By Carol Ferguson, Eyewitness News
Video
The Tehachapi Unified School District board of trustees came under fire from the Kern County Grand Jury over how they handled the demotion of a popular middle school principal. The jury report released Wednesday finds several violations of the state's "open meeting" rules.
The jury report outlines their investigation and findings, and reaches a scathing conclusion.
"As a result of this inquiry it became obvious that the Superintendent of the Board intended to take certain action without notice to the public, possibly fearing the 'firestorm' that ensured. Based on sworn testimony, this action appears to have been taken in response to complaints against a middle school principal primarily from the Tehachapi Association of Teachers.
"The action unnecessarily created a divisive, toxic atmosphere among the school community, turning board members, teachers, parents and students against each other," reads the report.
In March, the board voted twice to removed Eric Trigueiro from his post as Jacobsen Middle School principal. The board voted four to three each time. Trigueiro is known as "Mr. T" to many students and parents, the board decided to reassign him to a teaching position next year.
The jury's report said they investigated the board action "in response to several citizen complaints."
"It is the rule that local governing bodies, elected by the people, exist to aid the conduct of other people's business, and thus deliberations should be conducted openly and with due notice with few exceptions," reads the jury report. The state rules on open meetings are lined out in what's called the Brown Act.
The jury report says the board action violated the Brown Act requirements for closed-door sessions in several ways. For both the meetings of March 3 and March 10, the Tehachapi board had an agenda item that did not specify the title of the person to be discussed.
On March 10, the board agenda listed an item to discuss "negotiations" under a certain government code. But, the jury report said the board did not discuss negotiations.
The jury said there was another problem with the agenda for the March 3 special board meeting. "The board did not review Evaluations of Public employee(s) as stated in the Agenda," reads the report. "The board discussed complaints against one public employee."
The jury said that led to another problem. "Action taken in closed session on March 3, 2009 and March 10, 2009 is in violation of the Brown Act because the action or discussion was of a disciplinary nature based on complaints, and no 24 hour notice was given to the employee," the report said.
The jury found several other problems with the agendas and the meetings. They said the board didn't give the public a chance to address the board about any item that was listed in the notice for the special meeting. And the jury said "members of the Board have disclosed to non-Board members information discussed in closed sessions, in violation of the Brown Act, and Privacy Act of 1974."
Parent-Teacher Organization president Chris Duff had looked over the grand jury report by Wednesday afternoon. "I'm happy that the grand jury did a thorough job in investigating complaints that the community made," she said.
Duff said she hopes the school district will follow the grand jury recommendations. The jury report has a list of nine recommendations, and by law, the district must respond to the jury in 60 days. The jury report said the findings were also sent to the District Attorney's office for review.
District Superintendent Dr. Richard Swanson told Eyewitness News he had not seen the grand jury report by mid-afternoon on Wednesday, and he wanted time to review it thoroughly before making any comments.
Other parents said they have had concerns with board actions before the vote on Mr. Trigueiro. "They're not really big on doing things procedurally, they just like to do things on their own like cowboys," said Yancy Sischo. "And I've had my own complaints in other areas before that were just as needy."
Parent Chris Duff said the board has a responsibility to the community, and it was community outcry that got the grand jury involved. "I feel validated in suspecting that something was wrong in the way it was handled," she said. "So, with the grand jury report coming out, I know that I was right in feeling that way."
http://www.bakersfieldnow.com/news/investigations/46307892.html
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