An open government activist has alleged that the Claremont Unified School District violated the Brown Act in firing a school nurse in a closed meeting without allowing her supporters to speak on her behalf. -DB
December 5, 2009
By Wes Woods II
CLAREMONT – Open government activist Richard McKee has asked the Claremont Unified School District to rescind its actions from a closed session on Nov. 19 because of an alleged Brown Act violation.
McKee said his challenge results after Danbury Elementary School nurse Cynthia Estep-Tonan was dismissed in closed session and her supporters did not get the opportunity to talk before the board.
McKee wrote in an e-mail that the district’s agenda for the meeting “does not indicate an opportunity for members of the public to directly address the board … In fact the agenda gives the impression that the portion of the meeting open to the public does not begin until 7 p.m., after items I-III have concluded.”
McKee is asking CUSD to hold another study session on construction projects, identified as open session, where people are given proper notice that they may directly address the board before or during the board’s discussion of these projects.
On Friday, McKee said he has not heard from the district but expected a response “fairly soon.”
“I did listen to the tape recording of the meeting,” McKee said. “It’s just as bad as I thought. One of the union representatives said `hey this was scheduled for an open session’ and some of the people had not spoke.”
Claremont Unified School District superintendent Terry Nichols said the district’s legal council was going over McKee’s e-mail and concerns.
Joe Tonan, husband of Estep-Tonan and Claremont Faculty Association bargaining chairman, said he was not aware of McKee’s request but agreed.
“I had brought up that this was a Brown Act violation,” Tonan said. “And they had said we had talked to our attorney about this and we’re doing it. At that point, we had to present with the people we had.”