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Extracted from Consolidated Report

This investigation was originally published as part of a larger consolidated report containing multiple investigations. View the consolidated PDF for the complete document.

San Luis Obispo County Grand Jury • 2006-2007

13. Lucia MAR Unified School District Board of Education

Published: February 20, 2007 16 pages
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Findings and Recommendations 5 findings

F1 Page 123
Great harm has come to the community because of the secrecy surrounding the closed session of the Lucia Mar Unified School District Board of Education held February 20, 2007, and actions taken thereafter.
Related Recommendations (2)
R1
Page 123
Given that the affected principals have waived confidentiality, and given that the LMUSD Board of Education has the power to also waive confidentiality, the Board should, as a body, waive its right to confidentiality and place on the next possible agenda, a discussion of what actually occurred during the closed session of February 20, 2007. (Findings 1, 5)
R4
Page 123
Receipt of required responses from Lucia Mar Unified School Board members and Superintendent should be forwarded to the San Luis Obispo County District Attorney for possible investigation of potential violations of the Brown Act by the Lucia Mar Unified School District Board of Education and for possible perjury in their testimony before the San Luis Obispo County Grand Jury. (Findings 1, 2, 3, 4) 2006-2007 San Luis Obispo County Grand Jury Report Responses Page: R-124
F2 Page 123
The Lucia Mar Unified School District Board of Education members may have been in violation of the Brown Act if, in the February 20, 2007 closed session, a collective decision by a majority of the Board gave clear indication to the Superintendent of their expectations that she remove a number of principals from their present positions and the Board did not subsequently report this action (i.e., giving direction to the Superintendent) in open session.
Related Recommendations (1)
R2
Page 123
If the LMUSD Board directed the Superintendent to remove principals from their current positions, Board members should make public their rationale for having done so without reporting out this action in open session, as required by the Brown Act. (Finding 2)
F3 Page 123
The Lucia Mar Unified School District Board of Education may be in violation of Section 54957 of the Brown Act if, in a February 20, 2007 closed session, specific complaints or charges were brought against any employees, including principals, and those employees were not notified in advance of their right to have the complaints or charges heard in an open session rather than a closed session.
Related Recommendations (1)
R3
Page 123
The LMUSD Board members should explain how their use of “placeholders” allowed them to discuss charges or complaints against employees in closed sessions, without first notifying those employees, under the Brown Act. (Findings 3, 4)
F4 Page 123
The Lucia Mar Unified School District Board of Education is in violation of the spirit of openness when it uses “placeholders” as agenda items for closed sessions. A Board member testified to the Grand Jury about the placeholder “Public Employee Discipline/Dismissal/Release” saying, “I don’t think that’s legal. I think that if we’re going to be taking action against an employee, I think the Brown Act requires that we actually say ‘this is the employee we’re taking action against.’” 2006-2007 San Luis Obispo County Grand Jury Report Responses Page: R-123
No recommendations for this finding
F5 Page 124
The Lucia Mar School Board’s actions subsequent to the February 20, 2007 special closed meeting exacerbated the problems. The public announcement and apology, blaming all the harm done on “miscommunication,” was not an adequate response to the community, based on testimony and continued public outcry.
No recommendations for this finding