/August of 2010—a month or so after the forced exodus of long-time Chancellor Mathur, a source of much of the disquiet and low morale at the colleges and at the district.
     Not long after (in October), the Accreditation Team visits occurred, and they seemed to go well.

     The board election of November 2010 brought the replacement of exiting trustee Don Wagner with the faculty-friendly T.J. Prendergast. In December, long-time trustee John Williams resigned, and he was replaced by (evidently faculty-friendly) Frank Meldau.
     A new Chancellor was hired: the widely respected and liked Gary Poertner. These changes promised a reversal of fortunes for the district. It was about time!

* * *

     In late January, the two colleges received the accreditation results, which essentially warned the colleges that long-standing difficulties concerning especially the board of trustees must finally be addressed. The irony, of course, is that the personalities responsible for these difficulties had either left the district—Mathur, Wagner, and Williams—or were now a distinct and impotent minority (Lang, Fuentes).
     Indeed, the new board direction seems destined to be positive—and very unlike the turn that has brought us all this Sturm und Drang.

* * *

     To see IVC’s letter, go here. Click on the box that says EVALUATION REPORT.
     To see Saddleback College’s letter, go here. Find “reports and letters.” Click on "ACCJC 2010 Accreditation Notification Letter (January 31, 2010)."
     Please remember that this Accred round is based on self-study reports that were submitted in August of 2010, about a month after Raghu Mathur's exodus from the district.
     Below is each letter. Click on graphics to enlarge them.

Irvine Valley College:

Saddleback College letter:

Saddleback College and Irvine Valley College receive warnings

     4:25 - We just received the following from the district:

District to Address Commission’s Recommendations

… South Orange County Community College District (SOCCCD) learned today from the Accrediting Commission for Community and Junior Colleges (ACCJC) that it has acted to issue a warning to the district’s two colleges, Saddleback College and Irvine Valley College (IVC), following accreditation visits in October 2010.
. . .
Warnings from the ACCJC are not uncommon and are provided when an institution has pursued a course deviating from requirements to an extent that gives concern to the Commission. Most institutions find a warning from the Commission to be an uncomfortable but useful stimulus to resolve deficiencies, institute improved practices and increase quality.

Gary Poertner, the new Chancellor of the South Orange County Community College District, commented, “We are proud of the 11 commendations our two colleges received in the reports. However, we have some important work ahead of us to correct the deficiencies. We take the Commission’s recommendations and warning very seriously.”

In the letter dated January 31, 2011, the Commission made the following recommendations for areas requiring improvement:

SOCCCD – Develop strategic plans that are inclusive of the planning at the colleges and that are directly tied to district resource allocation for all entities; develop a communications process among the district entities on key issues of concern; communicate results of the Board of Trustee’s self evaluation process; develop a clearly defined policy for a code of ethics which includes dealing with violations of the Board’s code of ethics; provide clear delineation of functional responsibilities; and assess and communicate decision making processes and effectiveness of services to the colleges. [My emphasis.]

Saddleback College – Work with SOCCCD on its recommendations.

Irvine Valley College – In addition to working with SOCCCD on its recommendations, the Commission also emphasized that: “Although the college and its constituent groups have achieved a collegial working relationship with the current president to address issues with a new optimism, the college does not have this same type of relationship with the district leadership and the Board of Trustees. “ [My emphasis.]

Chancellor Poertner will work with the two college Presidents and district services to establish a joint task force that will address each of these issues carefully and thoroughly. The findings and subsequent warnings were issued based on information obtained during accrediting commission team visits in October 2010. It is important to note that since that time, several significant leadership transitions have taken place, including a new Chancellor, several new Trustees and the establishment of a new board leadership.

“We are committed to resolving the Commission’s recommendations so our colleges can become accredited without sanctions,” Poertner stressed. “It is imperative that the colleges and district work together to collectively correct any deficiencies and strive for continual self-improvement on behalf of our students. This is both a challenge and an opportunity.”

Both colleges must prepare a progress report to the Commission by October 15, 2011. Additional information about the colleges’ accreditations can be found on the college websites at here and here.