A committee formed to recall three Ferndale Unified School District board members argued that the decision made in a closed session meeting to place the school district superintendent on administrative leave was not reported until the next meeting in violation of the Brown Act. -DB
The Times-Standard
March 27, 2009
By Erin Tracy
Amid allegations the Ferndale Unified School District board violated the state’s opening meeting law, a recall committee member reiterated Wednesday her commitment to recall three trustees, while the district’s legal counsel maintains that the board acted in accordance with the Ralph M. Brown Act.
The controversy over the employment of district Superintendent Sam Garamendi began when the board decided in January not to renew his contract. In February a decision was made in closed session to place Garamendi on administrative leave. However, the decision was not reported until the following meeting, when the board announced the appointment of interim Superintendent Denise Jones.
According to the recall committee, failure to report the action during the original meeting was a direct violation of the Brown Act.
Humboldt County Office of Education legal counsel Steve Hartsell said no laws were broken because the board is only required to report decisions that impact the employment status of a district employee, and administrative leave does not.
He referred to a subsection of Section 54957.1, which states the board must report out on actions taken to “appoint, employ, dismiss, accept the resignation of, or otherwise affect the employment status of a public employee.” An exception states the report can be deferred “until the first public meeting following the exhaustion of administrative remedies, if any.”
The district is now paying Garamendi’s $90,000 annual salary — excluding benefits — and Jones’ salary of $612.84 a day.
During a special meeting Wednesday, the school board decided to extend the temporary contract with Jones and wait to decide on a permanent replacement.
”They decided to wait on launching the process with the potential turnover of board members in November,” said HCOE Superintendent Garry Eagles.
Ferndale resident Maryann Bansen said she reiterated the committee’s intentions to recall the three board members who voted against Garamendi’s contract — Danette Lentz, Susan Petersen and Joanne Walters — during Wednesday’s meeting.
”In trustee is the word trust and I personally let the board know that they destroyed that trust,” Bansen said. “If they truly in their hearts want to do what’s best for the community, based on what the people are saying, it would be the best thing for the community and the school system if they step down.”
Bansen said she went to the county elections office Thursday to pick up petitions to recall the three board members, and plans to circulate them next week. According to the Humboldt County Elections Office, a recall election would cost approximately $15,000.
Staff writer Donna Tam contributed to this report.
Copyright 2009 The Times-Standard