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MDUSD Cure and Correct Letter 121012

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MDUSD Cure and Correct Letter 121012 Powered By Docstoc
					                                                         1630 North Main St., #258
                                                     Walnut Creek, CA 94596-4609
                                                                December 10, 2012


                                 HAND DELIVERED


President of the Board
MDUSD Trustees
Mt. Diablo Unified School District Board of Trustees
Mt. Diablo Unified School District
1936 Carlotta Drive
Concord, CA 94519

Re: Brown Act Violation; Demand for Board of Trustees to Cure and Correct
Illegal Action

Dear Madam President:

This letter is to call your attention to what I believe was a substantial violation of a
central provision of the Ralph M. Brown Act, one which may jeopardize the
finality of the action taken by the Mt. Diablo Unified School District Board of
Trustees.

The nature of the violation is as follows: In a meeting at an undisclosed time and
unannounced to the public, three MDUSD Trustees, Linda Mayo, Gary
Eberhart, and Sherry Whitmarsh, took action to sign contracts extending
employment of five district administrators for a period of one year.

The action taken was not in compliance with the Brown Act because it occurred
as the result of a meeting which was not permitted under the provisions of the
Brown Act. There was no adequate notice to the public on a posted agenda that
the matter would be discussed, and there was no finding of fact made by the
MDUSD Board of Trustees that urgent action was necessary on a matter
unforeseen at the time.

In the event that it appears to you that the conduct of the MDUSD Board of
Trustees specified herein did not amount to the taking of action, I call your
attention to California Government Code Section 54952.6 which defines “action
taken” for the purpose of the Act expansively, i.e., as “a collective decision made
by a majority of the members of the legislative body, a collective commitment or
promise by a majority of the members of a legislative body to make a positive or
negative decision, or an actual vote by a majority of the members of a legislative
body when sitting as a body or entity, upon a motion, proposal, resolution, order,
or ordinance.”
MDUSD Board of Trustees
Re: Brown Act Violation; Demand for Cure
December 10, 2012
Page 2

As you are aware, 1986 amendments to the Brown Act created specific agenda
obligations for notifying the public with a “brief description” of each item to be
discussed or acted upon and also created a legal remedy for illegally taken
actions, namely the judicial invalidation of them upon proper findings of fact and
conclusions of law.

Pursuant to that provision (Government Code Section 54960.1), I hereby
demand that the MDUSD Board of Trustees cure and correct the illegally taken
action, as follows:

   1) In a properly noticed public session and placed on the agenda, the Board
      shall rescind approval all contract extensions;
   2) In a properly noticed public session, the Board shall provide copies of the
      proposed language of each individual contract and provide for both public
      and Board discussion and questions;
   3) Ensure that language for each contract is compliant with the requirements
      of AB1344;
   4) In a properly noticed public session, the Board shall vote to approve or
      deny contracts as presented and with all changes in language; and
   5) If approved, the Board shall sign the contracts during the next properly
      noticed, regularly-scheduled meeting of the MDUSD Board of Trustees.

As provided by Section 54960.1, you have 30 days from the receipt of this
demand letter either to cure or correct the challenged action or inform me of your
decision not to do so. If you fail to cure or correct as demanded, such inaction
may leave me with no recourse but to seek a judicial invalidation of the
challenged action pursuant to Section 54960.1, in which case I would seek the
award of court costs and reasonable attorney fees pursuant to Section 54960.5.

Respectfully yours,




Wendy Lack
Mt. Diablo Unified School District Resident
925-708-9637

cc: Theresa Harrington, Contra Costa Times

				
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