Schools
Judge Issues Tentative Ruling in Favor of Capistrano Unified
The ruling says the school district's school board corrected its Brown Act violation when it held a public meeting in March.
In a tentative ruling issued Monday, a judge sided with , saying the district does not have to admit that its school board violated the state’s open-meeting law.
Although to reinstate two furlough days last year and partially restore teachers’ salaries in January, .
“It appears that the alleged violations were cured,” wrote Temporary Judge James Loveder, the research attorney for Orange County Superior Court Judge Gregory Lewis.
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The decision is not final.
San Juan Capistrano resident Jim Reardon in late March, contending that the board neither adequately informed the public that it was considering the employee concessions nor reported the actions once taken in closed session.
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Without acknowledging a violation of the Ralph M. Brown Act, the board held a special meeting in March to discuss the restorations in public.
Reardon’s lawyer, Wayne Tate of Laguna Hills, asked Judge Loveder Monday to be heard on the matter and argued that an admission of guilt is an important component of rectifying a Brown Act violation.
“There’s still a viable, declaratory-relief action because the school district hasn’t conceded any violation,” Tate said. An admission of guilt is especially vital in light that “this is a school district that has a series of Brown Act violations.”
He cited violations dating back to 1991, the 2007 60-page report District Attorney Tony Ruckaukas released and the , which focused on the teachers’ contract restorations.
Representing the school district, San Diego-based lawyer Michelle K. Meek said she found no requirements arising out of previous cases that demand an admission as part of an effort to correct and cure Brown Act violations.
Loveder said he would take the matter under advisement and issue a final ruling at a later date. The question at this beginning stage of the litigation is whether Reardon has a valid claim that should move forward.
Tate said that if the ruling goes against his client, he’s likely to appeal. His goal is to get the district to admit wrongdoing and agree to tape closed-session board meetings, as it had previously done in response to the 2007 D.A. report. That agreement had the board taping its closed sessions for three years, a period of time that has passed.
