CAPISTRANO UNIFIED SCHOOL DISTRICT
33122 Valle Road
San Juan Capistrano, CA 92675
BOARD OF TRUSTEES

Regular Meeting July 17, 2019

CLOSED SESSION 5:00 pm

OPEN SESSION 7:00 pm

Board Agenda

Board Audio

1. CALL TO ORDER

2. CLOSED SESSION COMMENTS

A. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION

Susan Holiday
Significant Exposure to Litigation – One Case

(Pursuant to Government Code § 54956.9(d)(2))

EXHIBIT A-1

 

Gregory Merwin/Kathy Purcell
Attorney – Ernest Bell
Significant Exposure to Litigation –
Three Cases

ADR Case Number 20190507

ADR Case Number 20190517

ADR Case Number 20190528

(Pursuant to Government Code § 54956.9(d)(2))

 

 

 

EXHIBIT A-2

EXHIBIT A-3

EXHIBIT A-4

 

CUSDWatch Comment

Ernest Bell is with Atkinson, Andelson, Loya & Romo

Ernest Bell specializes in Special Education and Student Issues.

ADR stands for Alternative Dispute Resolution

Most civil disputes are resolved without filing a lawsuit, and most civil lawsuits are resolved without a trial. The courts and others offer a variety of Alternative Dispute Resolution (ADR) processes to help people resolve disputes without a trial.

 

B. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION

Gregory Merwin/Kathy Purcell
Attorney – Earnst Bell
Significant Exposure to Litigation – Three Cases

OAH Case Number 2019040237

OAH Case Number 2019040840

OAH Case Number 2019050458

(Pursuant to Government Code § 54956.9(d)(1))

 

EXHIBIT B-1

EXHIBIT B-2

EXHIBIT B-3

 

CUSDWatch Comment

Ernest Bell is with Atkinson, Andelson, Loya & Romo

Ernest Bell specializes in Special Education and Student Issues.

The Office of Administrative Hearings (OAH) is a quasi-judicial tribunal that hears administrative disputes.  Established by the California Legislature in 1945, OAH provides independent Administrative Law Judges (ALJs) to conduct hearings for over 1,500 State and local government agencies.  OAH provides both adjudication and alternative dispute resolution services. 

Of the 10,000 to 14,000 cases filed with OAH each year, approximately 50 percent of our General Jurisdiction cases and 96 percent of our Special Education cases are resolved without the need for hearing and decision.  OAH offers a wealth of experience, qualified ALJs, professional calendar staff, and the flexibility to mediate, arbitrate, or adjudicate administrative disputes at a cost substantially less than charged by other providers.

C. LIABILITY CLAIM

Clark Hampton
Significant Exposure to Litigation – One Case
Rejection of Government Claim No. 1805868

(Pursuant to Government Code § 54956.9 (d) (2) or (3))

 

EXHIBIT C-1

 

 D. STUDENT READMISSIONS

Mike Beekman
Five Cases

 

Case # 2019-002 
Case # 2019-006
Case # 2019-015
Case # 2019-022
Case # 2019-031

EXHIBIT D-1
EXHIBIT D-2
EXHIBIT D-3
EXHIBIT D-4
EXHIBIT D-5

 

E. STUDENT EXPULSIONS

Mike Beekman
Three Cases

 

Case # 2019-072 
Case # 2019-075
Case # 2019-055

EXHIBIT E-1
EXHIBIT E-2
EXHIBIT E-3

 

F. STUDENT EXPUNGEMENT

Mike Beekman
One Case

 

Case # 2019-072 

EXHIBIT F-1

G. PUBLIC EMPLOYEE DISCIPLINE/DISMISSAL/RELEASE

Tim Brooks
One Case

(Pursuant to Government Code § 54957

 EXHIBIT G-1

 

H. PUBLIC EMPLOYEE EMPLOYMENT/APPOINTMENT

Tim Brooks
Principal, Elementary School
Principal, Middle School

(Pursuant to Government Code § 54957)

 

I. CONFERENCE WITH LABOR NEGOTIATORS

District Negotiators: Kirsten M. Vital/Tim Brooks/Clark Hampton
Employee Organizations:

    1. Capistrano Unified Education Association (CUEA)
    2. California School Employees Association (CSEA)
    3. Teamsters
    4. Capistrano Unified Management Association (CUMA)

(Pursuant to Government Code § 54957.6)