Friday, October 17, 2008

What happened at Vista Unifed School District on October 16, 2008?


David Hubbard (center) of Vista Unified School District

The story below misses a Brown Act violation that occurred on Thursday evening at the VUSD board meeting when Silvia Peters tried to speak about student expulsions.

Ms. Peters writes:

"When Chairman Gibson called my name to the podium, I began to
speak for about 60 seconds before Board Member David Hubbard
abruptly interrupted me. He asked what my comment had to do
with expulsion. I said, that I was commenting on expulsions.
Before Board Member Hubbard abruptly interrupted me, I had just read VUSD’S Board Policy No. 5013 “Suspension and Expulsions,” Section (3), which read: “It is the intent of the Board of Education that its policies and regulations be consistent with current law. Any part of this policy, which is not consistent with current law, shall be void.”

"I asked whether VUSD knew if Guajome Park Academy had
policies for expulsions?...If the policies were allied
with California law and If Guajome Park Academy had a
legitimate Expulsion Board?

"Board Member Hubbard asked what does this have to do with
Section “C.” and that Section C had to do with Readmission of
Students who have been expelled from other school districts?
Board Member Hubbard told me that I had pulled a card for
“Section C.”

"Board Member Hubbard said we have already ratified the item
and you cannot speak on it any more. President of the Board
Gibson agreed. They both insisted that I had pulled the card
for Section C.

"If in fact I had pulled the card for Section C then why would
the VUSD Board ratify Section D before Section C?..."




North County Times
VISTA: School board stays out of gay marriage debate
Trustees decide against taking a stance on Prop. 8
By STACY BRANDT
October 17, 2008

In a lively meeting that drew more than 100 people, the Vista Unified school board decided Thursday night to stay out of the debate over same-sex marriages.

By a 3-2 vote, school district trustees declined to take a position on Proposition 8, an initiative that would amend the state constitution to define marriage as only between a man and a woman.

Board President Jim Gibson asked trustees to pass a resolution in support of Prop. 8 and board member Stephen Guffanti joined him in backing the resolution. The rest of the panel said the board shouldn't take a position on any proposition.

Prop. 8 is one of the most politically charged measures on the Nov. 4 ballot. By Election Day, it's estimated that supporters of the gay-marriage ban will have spent more than $25 million on their campaign and opponents will have spent just as much.

Among the groups opposing the measure is the California Teachers Association, which has contributed about $1.3 million to help defeat the proposition...

In refusing to support the resolution, Trustee David Hubbard said that bringing such controversial issues before the board only further divides the community.

"The only outcome is that we're going to create hard feelings," he said.

The crowd who packed Temple Heights Elementary School for Thursday's meeting included more than a dozen people who spoke to the board on the issue. The speakers were split, with roughly half supporting Gibson's proposal and half opposing it.

Jacob Petty, a student at Rancho Buena Vista High School, presented the board with a petition he said more than 400 students at the school have signed, urging the board to not pass the resolution...

Most school boards across the state have stayed out of the debate over same-sex marriage, though trustees in East County's Grossmont Union High School District voted this summer to endorse the proposition.

Election drama again spilled over into the board room Thursday, with Guffanti and union officials trading jabs. Guffanti is running to keep the board seat he has held for the last eight years.

Representatives from both of the district's unions used part of their normal speaking time to criticize Guffanti and the two candidates running with him in the election for skipping a forum put on by the district's parent-teacher group Wednesday. They also accused Guffanti of not running an honest campaign.

"I have no respect whatsoever for any candidate whose campaign is based on unfounded smear tactics," Henrietta Black, president of the district's classified union, said about Guffanti. "This nonsense has to cease and desist."

Guffanti slammed parents and teachers at previous PTA forums, accusing them of being disrespectful. He also said he thinks most of the members already have their minds made up about how they're going to vote...

2 comments:

Anonymous said...

Silvia Peters

(760) 941-5924


Jim Gibson Chairman of the Board of Trustees for the Vista Unified School District.

Board Members:
Steve Lilly: Vice Chair, Stephen Guffanti: Clerk, Carol Weiss Herrera: Secretary and David Hubbard member or the VUSD Board of Trustees and Superintendent of VUSD Joyce Bales.

The Vista Unified School District
1234 Arcadia Ave., Vista CA 92084
(760) 726-2170

Re: Cure and Correct California Ralph M. Brown Act Violations.

April 10, 2008

Dear Chairman Gibson,


This letter is to call your attention to what I believe were substantial violations of central provisions of the Ralph M. Brown Act.


The natures of the violations are as follows:

On October 16, 2008 I attended a meeting of the Vista Unified School District Board of Trustees “VUSD.” I pulled a card to speak on Agenda Action Item 13. Student Support Services, Section D. Approve Guajome Park Academy’s Staff and Board Recommendations for Expulsion of Cases Numbered W-14-2008/09 and W-18-2—8/09 & W-19-2008/09.

When Chairman Gibson called my name to the podium, I began to speak for about 60 seconds before Board Member David Hubbard abruptly interrupted me. He asked what my comment had to do with expulsion. I said, that I was commenting on expulsions. Before Board Member Hubbard abruptly interrupted me I had just read VUSD’S Board Policy No. 5013 “Suspension and Expulsions,” Section (3), which read: “It is the intent of the Board of Education that its policies and regulations be consistent with current law. Any part of this policy, which is not consistent with current law, shall be void”

I asked whether VUSD knew if Guajome Park Academy had policies for expulsions? If they knew what those policies were? If the policies were allied with California law and If Guajome Park Academy had a legitimate Expulsion Board?

Board Member Hubbard asked what does this have to do with Section “C.” and that Section C had to do with Readmission of Students who have been expelled from other school districts? Board Member Hubbard told me that I had pulled a card for “Section C.” Board Member Hubbard said we have already ratified the item and you cannot speak on it any more. President of the Board Gibson agreed. They both insisted that I had pulled the card for Section C.
If in fact I had pulled the card for Section C then why would the VUSD Board ratify Section D before Section C?

Chairman Jim Gibson and Board Members:
Steve Lilly: Vice President, Stephen Guffanti: Clerk, Carol Weiss Herrera, Secretary and David Hubbard member or the VUSD Board of Trustees and Superintendent of VUSD Joyce Bales. I have addressed the issue of VUSD Board Member David Hubbard rude and abrupt interruptions, when I have attempted to speak on the Vista Unified School District Board of Trustees Meetings for many years. I have addressed this same issue with regulatory agencies. Board Member David Hubbard has continued this illegal conduct with complete disregard of California State Open Meeting Laws. David Hubbard as Board Member and attorney has given VUSD legal advice that is contrary to the law for over twelve years. David Hubbard conspired with former superintendent Dave Cowles to defraud the public, students and parents of the Vista Unified School District; with distorted legal advised and recommendations that have bankrupt the Vista Unified School District for over twelve years.

The Vista Unified School Board Members need to be reminded that the people of the state of California have the right to criticize the policies, procedures, programs, or services of the agency, or of the acts or omissions of the legislative body. Baca v. Moreno Valley Unified School District (1996) 936 F.Supp. 719.

“Thus, under the California Constitution, District’s Board may not censor speech by prohibiting citizens from speaking, even if their speech is, or may be, defamatory.” (at pg. 727)

The action to censor my First Amendment Right to Speak by this Board not only violates the State Constitution, but it is also contrary to the Brown Act. This is primary the reason why David Hubbard and the entire Vista Unified School District Board of Trustees has and will continue to have a Permanent Injunction (See also Leventhal v. Vista Unified School District (1997) 973 F.Supp. 951)
The Ralph M. Brown Act (Government Code §54950 et seq.) provides that the public has a right to address the VUSD School Board on any matter on the agenda of the VUSD School Board Meeting before action is taken on that item (Government Code §54954.3), (Section C comes before Section D) and to also address the VUSD School Board on any subject within the subject matter jurisdiction of the VUSD School Board Meetings that is, on subjects for which the VUSD School Board has some ability to take action (Government Code §54954.3).

The censoring of my First Amendment Right to Speak is a violation of my right publicly to share my criticisms of school board policies with the VUSD Board of Trustees and concerned community members pursuant to California Government Code section 54954.3, a code section found in California's open meeting law, commonly known as the Ralph M Brown Act). Cal.Govt.Code, §§ 54950 et seq.

As I have informed you before on many letters sent to the entire Vista Unified School District Board of Trustees:
The Vista Unified School District has constantly been informed by community members of its pervasive Brown Act violations and continues to ignore the public’s request for open government, transparency and accountability. If by any chance you did not read the prior letters, I will repeat once again the Vista Unified School District and every Member of the Board of Trustees has a permanent injunction in respect to Brown Act violations in the United States Court for the Southern District of California in the universally known and quoted Leventhal v. Vista Unified School District., School Board President David Hubbard, in his Official Capacity, et al., Defendants. 973 F. Supp. 951 (1997)

Therefore, pursuant to provisions (Government Code Section 54960.1.), I demand that the Vista Unified School District Board of Trustees cure and correct the illegally taken actions mentioned above.

As a consequence, I am giving you a final formal written demand letter (§ 54960.1(c)(1); County of Del Norte v. City of Crescent City (1999) 71 Cal.App.4th 965, 978; Bell v. Vista Unified School Dist.(2000) 82 Cal.App.4th 672, 684.)

In addition:
I suggest that you take the advice from a true professional instead of Board Member Hubbard. Including a crash course on the California Ralph M. Brown Act for all the members of the Vista Unified School District Board of Trustees panel. So as to enhance your further involvement as representatives of the California Ralph Brown Act. Subsequently, that you may develop a deeper understanding of members of the public rights to attend and participate in public meetings that should be open for public participation for all members of the community. [Government Code Section 54954.3. (a)]

A crash course on open and public meeting law as based on the Ralph M. Brown Act for all VUSD Members of the Board of Trustees and VUSD subcommittees. [Government Code Section 54950., 54950.5. 54952.] May I suggest at minimally that VUSD subcommittee panel members be provided with a current copy of the Brown Act [Government Code Section 54952.7]. Due to the multiple roles the panel members hold with other VUSD subcommittee assignments and other public agencies, perhaps a workshop presentation by Terry Franke from The Californians Aware. 2218 Homewood Way Carmichael, CA 95608 Phone: 916-487-7000 Fax: 916-487-7999 would better serve your efforts of compliance with the law as well as to ensure and protect the community's rights to bring forward public criticism of policies, procedures, programs, or services. The Californians Aware organization is considered the experts in the area of open meeting laws, public record law, and First Amendment.

As Government Code section 54950 "Declaration of Intent" indicates:

§ "The people of the state (Vista Unified School District Board of Trustees) do
not yield their sovereignty to the agencies, which serve them. The people, in delegating
authority, do not give their public servants the right to decide what is good for the
people to know and what is not good for them to know. The people insist on remaining
informed so that they may retain control over the instruments they have created."

As provided by Section 54960.1 you have 30 days from the receipt of this demand to either cure or correct the challenged actions or inform me of your decision not to do so. If you fail to cure or correct as demanded, such inaction may leave me no recourse but to seek a judicial invalidation of the challenged actions pursuant to Section 54960.1, in which case I would seek the award of court costs and reasonable attorney fees pursuant to Section 54960.5.

Respectfully yours,
Silvia Peters

Anonymous said...

Correction on the date, the violation occurred on October 16, 2008.