BY BRADEN CARTWRIGHT
Daily Post Staff Writer
A prosecutor has sent a letter to former Palo Alto Superintendent Don Austin’s new school district in Laguna Beach asking about allegations that board members violated open meeting laws when he was hired.
Orange County Senior Deputy District Attorney Avery Harrison wants the Laguna Beach Unified School District to respond to claims of the board violating the Brown Act, a state law requiring elected officials to make decisions in public.
Harrison asked Laguna Beach to respond to the allegations by Wednesday.
“Without any intent to interfere in your review or opine on any potential violations of law at this time, we encourage the LBUSD board to ensure the provisions of the Brown Act are followed,” Harrison said.
Laguna Beach and Palo Alto’s intertwined superintendent searches have both resulted in allegations of Brown Act violations.
The Palo Alto school board paid Austin $596,802 to resign on Feb. 20, and Laguna Beach paid Superintendent Jason Glass $253,750 to resign on May 12.
Then Laguna Beach agreed to hire Austin on May 14. Palo Alto agreed to hire Glass on June 13, trading superintendents with Laguna Beach.
Both district’s also use the same attorney: Jonathan Pearl of the Dannis Woliver Kelley law firm.
Some parents object
Parents in Laguna Beach sent a letter to Pearl demanding the board rescind Austin’s appointment and go through a full recruitment process.
Parents said the board should’ve decided to hire Austin at a regular meeting, not a special meeting.
“The public was deprived of any meaningful opportunity to evaluate, understand or comment on the process used to identify and evaluate Dr. Austin, whether other candidates were considered … or whether the board had effectively predetermined the appointment outside public view,” the letter said.
Similar complaint in Palo Alto
The letter has similar allegations as a lawsuit against the Palo Alto Unified School District by parents Jane Aishin and Edith Cohen.
Aishin and Cohen said the Palo Alto board should’ve approved Austin’s separation agreement publicly in a regular meeting.
“The district is wasting both money and a chance to learn,” Aishin and Cohen’s lawsuit said. “Had there been an open session as required by (the Brown Act), there would have been an opportunity to comment and voice concerns and objections.”
The Brown Act requires government meetings to be held in public, except on certain issues such as employee discipline, lawsuits and labor negotiations.
A board can’t call a special meeting on the pay of an executive, according to the Brown Act.
‘Shame on you’
Before the meeting to hire Austin, Laguna Beach board member Dee Perry said she was surrounded by parents chanting “shame on you.”
Perry become disoriented, stumbled and dropped a book bag on her foot, leaving her with painful bone contusions, according to a blog post by her husband.
Perry said she was in the dark that she would be voting to hire Austin, but she was glad the board didn’t need to do another search.
“When I found out at the meeting that Dr. Austin might be available, I was thrilled. I thought it was great,” Perry said at a heated June 4 meeting.
Laguna Beach board president Sheri Morgan revealed that Austin was a candidate for superintendent last summer, so the board was already familiar with him.
Board member Joan Malczewski voted against Austin’s contract because she wanted to do another search and discuss the contract terms.
“Somebody is making decisions and negotiating on behalf of the board with no direction from the board,” she said. “We have a process for a reason. It ensures legitimacy. It wasn’t followed.”
Board member Howard Hills said the Brown Act is more complicated than Malczewski and parents were saying.
Dramatic meeting
During the meeting, Laguna Beach board members interrupted each other, and the crowd laughed and jeered.
Morgan reminded the crowd that the board was having a business meeting.
“It’s not a play. It’s not a dramatic situation,” she said. “The gasping and everything else, it’s very disruptive.”
The board voted 3-2 to approve Austin’s four-year contract with a $450,000 salary.
Austin declined an interview about how his new job came together.
“I am proud of my time in Palo Alto and excited for the opportunity in Laguna Beach,” Austin said in a text message on June 12.
The Palo Alto school board voted 4-1 to approve a contract with Glass on Tuesday. He will make a $396,136 salary plus benefits.
Chiu voted against contract
Board member Rowena Chiu voted against Glass’s contract because she said the board should have more authority over the superintendent.
Chiu wanted to cap Glass’s reimbursable expenses, ban him from outside consulting and give the board more oversight of employment decisions.
“Our community has called for greater accountability, better governance and frankly needs cultivation in terms of an atmosphere of trust … I have been grievously disappointed with the non-transparent and rushed nature of our contract negotiations,” Chiu said.
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