Wednesday, December 16, 2015

[San Diego County] DA hits SD Unified with warrant in Foster case

SD school board trustee under criminal investigation


Blog note: this article references a May 2015 San Diego County Grand Jury report recommending that the San Diego Unified School District strengthen its ethics and conduct rules for trustees. This is one of the rare—but important—instances where the results of a civil grand jury investigation have led to a criminal investigation.
The San Diego Unified School District was served a warrant Thursday from the District Attorney’s Office for a criminal investigation into trustee Marne Foster — two days after her controversial term as board president came to a close.
“We are directing our staff to cooperate with the investigation,” said Andra Donovan, general counsel for San Diego Unified.
Since the warrant is sealed for 10 days, it’s not publicly known exactly what the case entails, but San Diego Unified said the District Attorney’s Office is “seeking information relevant to a criminal investigation they are conducting into the conduct of” Foster.
The school district already had been conducting its own investigation into allegations that Foster was secretly behind a $250,000 claim filed last year against the district — which it rejected — accusing the School of Creative and Performing Arts of sabotaging Foster’s son’s college plans.
When The San Diego Union-Tribune first reported last year that a claim had been filed against the district by John Marsh, the father of Foster’s son, the trustee said she had no part in the complaint.
Since then, Marsh told the Voice of San Diego that Foster pressured him to sign a blank claim form that she later filled out and submitted.
Marsh also told the online news organization that Foster used his email account and posed as him in responding to questions from the Union-Tribune.
The school district investigation also was looking into a fundraiser Foster held in July — attended by district officials and contractors — to help raise money to cover college costs for two of her sons.
Organizers of the “Brothers 2 College” benefit failed to properly register the event — and a prize drawing that was held — with the state. Participants paid $25 at the door or $20 in advance to attend the event at the Neighborhood House Association headquarters, which has a contract with the district. Among the attendees were district employees, trustee John Lee Evans, and San Diego teachers union President Lindsay Burningham.
Following questions about conflicts-of-interest regarding the event, Foster later apologized and promised to return some of the donations.
San Diego Unified announced Thursday it suspended its long-delayed investigation into Foster’s alleged improprieties, which was commissioned Sept. 29 and launched Oct. 2 as a “30-day independent investigation” that would cost no more than $40,000.
“We can’t parallel the DA investigation with our own investigation because it might interfere. We will take a step back and let them do their job,” Donovan said.
In order to serve a warrant, a judge must agree that there is probable cause that a crime has been committed, according to legal experts.
But Donovan said the warrant was required to obtain records that would otherwise be protected under the federal Family Educational Rights and Privacy Act, and which could not be released except pursuant to warrant or subpoena. A subpoena cannot be issued unless charges have been filed or a grand jury is convened, neither of which is required for a warrant, she said.
Foster did not respond to a request for comment.
Neither did Michael McQuary, who was elected board president by trustees during the annual reorganization of officers on Tuesday. The District Attorney’s Office also declined to comment.
Foster also has been accused of forcing the district administration to suspend a counselor and reassign the principal at her son’s school over an unflattering college assessment of Foster’s son. After Foster obtained a copy of the confidential letter — which was included in the common college application — it was replaced with a more-flattering assessment written by another counselor. According to the Foster family’s unsuccessful legal claim, the college assessment resulted in the loss of scholarships and financial aid.
Earlier this year, San Diego Unified released documents and emails intended to explain the personnel decisions that were handed down at the popular magnet school.
Superintendent Cindy Marten has said Foster had a history of attempting to meddle in personnel issues. She went on to say that although Foster called attention to issues at her son’s school, the personnel decisions were not made because of the trustee. Marten said problems at the school had been on the district’s radar going back months, even predating her being named superintendent.
Kim Abagat, the counselor who was suspended without pay for nine days over the college letter, accused the district of retaliation and discrimination in a legal claim filed with the district Nov. 24. The pending complaint, which seeks in excess of $10,000 in damages, is the necessary precursor to a lawsuit.
Attorney Dan Gilleon, who represents Abagat, said the DA’s case could benefit his client if it forces the district “to be more transparent.”
“If Marne Foster is convicted of a crime, her veracity would be called into question in trial,” he said. “That would help my case.”
Donovan said the district will fully comply with all requests made by the DA.
“We believe it is incumbent upon San Diego Unified to cooperate fully with the District Attorney’s Office and to avoid interfering with that investigation,” she said.
A month after Foster held the benefit to raise money for college tuition and debt for her sons, San Diego Unified responded in August to a May county grand jury report that called for the district to strengthen its ethics and conduct rules for trustees. The district said it would be taking no action.
The grand jury found the district’s conduct code, conflict-of-interest policy and governance manual are “not sufficient to prevent trustees from exerting undue influence in matters involving a particular school within their district.”
The grand jury did not identify any trustee or campus, but the findings match an August 2014 report in the Union-Tribune, detailing accusations that Foster wielded her political influence to make the personnel changes at her son’s school.
Foster is up for re-election next year. She has a loyal base of supporters who have rallied behind her through the allegations. Foster was presented with a bouquet of pink roses from a supporter on Tuesday as she passed the gavel to McQuary.
December 10, 2015
The San Diego Union-Tribune
By Maureen Magee


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