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EDUCATION AND
CULTURE WARS
Capistrano Unified School District
May 19, 2009 teachers union CUEA letter to board re hiring of
Keenan and Associates as insurance carrier
The Capistrano
Dispatch

"The Capistrano Unified School
District board of trustees approved
the contract for Superintendent A.
Woodrow Carter on June 2, but not
before three trustees walked out in
protest.

"The contract passed 4-0 after
trustees Ellen Addonizio, Larry
Christensen and Anna Bryson left.

"... the board voted to
rescind the contract it had
approved February 25,
based on legal counsel from
Mark Bresee of the Orange
County Department of
Education.

"The rescinded contract had
garnered controversy after
claims that a “golden
parachute” was later
inserted without board
approval, violating the
Brown Act.

[Maura Larkins' note:  It looks
like Mark Bresee is taking
lessons from San Diego's
Homero Suarez, who changed
his own contract.  The
GCCCD
board approved, and offered
Suarez indemnification for any
wrongdoing past or future.]

"...Though Carter signed the
contract, he is not accepting the
full amount of $273,000 annually...
he would be back-paid if and when
he decides to accept the
contracted amount..."

[More about Capistrano School
District]
CUSD Superintendent
Accepts Pay
By Lacey Nadeau
San Clemente Times
Jun  6, 2008

“What matters is what you
do tonight to correct and
address all of that,”
Bresee told the board..."


"...The approval of the new
contract, which does not
include the above phrase,
passed June 2 with only four
votes, as trustees Ellen
Addonizio, Larry Christensen
and Anna Bryson walked out
of the meeting.

Christensen excused himself
after saying he wasn’t
comfortable voting and feared
the board was in violation of
the Brown Act.

Addonizio expressed
frustration that the contract
the trustees rescinded wasn’t
the contract with the
controversial phrase...
Prosecutors: Capistrano
school board violated
state law

The board broke
open-meeting laws when
it gave its
superintendent a raise
at a closed meeting, but
it won't be subjected to
litigation because the
district is in financial
turmoil.

Los Angeles Times
By Stuart Pfeifer
September 11, 2008

The Capistrano Unified
School District board
violated state law by
awarding a pay raise to its
superintendent at a
meeting closed to the
public, the Orange County
district attorney's office has
concluded.

The vote earlier this year
on the pay raise marked
the latest in a series of
alleged violations of
California's open-meeting
laws by the Capistrano
school district board of
trustees, according to the
district attorney's report,
which was made public
Tuesday.

Prosecutors in the Sept. 2
report said they would not
pursue sanctions against
the beleaguered district
because the board later
rescinded the pay raise and
because the district is
having financial difficulties.

At its Feb. 25 meeting, trustees met in closed session and voted to award a
$58,000 pay raise to Superintendent A. Woodrow Carter and then failed to
disclose their decision in a public meeting, according to a letter to the district
signed by William J. Feccia, a senior assistant district attorney.

In addition, Carter signed a contract that provided him with $400,000 in
severance pay if the board fired him, even though the board did not discuss
such a benefit, Feccia concluded. Rather, the severance clause "appeared" on
the contract without the board's approval, Feccia said in the letter.

Capistrano schools trustees rescinded Carter's pay raise June 2 after a public
outcry about the manner in which it was awarded.

In its investigation of the pay raise, prosecutors listened to a recording of the
closed-door Feb. 25 meeting. The recordings revealed "a disturbing disdain, if
not outright contempt, on the part of some members of the [board] for public
opinion and their own constituents," Feccia wrote.

Two of the board members who voted to award the pay raise were recalled
from office June 24 and replaced by trustees who pledged to follow
open-meeting laws.

Before that recall, the district attorney's office had "seriously considered"
initiating legal proceedings against the board, Feccia wrote. Prosecutors
decided not to do that because the litigation would create a financial burden
for the district at a time of financial turmoil and because a new majority on the
board has promised to follow open-meeting laws.

stuart.pfeifer@latimes.com
Video regarding
Capistrano USD
See all blog posts re CUSD.