September 12, 2018 CUSD BOT Meeting - CLOSED SESSION
CAPISTRANO UNIFIED SCHOOL DISTRICT 
33122 Valle Road
San Juan Capistrano, CA 92675 
BOARD OF TRUSTEES MEETING  
Closed Session 4:00 pm 
Regular Meeting 7:00pm

Board Audio 

Oral Communications on Closed Session Items

Blue Card Dawn Urbanek - Toll Road on School District Property

There is still questions regarding who owns Parcel 82. I published the quit claim deed to put that matter to bed. CUSD owns Parcel 82. In fact all four of the parcels of land that Tesoro High Schools sits on are in the Right-of-Way for the 241 Extension from Oso to Cow Camp. There are clouds on Title that must be settled BEFORE construction of the Oso Bridge Gap Closure.

 

3. CLOSED SESSION (as authorized by law)

A. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION

Roll Call

Trustee Bullockus is absent

Report Out from Closed Session

Pledge of Allegiance

Motion to Adopt the Agenda

Motion by Trustee Gary Pritchard

2nd by Trustee Patricia Holloway

Passes 5-0-1 (Trustee Bullockus Absent)

Report Out from Closed Session 

Board Audio at 6:20

Ernest Bell was not in attendance- Associate Danielle R. Gigli attended in his place.

Trustees voted 5-0-1 to Approve Staff Recommendation (Trustee Bullockus was absent)

Gregory Merwin/Sara Young 
Attorney - Ernest Bell
Significant Exposure to Litigation- One Case

IDR Case Number 20180716 EXHIBIT A-1 

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

CUSDWatch Comment

Ernest Bell is with Atkinson, Andelson, Loya & Romo

Ernest Bell specializes in Special Education and Student Issues.

 

Board Audio at 5:42

Trustees gave Direction to Staff

Susan Holliday/Joshua Hill
Attorney – Anthony De Marco

Initiation of Litigation – One Case

(Pursuant to Government Code § 54956.9(d)(4))

CUSDWatch Comment

Anthony De Marco is with Atkinson, Andelson, Loya & Romo

Tony De Marco representsCalifornia public school districts and public agencies in all aspects of labor and employment law. His areas of practice include certificated and classified employee discipline, contract enforcement and arbitration, and general education law. He has represented employers before the Public Employment Relations Board, Department of Fair Employment and Housing, and the Office of Administrative Hearings. He is experienced in collective bargaining and is the chief negotiator for numerous school districts throughout the state.

 

Board Audio at 5:44

Trustees gave Direction to Staff

Clark Hampton Attorney –
Anthony De Marco

Significant Exposure to Litigation – One Case 

(Pursuant to Government Code § 54956.9(d))

CUSDWatch Comment

Anthony De Marco is with Atkinson, Andelson, Loya & Romo

Tony De Marco representsCalifornia public school districts and public agencies in all aspects of labor and employment law. His areas of practice include certificated and classified employee discipline, contract enforcement and arbitration, and general education law. He has represented employers before the Public Employment Relations Board, Department of Fair Employment and Housing, and the Office of Administrative Hearings. He is experienced in collective bargaining and is the chief negotiator for numerous school districts throughout the state.

 

B. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION

Board Audio at 5:53

Trustees Gave Direction to Staff

Capistrano Unified School District v. County of Orange

(OCSC #: 30-2017-00963064-CU-TT-CXC)

(Pursuant to Government Code § 54956.9(a))

CUSDWatch Comment

This is the law suit against the TCA for building a Toll Road on Tesoro High School Property.

CUSD is represented by Orbach Huff Suarez & Henderson

Four Complaints have been filed Against the TCA/CalTrans

Riverside Superior Court Case RIC 1800232

001 The City of San Clemente Law Suit can be viewed on the City website

002 The Reserve Law Suit can be read here.

003 CUSDs law suit can be read on the District Web Site

Orange County Superior Court 30-2018-00990885 

Coalition to Save San Clemente (A Civil Rights Case)

Next Court Date is September 24, 2018: Continued AGAIN! to 11-13-18

CUSDWatch Article: Monday September 24, 2018 - Big Day In Court For The Toll Road Law Suits

Letter from Dawn Urbanek to the Honorable Daniel A. Ottolia asking for the Court to Intervene to Protect the Staff and Students at Tesoro.

 

 For more information see: CUSDWatch: Case RIC1800232 - CITY OF SAN CLEMENTE VS FOOTHILL/EASTERN Case RIC1800232 - Complaints/Parties

 

Board Audio at 6:13

Ernest Bell was not in attendance- Associate Danielle R. Gigli attended in his place.

Trustees voted 5-0-1 (Trustee Bullockus Absent) to Approve Staff Recommendation for: 

OAH Case Number 2018040648 

OAH Case Number 2018050780

Trustees voted 5-0-1-1 (Trustee Bullockus Absent)(Trustee Reardon Recused himself) to approve Staff Recomendation

OAH Case Number 2018060410

Gregory Merwin/Sara Young

Attorney - Ernest Bell Significant Exposure to Litigation – Three Cases

OAH Case Number 2018040648 EXHIBIT B-1 
OAH Case Number 2018050780  EXHIBIT B-2 
OAH Case Number 2018060410  EXHIBIT B-3 

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

CUSDWatch Comment

Ernest Bell is with Atkinson, Andelson, Loya & Romo

Ernest Bell specializes in Special Education and Student Issues.

 

C. PUBLIC EMPLOYEE EMPLOYMENT/APPOINTMENT

Board Audio at 6:56

Trustees gave direction to staff 

Tim Brooks

Legal Specialist CPRA/Compliance EXHIBIT C-1 
Coordinator, Counseling and Student Support EXHIBIT C-2 

(Pursuant to Government Code § 54957)

CUSDWatch Comment 

 

Gordon Amerson Associate Superintendent Human Resource Services left CUSD to become the new Superintendent of Duarte Unified School District. He is being replaced by Tim Brooks, Executive Director Human Resources/ Investigations. 

Tim Brooks:

2006 Interim Principal at Arroyo Vista K-8

2008 Principal at Arroyo Vista K-8

20014 Director Personnel Services 

Tim Brooks, currently the Director of Personnel Services, has been appointed to the Executive Director of Personnel Services/Investigations. This position was created through the Road to Recovery Phase I in an effort to develop and implement a systems approach to investigating concerns and complaints. Mr. Brooks will work closely with Education Division leaders, site administrators, and classified managers as the District addresses and responds to complaints, concerns and allegations.

2015  Executive Director of Personnel Services/Investigations

2017 - present Tim Brooks is also a Consultant for Origin Career Consulting

D. PUBLIC EMPLOYEE DISCIPLINE/DISMISSAL/RELEASE

Board Audio at 7:11

Trustees gave direction to staff 

Kirsten Vital/Tim Brooks

One Case EXHIBIT C-3 

(Pursuant to Government Code § 54957)

*Note The agenda was revised to reflect this item as a separate item "D" rather than C-3