OCEANSIDE: MiraCosta may reject most grand jury ethics proposals
By CRAIG TENBROECK - Staff Writer | ∞
OCEANSIDE ---- MiraCosta College's staff is recommending the college disregard several ethics reforms that a county grand jury report suggested for all five of the county's community college districts.
Download the report
Many of the changes are unwarranted, said Jim Austin, the college's vice president for business and administrative services.
"In some cases," Austin said Friday, "the grand jury report was recommending things that couldn't be done, legally couldn't be done."
When MiraCosta's board of trustees meets at 3 p.m. Tuesday, it will decide whether to approve the college's written response to the grand jury, a volunteer panel that investigates citizen complaints about government programs.
The grand jury's report, issued in May, includes 14 suggestions for the local community college districts, including the creation of a special panel to craft a uniform code of ethics.
In MiraCosta's draft response, officials call that additional level of "governmental bureaucracy" unwarranted, as there are already agencies that provide oversight.
MiraCosta staffers also rejected capping election contributions for trustees, asking voters to approve term limits and expanding board meeting agendas.
The only recommendation that requires "further analysis," according to MiraCosta's staff, is the adoption of a board policy prohibiting college employees or relatives from buying the district's surplus property.
While the grand jury's 17-page report was directed at all five of the county's community college districts, it did call attention to a few specific controversies, including MiraCosta's $1.6 million buy-out of former President Victoria Munoz Richart last year.
The report recommended that the college districts adopt a policy limiting buy-outs of administrative contracts to no more than 18 months salary and benefits. But state law already limits buy-outs to that amount.
Richart's settlement is now the subject of a lawsuit. An attorney for the college has said the settlement, which included damages, was warranted because Richart appeared to have a valid claim against MiraCosta.
In their draft response to the grand jury, MiraCosta's staff said the report's buy-out policy is "not warranted or reasonable."
"... Further review or comment is not appropriate at this time in light of the fact that issues relating to that matter are currently pending before the Superior Court," the draft response states.
San Diego County's five community college districts have until Aug. 26 to respond to the grand jury's report.
MiraCosta's response, Austin said, is "very, very congruent" with what the other districts are considering or have already approved.
Contact staff writer Craig TenBroeck at (760) 901-4062 or ctenbroeck@nctimes.com.
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Chuckles wrote on Aug 17, 2008 7:53 PM:What was the nature of the "valid claim" that Richart "appeared" to have against the College? Does anyone know?
Valid Claim wrote on Aug 17, 2008 11:41 PM:Richart's "valid" claim involves her being the subject of criticism by elected Board members. Of course, such public evaluation involves statutorily and constitutionally proctected free speech. In other words she has NO claim against the college or the taxpayers. She could try to sue if her settlement is overturned, but the colleges legal defenses remain powerful (just use google to search "mccmess.")
George wrote on Aug 18, 2008 12:41 AM:First SANDAG, now Mira Costa -- what is this, "Diss the Grand Jury" month?
ALL IN wrote on Aug 18, 2008 6:28 AM:This board is behaving like a gambler who is "all in," throwing every last dollar on the table either to win big or walk away a loser. Showing disdain for the public by ignoring the clear-cut limit on buyouts and then essentiallly telling the grand jury to take a hike, this Board reveals its true intentions to us taxpayers paying the bills. Vote in November and send Batiste, the current Board President, packing.
Jay wrote on Aug 18, 2008 7:25 AM:The arrogance of this board majority, who are, no doubt, the force behind this rejection, is amazing. There is a lawsuit in process against them for the very thing the Grand Jury warns against, the buyout, and they don't think it applies to them. They listen to Austin, who has a lot to lose if his part in helping getting Richart her buyout is made public as the lawsuit will do, or their band of lawyers tells them all is okay. Meanwhile, back at the ranch, the taxpayers are paying, paying, paying! Don't forget all this misbehavior when it's time to vote in November.
Sad wrote on Aug 18, 2008 10:15 AM:It's all too sad. Mira Costa used to be a fine place, until Richart flattered the trustees so much that they developed an inflated sense of themselves. Listening to Battiste talk at board meetings is just discouraging. She really knows very little about the school.
JVC wrote on Aug 18, 2008 10:29 AM:I don't know who the earlier jvc is and he certainly didn't read the article. The NCT uses the larger term of "staff" to refer to Jim Austin, VMR's hand picked ally within the college administration. He has been a dupe and a pawn in this whole sordid affair and needs to go, along with the board majority. Most of the other staff is probably afraid or barred from speaking out. What VMR and this board have done to this college is a crying shame. It is testimony to the faculty that enrollment is up and that student continue to receive a quality education.
The OTHER Angry Taxpayer wrote on Aug 18, 2008 10:59 AM:The Board majority is living in a cocoon, hoping that, with each wave of bad news, "this too shall pass," that the public will forget and move on. They forget, however, that this time, in this election, the public is paying attention. No wonder Carolyn Batiste refuses to speak with the press. How could she possibly defend her actions, whether it was her vote to reaffirm the $1.6 million gift to Richart, the Board's refusal to cooperate with the District Attorney, or, now, the Board's refusal to follow the advice of the Grand Jury.
jvc wrote on Aug 18, 2008 2:04 PM:Did not make the post of 10:29AM!
Why is the NCT allowing this fraud?
jvc wrote on Aug 18, 2008 2:19 PM:It is clear from reading these bloggs and the past activities of the MCC faculty that the
MCC faculty will not only have usurped the electoral process in November but including succeeding in electing their own on the board!The implecations are that the MCC faculty will control the District through the Board!
Jay wrote on Aug 18, 2008 3:50 PM:JVC needs to attend a class at MiraCosta in how to think critically, how to spell, and how to read between the lines. He/she? is really way behind in the ball game. I am not a faculty member nor a staff member. I am a taxpayer who is fed up with the shenanigans of this board majority. I have read every item on the MCC Mess web site and attended board meetings. I am not alone in my observations as is evident by the comments on this page. November can't come soon enough!
jvc wrote on Aug 18, 2008 8:46 PM:Can't wait tell November? Why is that?
I would guess that you are very active in trying to usurp the electoral process
to give your people the advantage!
And I would guess that your underground
PAC will succeeed too! You want my congrat now? And another thing, what is wrong with my spelling? Would attacking my spelling give me less credibility on the issues?
JVC and the mccmess wrote on Aug 19, 2008 11:29 AM:JVC - Did you ever get around to reading the documents that are available on the mccmess website? If so, when will you be issuing your retraction and apology for working misinform the members of the public reading these blogs? If not, why don’t you take the time to read them. It appears that you do struggle with reading, comprehension, and writing, but I am sure that there is someone out there willing to help. Go ahead, take it one document at a time, post your interpretation of each document, and we will help assure that you have understood the actual facts.
jvc wrote on Aug 19, 2008 4:20 PM:You are the one who is sruggling on these bloggs and your misinterpretation of the facts during the whole time MCC was and is in turmoil!quit trying to propagandize these boggs to fit your agenda!It is clear that you need to enroll into a MCC critical thinking class!
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