Case Title: GROSSMONT
CUYAMACA COMMUNITY COLLEGE
DISTRICT VS IN THE MATTER OF
Case Number: GIE036308 Case
Location: East County
Case Type: Civil Date Filed:
02/05/2007
Category: CU-PTO Petitions - Other
Plaintiff/Petitioner
GROSSMONT CUYAMACA
COMMUNITY COLLEGE DISTRICT
Defendant/Respondent
IN THE MATTER OF P
CUYAMACA COMMUNITY COLLEGE
DISTRICT VS IN THE MATTER OF
Case Number: GIE036308 Case
Location: East County
Case Type: Civil Date Filed:
02/05/2007
Category: CU-PTO Petitions - Other
Plaintiff/Petitioner
GROSSMONT CUYAMACA
COMMUNITY COLLEGE DISTRICT
Defendant/Respondent
IN THE MATTER OF P
| Grossmont-Cuyamaca Community College District |
| Stutz law firm, which represents GCCCD, has been waging a bitter campaign to silence dissent regarding its practices on behalf of school district officials (including a lawsuit against this website). As an apparent result, Rick Walker's website*has been shut down. Here are some articles about this case. 1. San Diego Reader March 2, 2006 2. Letter in San Diego Reader March 16, 2006 3. San Diego Union Tribune Dec. 17, 2005 There are also several other lawsuits either already in progress or still in the pipeline. The most recent example of Stutz Artiano lawyers' "creativity" - Jack Sleeth helping the current GCCCD Chancellor Omero Suarez get away with unilaterally altering his own contract to ensure extra $100,000 payoff in case of termination is here. [The previous link was mysteriously removed from the Union Tribune in early March 2007. It originally appeared in the body of the Feb. 24 article linked here.] And here's now "independent" their investigator actually was. |
| September 10, 2007 The attorney general of California has issued an opinion in Rick Walker's favor. See Rick Walker press release. |
| Board wanted to stop him from speaking |
| Lawyer Jack Sleeth created a bogus legal opinion exactly as GCCCD asked him to do--but now the board is rethinking its actions Jack Sleeth, of Stutz, Artiano, Shinoff & Holtz, was hired to give corrupt Grossmont Cuyamaca officials what they wanted, even if what they wanted was wrong. Columbia Law School Professor William Simon wrote about the shameful practices of this type of lawyer in the Stanford Law Review. Rick Walker has succeeded in making them at least go through the motions of reevaluating their actions in the light of a California Attorney General legal opinion that contradicts the high-priced baloney that Stutz law firm churns out. If GCCCD board members stay true to form, the "reexamination" will result in no action at all. What they should do, of course, is pay damages to Rick Walker for wrongfully harming him. Especially when they harmed the college by punishing a student trustee for bringing up issues that needed to be addressed for the good of the college. Leonel Sanchez is doing a great job covering the story for the San Diego Union Tribune. Here's his September 19, 2007 report: "The Grossmont-Cuyamaca Community College District will again review the issue of whether a student trustee can serve on the district's governing board while holding a job in the district. "The last time the district looked at the conflict-of-interest issue, it led to the firing of former Grossmont College student trustee Rick Walker, who was let go from his job as a Web analyst in December 2005. "Walker, speaking to the board last night, repeated his claim that he was unjustly fired... "District officials said Walker was fired after district lawyer Jack Sleeth reviewed state education code and concluded that student trustees should not be allowed to be district employees... "“You will ultimately find out what the law is if somebody will bring some litigation on this,” Sleeth said. "Walker has threatened to take legal action. State Sen. Christine Kehoe, D- San Diego, requested the legal opinion from the Attorney General's Office at his request. "Trustee Bill Garrett said he found the attorney general's opinion “persuasive” and proposed changing the district's policy to reflect that opinion. No action was taken on his proposal..." |
| STATE OF CALIFORNIA DECISION OF THE PUBLIC EMPLOYMENT RELATIONS BOARD |
) Case No. LA-CE-3727
) PERB Decision No. 1209
) June 23, 1997
)
)
)
)
)
)
)
)
)
)
) PERB Decision No. 1209
) June 23, 1997
)
)
)
)
)
)
)
)
)
)
| * Rick Walker's website was shut down in 2007, shortly after this website was sued for defamation by Jack Sleeth's law firm Stutz, Artiano Shinoff & Holtz. It seems that intimidation tactics are stronger than our justice system. |
| Rick Walker and GCCCD trustees |
| Attorney Jack Sleeth |
| College district chancellor to retire Administrator was at odds with faculties By Leonel Sanchez SAN DIEGO UNION-TRIBUNE March 27, 2008 Omero Suarez, Grossmont- Cuyamaca Community College District's controversial chancellor, will voluntarily step down next year with one year remaining on his contract. Contract and resignation agreement Suarez, 61, has issued a statement announcing his retirement and listing his accomplishments but providing no reason for his retirement. He did not return calls for comment Monday or Tuesday. Suarez's pending retirement was met with mixed reaction at the district's two colleges. “He did some great things and there's been some disappointing aspects as well,” said Pat Setzer, a faculty leader at Cuyamaca College. Suarez, who made $191,803 last year, will get no severance package with his retirement beyond typical state retirement benefits. Under his agreement with the board, he will stay on as the chancellor until Feb. 28 and as a consultant until June 30. Suarez was hired in 1999 and in 2002 led the passage of a bond measure that helped construct new buildings. But in 2006 he was roundly criticized for having a buyout clause removed from his contract without board approval. Suarez disclosed his plans to retire at the governing board's meeting last week with district lawyers present. Grossmont College faculty member Michael Golden said Suarez can't leave soon enough. “We'll look back at this chancellor's legacy as one of the worst periods in the history of this college,” he said. The high point of his career at the district was the 2002 passage of Proposition R, the $207 million bond measure has helped finance the construction of new buildings and other projects at the two colleges. He also led a call for additional state dollars for the most under- funded community colleges in California, including Grossmont and Cuyamaca. His relationship with faculty leaders at Grossmont College and the district's faculty union had become strained. Faculty members are protesting stalled labor negotiations by refusing to volunteer on committees and other activities not included in their contracts. The district must also cut $1.3 million from the current budget because of a statewide reduction in funding for community colleges. Suarez's reputation suffered in late 2006 after he admitted under pressure that he ordered members of his staff to delete the buyout clause from his contract without board approval. The clause called for up to 12 months of severance pay if Suarez was released from his contract. State law now allows up to 18 months of severance, fueling speculation that Suarez wanted to ensure an additional six months of pay in case a new board was elected and decided to let him go. Suarez said he ordered the clause re-inserted after he realized he hadn't followed proper procedure. Board President Bill Garrett said the board “did not feel it had any grounds” to discipline Suarez over the handling of his contract but noted during an interview this week that relations between the board and the chancellor have not been the same since then. “He lost the confidence of a variety of board members when that happened,” he said. Still, Garrett praised Suarez for his accomplishments and stressed that he was not asked to leave. He will not receive severance pay because he is leaving voluntarily. He has agreed to step down as early as January if a new chancellor is named by then, according to the agreement. Among the other clauses in the resignation agreement, the district's board president will provide a letter of reference at Suarez's request that will reflect his “positive work record” and not contain any “negative or derogatory comments.” The board voted 4-1 to accept Suarez's resignation and the terms of his departure. Trustee Tim Caruthers, Suarez's chief critic on the board, voted no but declined to explain his decision. Caruthers revealed details of the contract controversy at a board meeting in 2006 and had called for Suarez to resign. Garrett said Suarez had been discussing his retirement with the board for a few months. “I think he had decided that he wanted to retire prior to his time,” he said. |
| SAN DIEGO EDUCATION REPORT |
| mauralarkins.com |
 |
 |
 |
 |
 |
 |
 |
 |
 |
 |
| Rick Walker is a former student trustee of Grossmont-Cuyamaca, veteran and single father. Rick lost his job at the college after GCCCD board members asked Stutz Artiano Shinoff & Holtz lawyer Jack Sleeth to provide them with a legal justification for his firing despite existing precedents to the contrary. Rick worked hard to bring the rule of law to GCCCD, and had some big successes, including this decision by the CA attorney general: |
 |
 |
 |
| Team that pulled off the Victoria Richart deal at MiraCosta College helps Omero Suarez at GCCCD |
UNITED FACULTY OF
GROSSMONT-CUYAMACA
COMMUNITY COLLEGE DISTRICT,
Charging Party,
v.
GROSSMONT-CUYAMACA
COMMUNITY
COLLEGE DISTRICT,
Respondent.
GROSSMONT-CUYAMACA
COMMUNITY COLLEGE DISTRICT,
Charging Party,
v.
GROSSMONT-CUYAMACA
COMMUNITY
COLLEGE DISTRICT,
Respondent.
| Posts on Weblog of San Diego Union Tribune March 6, 2008 Grossmont-Cuyamaca: State probe still not wrapped up Looks like there won't be any quick resolution of the state's investigation of the shenanigans at Grossmont-Cuyamaca Community College District that were brought to light by a whistleblower. I asked Ralph Black, assistant general counsel at California Community Colleges System Office, if a final report had been issued. No, we have not done so yet. We have had some key staff leave and, due to the state budget problems, haven't been able to fill vacant positions. In addition, one key staff person who's been working on this case has had some health issues and hasn't been able to devote much time to this case. I can't wait to read the report. The draft report -- look at it here--sure raised fundamental questions about Grossmont-Cuyamaca's leadership. Here's key detail not in the report: Just what was the community college district wrongly reimbursed for by the state? Hundreds of thousands of dollars for providing educational classes at facilities for seniors -- and the "classes" amounted to such unfocused frivolousness as the "instructor" playing a piano for the seniors. The GCCCD bosses who approved this scam should be fired, and promptly. Of course that won't happen. In a district where the superintendent can surreptitiously rewrite his own contract without getting in trouble with a see-no-evil board majority, nothing short of armed robbery has any consequences. Posted by Chris Reed at March 6, 2008 Comments ...My simple question is this: Why isn't the Grossmont Cuyamaca College Board of Trustees UNANIMOUSLY VOTING TO FIRE Omero Suarez? What will it take? 1. We have the top highly paid GCCCD CEO, OMERO SUAREZ, WHO alters HIS CONTRACT without board approval (violating the law) , YET THE GCCCD BOARD LOOKS THE OTHER Way and MAKES EXCUSES and rationalizations for his behavior by the same lawyers that are dealing with MiraCosta's mess, 2. We have had the FBI asking questions of the contract changes, the Grand Jury investigation that is ongoing OF GCCCD, and the San Diego District Attorney involved looking into the list of problems within the district, 3. We have had an ongoing NONCREDIT investigation (for nearly three years) by the State Chancellor's office in Sacramento citing GCCCCD for approximately over $340,000 to be paid back due to bogus Rest Home/retirement home (Cuyamaca's) "college courses" funneling millions of dollars into Cuymaca's budget despite Omero's public denial of any such investigation ---and the GCCCD board responding with their heads in the clouds, 4. We have numerous employees that are agressively looking for other jobs at other colleges or in the private sector to flee the hostile working environment (retaliation and firings of employees) 5. We have a history of Omero continuing to give special favors (and bonuses and extended contracts/inlcuding interim back door contracts for select positions) to employees who support him, 5. We have all GCCCD employee groups that would be happy to see this "leadership' end due to the ongoing problems with negotiations and game playing (decieve deny delay tactics) by Ben Lastimado, 6.. Under Omero's reign, GCCCD now has a track record over the years of such poor FISCAL MANAGEMENT, that GCCCD is claiming they cannot afford to pay their emloyees COLA, 7. We have a vote of no confidence against Omero by the Academic Senate due to the years of miscommmunications and conflicts under his reign with the faculty, 8 We have hundreds of thousands of dollars also during Omero's reign as chancellor, that GCCCD is paying to mounting legal fees and settlements from the countless numerous legal cases filed, 9. We also have GCCCD who is paying millions of ollars each year to building consultants for new buildings despite not one shred of evidence from an objective Projected Enrollment Study to validate Prop R monies that were intended for repair, 10. We have District office personnel that are spending hundreds of dollars each month eating out at the Brigantine and the Fish Merchant and other eateries in addition to purchasing Starbuck's cards and for various travel across the states---ALL PAID BY DISTRICT CREDIT CARDS, 11, We have board members that are involved in ECEDC, DEFCOMM, and other business deals overlapping educational monies with East County business raising eyebrows about the conflict of interest issues,(Rest home/retirement facilties under investigation giving campaign dollars to Weeks, Garret and Alexander) 12. We have the Accredittion Report citing major issues that need to be addressed by the District yet the Board not fully comprehending the high stakes of lost accreditation, don't even understand the issues at stake for the colleges sicne their top CEO fails to communicate key issues to the Board, 13. WE have many students at Grossmont who cannot get their classes due to many faculty choosing to work at other campuses due to the poor hourly pay, (classes are being cancelled due to the inabiity to hire faculty to teach) 14. We have a Board majority and district leadership with Omero at the top, that has supported the construction of new buildings with millions of dollars of taxpayer money to build gargantuan buildings at Cuyamaca college (Alexder's backyard), with not enough students who can fill the rooms ...while students at Grossmont College cannot find parking or enough classes that they need during prime time. All Grossmotnt college employees beginning in 2008/09 will be asked to park off campus.... These are only some of the issues.............. Why would any Board of Trustees continue to let this happen? WHY? Posted by: concerned taxpayer at March 10, 2008 04:09 PM As a former student at Grossmont College, I have had my own personal experience with Chancellor Omero Suarez and the board of Trustees. I once had some respect for what Omero Suarez was trying to accomplish with getting equalization dollars, when equalization dollars finally came and they ran the money through a funding formula that even their own CFO (Austin) admitted was based on flawed assumption, the college that should have received more funding (Grossmont) saw money come into their budget, and then get reduced and the money given to (Cuyamaca) not to create a class that a student from Grossmont could go to but to pay for (Cuyamaca) ridiculously costly Administrative staff. Why? Why does Cuyamaca have to be like Grossmont, it is smaller, even the districts own experts figures show that the college isn't growing not like they predicted and certainly not because they are building all these new buildings over their. The "Build it and they will come" philosoply has failed and only cost the tax payers money, while the college that does serve most of the students in the district suffers. They billed Prop R as "For Repair" yet they ignore the currently old and in much need of repair and renovation buildings while they build buildings that are bigger, but won't have the students to fill those buildings. Sure the Grand Mistress of Spin at the District will claim things like, tax payer association awards, clean audits and the CBOC all who are some what beholden to the district, the CBOC especially has members that are all appointed by the Board, I know I was a member of the CBOC. Then there is the ruthless political activities, the nasty little secrets that the district doesn't like getting out, like the States Investigation, or the Grand Jury Probe. All this is happening yet the district is in Deny, Delay, Deceive mode constantly. They do it because they think they have the citizenary fooled. I was even personally attacked by Chancellor Suarez, when I ran out of things to defend him for, and finally saw that the faculty was right for passing all the votes of no confidence, Omero finally showed his true colors. I recall once, Omero mentioning to me when I came under attack by Crystal Sudano, that I must know what it feels like to be under-fire. My response to Omero was, that the only difference was that I was innoncent and he was guilty. An he has remained Guilty ever since, if there is a scandal in this District you can bet your bottom dollar that Omero Suarez, Rick Alexander, Bill Garrett and the rest have behind the scenes orchestrated everything, everything they do is based on some political motive, everything they say has some political agenda, they don't care one bit, that students can't find a class or that they are running a great district into the ground. Then their is Bill Garrett......what can be said....well since he is worthless as board member it just isn't worth talking about, you show this guy the truth and you would think hey would have a lick of sense to look at the facts and do something. He says, "But I am only one board member" well look at his voting record he usually votes for what ever scam or backdoor deal is on the table. In Wikipedia next to the word Corruption, they should have a picture of everyone of these Board members. Posted by: Student Trustee (Yeah that one) at March 11, 2008 06:37 AM So Omero has decided to retire effective late next year. When the trustees were asked if there was a buy out or a settlement, one said yes while the other said no. One trustee even voted not to accept the retirement. I wonder what kind of shady backroom deal was done this time. The latest on Ben "let's break the union" Lastimado is that he secretly recorded CSEA negotiations after being told that our negotiators did not want to be taped. That is a violation of penal code 632. I hope our union decides to press charges, the district is even refusing to negotiate without the proceedings being taped which is not legal. I pray that the governing board does the right thing and fires Lastimado for breaking the law!!!!!! WHEN WILL IT END Posted by: concerned csea worker March 25, 2008 08:15 PM |
CONTACT: Della Elliott, Public
Information, (619) 644-7690,
della.elliott@gcccd.net
FOR IMMEDIATE RELEASE
July 20, 2004
New human resources
administrator
to join East County
community college district
EL CAJON – Dr. Ben Lastimado,
a former college administrator in
the state of Washington, is the
new vice chancellor of human
resources for the Grossmont-
Cuyamaca Community College
District...
http://www.gcccd.edu/news/2004.
Archive/new.HR.admin.joins.gcccd.
07202004.htm
Information, (619) 644-7690,
della.elliott@gcccd.net
FOR IMMEDIATE RELEASE
July 20, 2004
New human resources
administrator
to join East County
community college district
EL CAJON – Dr. Ben Lastimado,
a former college administrator in
the state of Washington, is the
new vice chancellor of human
resources for the Grossmont-
Cuyamaca Community College
District...
http://www.gcccd.edu/news/2004.
Archive/new.HR.admin.joins.gcccd.
07202004.htm
| 2007 GOVERNING BOARD MINUTES OF THE REGULAR MEETING Tuesday, March 20, 2007 The regular meeting of the Governing Board of the Grossmont-Cuyamaca Community College District was held on Tuesday, March 20, 2007, at 4:00 p.m., in the Heritage of the Americas Museum at Cuyamaca College, 900 RanchoSan Diego Drive, El Cajon, California.Members Present: Trustees Alexander, Barr, Caruthers, Garrett, and Weeks; and Student Trustees Ardilla and Keyes Members Absent:None Others Present:Chancellor Suarez, President Perri and Interim President Colli, Vice Chancellor Lastimadoand Interim Vice Chancellor Business Services Sue Rearic, district and college administrators, members of the staff, students, press, and interested citizens. Call to order Board President Alexander called the meeting to order at 4:03 p.m. Public Presentations Public comment was heard from Dee Murdock, California School Employees AssociationSecond Vice President, who presented resolutions of no confidence in Chancellor Omero Suarez and Vice Chancellor Human Resources & Labor Relations Ben Lastimado; BradTiffany, President Administrators’ Association, and Zoe Close, President United Faculty, presented declarations opposing Vice Chancellor Ben Lastimado; and Nancy Asbury, concerned citizen, and Crystal Sudano, Grossmont College student, spoke in support ofChancellor Suarez and Vice Chancellor Lastimado. Adjourn to Closed Session Board President Alexander adjourned the open session at 4:16 p.m. and the Board met in closed session until 6:30 p.m. in the Museum Library, pursuant to Government Code Section 54957.6. The Board reconvened closed session at 8: 57 p.m. Reconvene in Open Session/Announcement of Closed Session Action(s) Open session Board President Alexander reconvened the open session at 6:30 p.m. and announced that no action was taken and that closed session would be reconvened following open session. Board President Alexander reconvened the open session at 11:04 p.m. and announced the following action on March 20, 2007:Closed sessionannouncementsOn motion of Members Caruthers/Barr, with a vote of 1- 4 (Alexander, Barr, Garrett, andWeeks opposed), the board voted not to discipline the Chancellor. Public Presentations Public Comment Public presentations were heard from Rick Walker, concerned citizen, regarding BP 2010-Board Membership. Mary Herman, Grossmont College Multi-Media Tech, Senior, Crystal Sudano, Grossmont College student, Martin DuBord, Cuyamaca College GroundsMaintenance Worker, Senior, Sandy Beasley, Cuyamaca College Learning ResourcesSpecialist, Dave McDade, Grossmont College Financial Aid Assistant, Senior, and Amber Green, Director Employment Services, spoke in support of Chancellor Suarez and Vice Chancellor Lastimado |
| More on Omero Suarez and the one trustee, Timothy Carruthers, who cared about the law "The employee alleges that Vice Chancellor of Human Resources Ben Lastimado directed her to change the chancellor's contract..." FBI's role in college district unclear By Leonel Sanchez SAN DIEGO UNION-TRIBUNE November 7, 2006 A taped phone message sent to thousands of East County homes last week claims the FBI is investigating possible wrongdoing in the Grossmont- Cuyamaca Community College District – yet there's no confirmation such an investigation exists. The message targeting district trustees Rick Alexander, Bill Garrett and Deanna Weeks – all vying to keep their seats in today's election – came from a faculty member who supports their opponents. “The FBI is investigating potential felony crimes committed by our incumbent governing board members and our chancellor for falsifying public records,” Grossmont College faculty member Scott Barr says in the recording. “Yet these incumbent board members are condoning these abuses by not taking action.” Barr is treasurer of Citizens for Educational Responsibility, a political action committee that has targeted the incumbents. His brother, Greg Barr, is one of four challengers backed by the group. Trustee Timothy Caruthers complained to the FBI after learning that district Chancellor Omero Suarez had the buyout clause deleted from his contract, then had it re-inserted when Caruthers asked about it. Weeks signed the altered contract but denies knowing of the change. Scott Barr said yesterday that he based the investigation claim on Caruthers' complaint and on the word of a district employee who said she has spoken with an FBI investigator. The employee alleges that Vice Chancellor of Human Resources Ben Lastimado directed her to change the chancellor's contract. Lastimado did not respond to questions about the employee's allegations. The employee did not want to be identified out of fear of retaliation. A spokeswoman for the FBI said she could not say whether the agency received the complaint or is investigating. A Grossmont-Cuyamaca spokeswoman said the FBI has not contacted Suarez, Lastimado or the three incumbents. |
Memos, Etc. Clover Park Technical
College
Ben Lastimado, Vice President for
Human Resources, has written a book,
"Increasing Your Human Resources
Profession's Value" which is now being
published by ...
College
Ben Lastimado, Vice President for
Human Resources, has written a book,
"Increasing Your Human Resources
Profession's Value" which is now being
published by ...
| Bob Eygenhuysen represents GCCCD at ASSOCIATION OF COMMUNITY COLLEGES JOINT POWERS AUTHORITY (SWACC) CLAIMS & COVERAGE COMMITTEE His fellow attendees on Jan 2006 were: BAY AREA COMMUNITY COLLEGES James Keller BAY AREA COMMUNITY COLLEGE Deanna Walston EL CAMINO COMMUNITY COLLEGE DISTRICT Tom Fallo GROSSMONT-CUYAMACA COMMUNITY Bob Eygenhuysen SAN FRANCISCO COMMUNITY COLLEGE DISTRICT Peter Goldstein VICTOR VALLEY COMMUNITY COLLEGE DISTRICT Lael Willingham Absent:SANTA CLARITA COMMUNITY COLLEGE DISTRICT Sharlene ColealSANTA ROSA COMMUNITY COLLEGE DISTRICT Michael Beebe Manager:KEENAN & ASSOCIATES Graham Grice Steve Moccardini Colleen Bjerknes |
| Bob Eygenhuysen does not want the public to know about the jury that found GCCCD and its counsel, Jack Sleeth, tried to get away with wrongdoing in a case that produced a verdict the week before the October 10, 2005 meeting of the Association of Community Colleges Joint Powers Authority meeting. At the beginning of the meeting, he asked for trial results to be discussed in closed session: "Bob Eygenhuysen requested that Grossmont-Cuyamaca CCD be added under Trial Results in closed session." Here are the minutes. |
| Sleeth confidential letter Feb. 22, 2007 |
| May 2008 San Diego County Grand Jury Report SAN DIEGO COUNTY GRAND JURY 2007— 2008 (filed May 27, 2008) The 2007/2008 San Diego County Grand Jury recommends that the Governing Boards of the Grossmont-Cuyumaca Community College District, the Mira Costa Community College District, the Palomar Community College District, the San Diego Community College District and the Southwestern Community College District: 08-91: Endorse and support the County Educational Ethics Committee for community college districts, as proposed above in this report. 08-92: Formulate a ballot proposal, for approval by voters of the district, to limit terms of Trustees. 08-93: Adopt a Governing Board policy that would limit campaign contributions to a candidate for Trustee, whether to a candidate or to a Political Action Committees (PAC) on behalf of that candidate. 08-94: Adopt a Governing Board Policy that would limit the total amount of campaign contributions a candidate for Trustee could receive to a reasonable amount to be determined by the governing board. 08-95: Adopt a Governing Board Policy that would set standards for staff members from soliciting campaign contributions. The Policy should include a provision prohibiting staff members from soliciting campaign contributions for Governing Board candidates from contractors and other firms doing business with the District. 08-96: Adopt a Governing Board policy that provides disclosure standards for Trustees. The Policy should include a requirement that a Trustee disclose the fact that a bidder on a contract donated to his or her campaign. 08-97: Adopt a Governing Board Policy that would set standards for buy-outs of administrator contracts. The Policy should include a provision limiting administrator contract buyouts to amounts specified in their contracts. No salary or benefits should exceed the 18-month period specified in the State Education Code. No damages or special payments should be granted. 08-98: Endorse a policy to expand the public Governing Board meeting agendas according to the spirit of the Brown Act. For items concerning awards of contracts, approving bids and hiring consultants, the agenda should include amounts of bid and award, scope of work, time period, name and address of contract, and college contact. 08-99: Adopt a district policy that the campus police chief reports directly to the Chancellor or President/Superintendent or an appropriate Vice Chancellor or Vice President. 08-100: Review the qualifications of all sworn campus police officers for compliance with requirements of the California Commission on Peace Officer Standards and Training. (POST) 08-101: Adopt a Governing Board policy for all real property purchases that specifies the data to be listed on the public agenda when the purchase is voted on. This data should include the current assessed valuation and information on amounts of all sales in the last two years for comparison with the amount of the current purchase price. 08-102: Undertake a cost/benefit analysis on the feasibility of employing a Counsel for the District as opposed to contracting for all legal services. 08-103: Direct District Human Resources officers to adopt procedures to avoid the appearance of nepotism and inappropriate supervisory relationships in the hiring process. These procedures should include the identification and screening of applicants who are close friends and relatives of elected Governing Board members and staff. 08-104: Adopt Governing Board Policies regarding the disposition of surplus property. Said Policies should include a requirement that any college surplus property donated to non-profit organizations or sold by means of public auctions and prohibit purchase by college staff/employees or relatives. |
| College district deserves further probe San Diego Union Tribune June 7, 2008 Letters to Editor This is in response to the Union-Tribune article (“Grand jury expected to urge community college ethics panel,” May 26) and the actual San Diego County grand jury report. The report, which recommended that the San Diego County Board of Education create an ethics committee, is an indictment of a system that is broken. While the report did not name specific individuals, I feel specifics are necessary for citizens in the community college district, which was the focus of the investigation. I am familiar with the Grossmont- Cuyamaca Community College District so I will limit my remarks to that district only. I encourage individuals in the other districts to come forth with more specifics so that the public can understand why the grand jury was involved. Quite apparent was the failure of the agencies already tasked with oversight such as the board of education, California Board of Governors and the state Chancellor's Office. The Chancellor's Office was notified of the allegations in the Grossmont-Cuyamaca Community College District more than two years ago. While I agree with all of the recommendations made by the grand jury, I am going to make this prediction. The Grossmont-Cuyamaca Community College District Board of Trustees – Bill Garrett, Deanna Weeks, Rick Alexander, Gregg Barr and Tim Caruthers – will continue to deny, delay and deceive the citizens of East County regardless of what this report states. They won't move to bring forth term limits. The grand jury report needs to be a wake- up call for the residents of East County, and they should start holding this community college board accountable for the outrageous legal costs it has approved and for a chief executive who has been dishonest and whom the board failed to properly discipline. I have no confidence that the Grossmont- Cuyamaca trustees will do anything to become more transparent. In order for reform to occur, every member of the current board needs to be removed from office and a new board elected. RICK WALKER Grossmont Student Trustee 2005 Associated Student Body President 2004- 2005 Citizens Bond Oversight Committee Member |
| Mary Kay Rosinski San Diego Union Tribune Oct 9, 2--8 Leonel Sanchez Rosinski said her experience as a labor leader in the National School District, where she teaches, would be an asset. “I have lots of experience with negotiations,” she said. She's also concerned the district spends too much money on legal fees, including defending the firing of a science teacher at Grossmont College. A Superior Court judge recently reversed the firing. |
| GCCCD faculty fights for fair contract |
| May 30, 2008. Fact Finding-Presentation of Case. Your UF Representatives spent two days (27 & 28 May 2008) presenting our case to the PERB appointee. May 20, 2008. United Faculty Election May 6, 2008. Unity Gatherings Announced Unity. UF is happy and proud to join the Unity Gatherings conceived and hosted by our colleagues at CSEA. See the article on our home page under the teaser 'Unity' for days and times. April 15, 2008. A Final Insult Rejection. Having acted in good faith, and in an effort to move things forward and give the Board a chance to see and consider the UF proposal, we are met with utter rejection. The Board refuses to even acknowledge our effort, let alone agree to the proposal. |
| CTA Loses |
| August 27 , 2007. CTA Loses PERB Denies CTA Petition PERB denies severance petition as filed by CTA. The petition was denied in its entirety. |
| Violation of EERA |
Appearances;
James M. Gattey by Vicki L. Gilbreath, Attorney, for United
Faculty of Grossmont-Cuyamaca Community College
District;
Stephenson, Worley, Garratt, Schwartz, Heidel & Prairie
by Timothy K. Garfield, Attorney, for
Grossmont-Cuyamaca Community College District.
Before Caffrey, Chairman; Johnson and Dyer, Members.
DECISION AND ORDER
CAFFREY, Chairman: On March 24, 1997, the United
Faculty of Grossmont-Cuyamaca Community College
District (United Faculty)filed an appeal of a Public
Employment Relations Board (Board)agent's dismissal of
its unfair practice charge. The chargealleged that the
Grossmont-Cuyamaca Community College District violated
the Educational Employment Relations Act (EERA)1by
providing its administrators and negotiators with a
personal financial incentive to achieve reductions in funds
allocated to employee compensation.On June 13, 1997,
the United Faculty informed the Board thatit wished to
withdraw the unfair practice charge and appeal.
Board concludes that it is consistent with the purposes of
the EERA and in the best interests of the parties to grant
the request. It is hereby ORDERED that the unfair
practice charge in Case No. LA-CE-3727 is DISMISSED
and the appeal is WITHDRAWN.
Members Johnson and Dyer join in this Decision.
The EERA is codified at Government Code section 3540
et seq.
James M. Gattey by Vicki L. Gilbreath, Attorney, for United
Faculty of Grossmont-Cuyamaca Community College
District;
Stephenson, Worley, Garratt, Schwartz, Heidel & Prairie
by Timothy K. Garfield, Attorney, for
Grossmont-Cuyamaca Community College District.
Before Caffrey, Chairman; Johnson and Dyer, Members.
DECISION AND ORDER
CAFFREY, Chairman: On March 24, 1997, the United
Faculty of Grossmont-Cuyamaca Community College
District (United Faculty)filed an appeal of a Public
Employment Relations Board (Board)agent's dismissal of
its unfair practice charge. The chargealleged that the
Grossmont-Cuyamaca Community College District violated
the Educational Employment Relations Act (EERA)1by
providing its administrators and negotiators with a
personal financial incentive to achieve reductions in funds
allocated to employee compensation.On June 13, 1997,
the United Faculty informed the Board thatit wished to
withdraw the unfair practice charge and appeal.
Board concludes that it is consistent with the purposes of
the EERA and in the best interests of the parties to grant
the request. It is hereby ORDERED that the unfair
practice charge in Case No. LA-CE-3727 is DISMISSED
and the appeal is WITHDRAWN.
Members Johnson and Dyer join in this Decision.
The EERA is codified at Government Code section 3540
et seq.
| Legal cases |
| Rick Walker, GCCCD Student Trustee Fired |
| 2008: Appeals court says GCCCD defrauded David Agosto. |
| 2008 election I think I made a mistake; voting for Mary Kay Rosinski |
| I think I should have voted for Timothy Carruthers. I've been thinking: if Mary Kay Rosinski was a reform candidate, why didn't she run against Bill Garrett? It would appear that Rosinski didn't want to criticize board decisions; Garrett is a leader of the board. Rosinski isn't anti-corruption, she's just pro-union. She targeted the one board member who had questioned corrupt actions, trustee Timothy Caruthers, who complained to the FBI after learning that district Chancellor Omero Suarez had the buyout clause deleted from his contract. Suarez re-inserted the buyout clause when Caruthers made inquiries about it. Rosinski has a record of paying union lawyers to cover up wrongdoing in Chula Vista Elementary School District. GCCCD can count on Rosinski to work well with GCCCD's current lawyers; her South County Teachers United lawyers worked with Stutz, Artiano, Shinoff & Holtz in at least one case when Rosinski was a board member. I got fooled by Rosinski when she said she had questions about GCCCD's legal expenditures. I imagine the only question she'll ask Stutz law firm is, "How much do you need to keep this quiet?" See San Diego Union Tribune article about Rosinski's big-money backers. |
| More on Mary Kay Rosinski Unions credited in college board member's win Rosinski defeated 12-year incumbent By Leonel Sanchez UNION-TRIBUNE STAFF WRITER November 22, 2008 EAST COUNTY – Two labor unions helped Grossmont Cuyamaca Community College District's newest board member beat a longtime incumbent, spending more than $188,000 on her campaign. In the Nov. 4 election, Mary Kay Rosinski, a National City special-education teacher who lives in El Cajon, easily defeated Timothy Caruthers, who raised about $20,000. “If you're outspending someone 10-to-1, I don't care how long you've been there,” said Caruthers, a board member since 1996. “You're going to overcome the incumbency name.” United Faculty, which represents faculty members at Grossmont and Cuyamaca colleges, gave $44,000 to Rosinski's campaign, according to campaign contribution forms filed Oct. 18 with the county Registrar of Voters. The American Federation of Teachers guild, which has donated heavily in other San Diego County school board races, spent more than $140,000 in a largely independent campaign to elect Rosinski, according to records filed in September and October with the California secretary of state. The money from the AFT's San Diego Community College District Committee on Political Education was spent on radio and print ads and other campaign literature, some negative. Rosinski is the second union-backed candidate to win a seat on the five-member board; trustee Greg Barr was elected in 2006. Trustee Rick Alexander said he believes the unions are working to elect a union-friendly board majority. Alexander is part of a board that has taken tough stances in salary negotiations with the United Faculty union in recent years. The AFT and United Faculty are not working together, however. AFT is organizing a campaign to decertify United Faculty as the faculty's labor representative. “We're hopeful that we'll be the bargaining agency in that district and would like to make sure that there are three education-friendly trustees that want to put students first on that board,” AFT President Jim Mahler said. United Faculty President Zoe Close calls the AFT plan a hostile attack on the independent union. Both unions claim Rosinski as their candidate. Rosinski said that she appreciates all the support she received and that she will not be partial to one group over another. “Everyone can rest assured that I will look at all issues fairly,” she said. She stressed that AFT ran an independent campaign and that she is not involved in the dispute between the two unions. “I really do want to stay out of that as far as possible,” she said. Rosinski ran unsuccessfully for a board seat in 2006. She was one of four candidates backed by United Faculty. Only Barr, a retired high school teacher, won a seat. Mahler said his union has successfully helped several candidates win seats in other school board races in recent years. AFT also spent about $50,000 to help elect Mark Anderson to the county school board's 4th District representing a large swath of East County. It also spent thousands to help re-elect William Schwandt and elect Mary Graham to the San Diego Community College District's board. |
| Commentary on the Firing of Ted Martinez La Prensa January 6, 2006 By Beth Smith ... Martinez is a strong advocate for Grossmont College – always has been and probably always will be. He continued to choose championing for the students, programs and community that is Grossmont College, and unfortunately, this stance led to a conflict between him and Suarez. He did exactly what every college president is expected to do – bring to the attention of the district administration and board the problems and inequities facing Grossmont College with the intent to resolve the issues as soon as possible. However, it appears that Suarez did not want him to do the job he was hired to do... This relationship became especially strained in early 2004. The first, a seemingly minor accounting error, identified district expenses that were being charged to the college... The dollar amount varied between $200,000 to $300,000 per year, a sizeable amount that could have been redirected to hiring much needed faculty and staff. Suarez made no attempt to absorb the charges back into the district budget, offered no explanation for why the charges were there, and disgustingly, offered no apology to the college for years of “stealing” funds away from educational programs... The second issue is much more problematic... It is the allocation and spending of the capital construction bond revenue, locally known as Prop R, approximately $207 million dollars. East County voters passed the bond that was advertised as “R for repair,” citing the aging Grossmont campus and the need for some new construction within the district. When the district announced the split of the funds...Not only did the split emphasize new construction at the other campus in the district, but it nearly eliminated all repair funds from the budget for the college. Martinez again went to bat for the college requesting more of the split and a greater portion to repair the 40+ year old campus. All his requests were denied and the college has been suffering the results of the split since... The Grossmont Faculty challenged the processes used by the district to determine the Prop R split. The chancellor ... violated the faculty’s legal right to participate in the development of budget and planning processes...The Academic Senate voted no confidence in Suarez in March 2005... The board response to the vote of no confidence in Suarez was predictable, but the vitriol was not. With comments like “Bring it on” and a patronizing “You’ re not happy?” litany, the board supported Suarez, mocked the faculty concerns, and left Martinez in the middle... Martinez stressed problem solving while Suarez sought to gain power. Martinez was left in a pickle. |
In June, the board voted to extend the
contracts, out of the normal evaluation
cycle, to the chancellor, vice chancel...
Not Martinez.
...Not once did the board acknowledge
the comments of the speakers or the
work of Martinez, but instead the board
showed a disappointing display of
irreverence and disrespect for the
speakers and Martinez.
... on December 23, 2005, two days
before Christmas, and an official day of
closure for the college. The board
called a special closed meeting at 4:00
scheduled for that day. The agenda
looked innocent enough, but the
campus soon learned that the board
would take action against Martinez.
Education Code clearly states the
processes and timelines for dealing
with contracts of administrators, and
the board “just recently learned” that it
had to take action six months prior to
the end of Martinez’ contract in June
2006. In a closed session, the board
voted unanimously to terminate his
contract and not renew it...
On the other hand, the Cuyamaca
College president has faced questions
by this newspaper about the integrity of
its noncredit program where Alzheimer’
s patients are enrolled as students in
college courses; operates a college
that has been in the “red” for 27 years
and the subsidy required to sustain the
college increases each year; and credit
enrollment there has been declining.
Did the board fire the right president?...
Beth Smith is Academic Senate
President. Grossmont College.