Letter to the Assistant Superintendent of Personnel

Following is a copy of an email I sent to the assistant superintendent of personnel, Mr. Hovey. I copied all the board members.

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Mr. Hovey,

I believe there has been a violation of the Brown act. I would like to provide you the opportunity to respond to my claim and or take corrective action. I believe the description of Item #14.2 in last week's board meeting (Tuesday January 25th) wasn't "sufficient to provide interested persons with an understanding of the subject matter".

I would like the board to declare the act null and void and resubmit the item for a future board meeting. Following is an excerpt from a legal brief available on the California State Attorney General's website. Here is the link http://caag.state.ca.us/publications/2003_Main_BrownAct.pdf. This excerpt can be found on page #16.

I would appreciate a response from you before, or during, the next scheduled board meeting, February 8, 2011.

Thank you,

Lloyd White

 

(§ 54954.2(a).) A description of each item generally need not exceed 20 words, although the description must be sufficient to provide interested persons with an understanding of the subject matter which will be considered. (Carlson v. Paradise Unified School Dist. (1971) 18 Cal.App.3d 196, 200.)

“In the instant case, the school board’s agenda contained as one item the language ‘Continuation school site change.’ This was entirely inadequate notice to a citizenry which may have been concerned over a school closure.
“On this point alone, we think the trial court was correct because the agenda item, though not deceitful, was entirely misleading and inadequate to show the whole scope of the board’s intended plans. It would have taken relatively little effort to add to the agenda that this ‘school site change’ also included the discontinuance of elementary education at Canyon View and the transfer of those students to Ponderosa School.” (Carlson v. Paradise Unified School Dist. (1971) 18 Cal.App.3d 196, 200, original emphasis; see also 67 Ops.Cal.Atty.Gen. 84, 87 (1984).)