MiraCosta board to discuss threat of another lawsuit
By: PHILIP K. IRELAND - Staff Writer | ∞
OCEANSIDE -- Trustees of MiraCosta College will meet in closed session Wednesday to discuss what may be yet another lawsuit against the beleaguered Oceanside institution.
The board of directors will also discuss three existing lawsuits, all stemming from a controversial investigation into the illegal sale of palm trees by the school's Horticulture Department. Employees say the probe soured the collegial atmosphere on campus and the ongoing discord inspired a $1 million deal to buy out the remainder of former college President Victoria Munoz Richart's contract.
College officials are mum on the subject of the newest legal threat, listed on the agenda as a "Conference with Legal Counsel -- Anticipated Litigation." The agenda stated that the college faces "significant exposure" to legal action, but did not specify what.
College spokeswoman Bonnie Hall said Monday that the district received a document that gave rise to the agenda item, but could not release it because it is a "privileged communication" between an attorney and his or her client.
On July 1, local attorney Leon Page filed a demand with the college seeking to rescind Richart's settlement, saying trustees violated the state's open meeting laws when the board negotiated the deal.
Page said Monday his threat may be the subject of Wednesday's agenda item.
Although all seven MiraCosta board members approved Richart's buy-out, three minority trustees said later that they felt pressured into signing.
The trio -- Judy Strattan, Gloria Carranza and Jaclyn Simon -- held a news conference on June 20, saying the board was "dysfunctional" and incapable of moving the district forward. They said the public must decide if it is important enough to question the legality of the settlement.
As part of Richart's settlement agreement, trustees were barred from discussing any aspect of the deal.
Richart's attorney, Bob Ottilie, said Monday his client does not want more legal action.
"There has been no threatened suit," Ottilie said, "but I found it surprising to learn that members of the board of trustees had held a press conference, and (surprised to learn) the nature of the issues that were discussed at the press conference."
In a separate action, a group of current and former educators called Restore MiraCosta is moving forward with its push to recall board President Charles Adams and Trustee Gregory Post.
The group announced June 30 that it was launching the recall effort.
One of its members, Susan C. Hermann, said Monday that Restore MiraCosta filed recall papers last week with the San Diego registrar of voters and sent notices to Adams and Post via certified mail Thursday.
Post on Monday blasted those who he said were behind the campaign.
"The recall effort is being done by a group of activist faculty and is nothing more than a brazen power grab to gain control of the board of trustees," he said. "If they can replace just one trustee with someone they can control."
Bea McWilliams, a spokeswoman for the recall group and a professor of communications at MiraCosta, said that Post's comments better reflect his own thinking about power.
"That idea of power and control -- I find it interesting that Post would use those words," McWilliams said. "They are exactly the concerns we have had with the four-member majority. They are fixated on control."
McWilliams said the recall is necessary to return MiraCosta to a responsive democratic institution.
"The president may be gone, but, unfortunately, the people who allowed her to run amok still remain," she said. "Regrettably, the four -- and I mean Charles Adams, Gregory Post, Rudy Fernandez and Carolyn Batiste -- have not shown any willingness to change.
"The committee feels that if we were to bring a new president into this same environment with the same board members that we will likely have a repeat performance," she said.
-- Contact Philip K. Ireland at (760) 901-4043 or online at pireland@nctimes.com.
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I am Arthur, King of the Britons... wrote on Jul 9, 2007 11:00 PM:The entire Board of Trustees is dysfunctional. All of the Trustees should resign or face recall, not merely Charles Adams and Gregory Post. There is so much animosity and bad blood, so much bitterness, that none of the Trustees have the perspective and ability to move the college forward. We need a new beginning. We need a fresh start.
Ann wrote on Jul 10, 2007 8:51 AM:And exactly the same situation exists at the Cardiff School District and their Board of Trustees. We, too, need a new beginning. We, too, need a fresh start.
Flounder wrote on Jul 10, 2007 9:16 AM:This is the Board of Untrust. The public has lost their trust in the whole thing. Nevermind the recall, replace them all.
Chuckles wrote on Jul 10, 2007 9:35 AM:These folks have taken the "trust" out of being a Trustee! And, seriously, if we can't depend on them to do the right thing in closed session, under "pressure" or otherwise, they have no business being on the Board. It's as simple as that.
Dan wrote on Jul 10, 2007 10:03 AM:College faculity are the dysfunctional.
We see through you wrote on Jul 10, 2007 10:16 AM:Don't be fooled by this piece about the past president not asking for more. She will bleed us dry unless the board majority wakes up and says STOP- take us to court if you want. They have not represented the will of the people, but rather have sold out to the president. We need to clean up the mess by a recall.
Insider wrote on Jul 10, 2007 10:48 AM:This Board of Trustees beast has been in the making for a long long time now. This dates back to probably before the Tim Dong days. I know I saw it several times during the Dong circus era. They had ALL tax payers that live within the MiraCosta District fooled. When a trustee would get ready to retire, they would anounce their retirement right after an election, that way the board would bring in one of their buddies to fill in that seat (appointed). If they were to be square about the way they do business, they would have announced their retirement before the elections and have someone run for the seat. That is where we find ourselvs today, dealing with a bunch of overtakers. They got away with it for so many years and it is finaly catching up to them. We the tax payers did not vote for Adams, Fernandez, Post, or Batiste. They were appointed. YES ON THE RECALL!
Keep on top of this NCT wrote on Jul 10, 2007 12:09 PM:Yep, they should all go. We can't afford them!It would be great for NCT to do a background on each of the tustees (how they came into office, how long they've been there, decisions mad during their tenure, etc). Enlighten us!
Pressured? wrote on Jul 10, 2007 12:19 PM:They voted for the settlement because they felt pressured? You should therefor not be in a trustee position then, get a job where you do not have to make responsible decisions.
Go Leon wrote on Jul 10, 2007 3:44 PM:It's obvious there was a terrible breach of legal ethics with this so-called settlement- and frankly folks, after an all night meeting, I doubt if anyone could make a well-reasoned decision. Give the minority trustees a break for finally realizing the depth of their mistakes.
Danny wrote on Jul 10, 2007 9:03 PM:Chi ching. chi ching, chi ching. Who gave them the legal counsel to began with?
*** Not exactly Profiles in Courage *** wrote on Jul 10, 2007 9:42 PM:To "Go Leon," say what you will about the pro-Richart majority, but at least they seem to have the courage of their convictions. The pro-faculty minority, on the other hand, only changed their minds on the settlement agreement when they started to hear complaints from other trustees around the state. Now they're claiming to have been "pressured" into signing on to a deal that they allegedly knew was wrong when they signed it. Which story is it going to be? And, if that's the case, if they signed on to the agreement against their better judgment, but only did so under "pressure," why didn't they simply walk out of the closed session and go home? Could it be because they signed the agreement because they were primarily interested in saving their own skins -- and now they're giving us spin to cover up what was their real motivation -- to use tax payer dollars to cover up for their own misdeeds?
Amanda wrote on Jul 11, 2007 6:36 AM:I say the lawsuit should include the lawyers. The trustees should go after the lawyer.
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