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Citizen Watchdog Resurrects Lawsuit Against Capo School District

San Juan Capistrano resident Jim Reardon alleges a "devious scheme" by Capo Unified trustees violated the state's open-meeting law when the district reinstated two classroom days last year.

 

It’s not dead after all.

When a Superior Court judge recently ruled that the Capistrano Unified school board didn't have to admit it violated state meeting laws after correcting the alleged violations, he left the door open for the plaintiff to amend and resubmit the lawsuit.

San Juan Capistrano resident and CUSD critic Jim Reardon has done just that with allegations that the school board "engaged in a devious scheme to conceal the truth of its actions from the public," according to court paperwork filed this week.

Reardon filed his original lawsuit in March, claiming school board trustees violated the Ralph M. Brown Act numerous times as they reinstated furlough days for all employees and partially restored teacher salaries.

In August, after Temporary Judge James Loveder ruled in favor of Capo Unified, Superintendent Joseph Farley said in a statement, “It’s unfortunate that we had to spend so much time on the issue.”

Now, the two parties are headed back to court Dec. 5, when the school district will once again petition a judge to halt the lawsuit in its tracks.

The school district is arguing in its paperwork, as it successfully did in August, that it already corrected and cured any potential Brown Act violations at a special meeting in March.

In addition, the school district points out that a report from the Orange County District Attorney's office found no violations of the Brown Act.

The amended lawsuit focuses on the restoration of furlough days for administrators and Teamster union employees. According to public records, at various public and closed-session meetings, the board never specifically voted to reinstate furlough days for those employee groups, said Wayne Tate, Reardon's lawyer.

Despite the lack of a formal vote, internal emails Tate submitted to the court this week show that furlough days were reinstated to all employees, including the Teamsters and management personnel, back in December, when the restored furlough days for teachers were announced.

In a Dec. 13 email, Ron Lebs, deputy superintendent of business services, directs the restoration of furlough days to apply to all employee groups. In an email the next day, the announcement is sent to all managers.

"All employees will have both days restored to their work calendar with the corresponding salary increase," Lebs wrote on Dec. 14. 

A Dec. 15 press release announcing the return of two days to the academic calendar said the decision was made "according to negotiated agreements with employee groups." However, Tate said, the Teamsters' contract doesn't have any language allowing automatic restoration of furlough days and the Capistrano Unified Management Association doesn't even qualify as a collective bargaining unit.

Both groups should have been addressed in separate votes by the board, he said.

But when it came to "correcting and curing" possible Brown Act violations at the March special meeting, the only vote confirmed outside of the original contracts was the one from Jan. 11 adding two days to the academic calendar, which at the time was described as a housekeeping item for a decision already made. 

"If you want to give furlough days, that's your perogative, but do it right," Tate said. "They won't admit they did anythig wrong. This is the same school district that tells students to be moral, to be ethical. We expect more of students than we do of the administrtors."

The lawsuit demands that the school board:

  • Conduct all its business in the public eye, to the greatest extent allowed by state law
  • Publicly disclose the details of closed-session votes on Dec. 7 and Dec. 13, 2010, and Jan. 26
  • Acknowledge that its consent-calendar vote on Jan. 11 to add instructional days to the district calendar did not restore the furlough days themselves  
  • Acknowledge that the special March meeting designed to cure and correct Brown Act violations did not include any actions that actually restored furlough days or pay
  • Tape its closed-session meetings for the next three years
  • Admit it violated the Brown Act on multiple occasions
  • Acknowledge it has never voted for restorations for management and Teamster members, and declare those restorations null and void

jollygirl

7:22 am on Friday, November 25, 2011

Ummm...how would it be possible for the district to restore 2 schools days without bus drivers and administrators. Should the teachers go it alone on those days? This is simply madness Mr. Reardon. Please stop and let the limited funds be spent on what matters rather than lawyers fees.

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Capo Parent

8:04 am on Friday, November 25, 2011

Jollygirl

You don't get it. If the board wanted to restore furlough days for CUMA and the Teamsters it needed to vote to do so since neither unit had automatic restoration language. Also, you seem to forget that just a couple of years ago adminstrators took furlough days while school was in session. As for the bus drivers, how many are left? Bus service has been cut to the point where only a small number of students are bused. I'm sorry the facts get in the way of your agenda. As for your comment about "limited funding" it appears that reality doesn't extend to the unions. Millions of "limited" funding given back since last December, with another roughly $400,000 given back at the last meeting. Farley and several trustees lied about what they did and didn't do, but your ok with that because you personally benefit and it serves your agenda. Hypocrisy at its finest.

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jollygirl

8:42 am on Friday, November 25, 2011

So you would expect them to work without being paid. What is your take on the hundreds of thousands of dollars spent over the last 4 years on lawsuits and criminal charges that have proved to be groundless time after time? I get that this has caused financial and emotional distress for everyone in the district for no other reason than a grab for power and attention.

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Capo mom

8:01 pm on Friday, November 25, 2011

jollygirl,
We know you "get it" every time you deposit your CalSTRS check.
And that is the real point, isn't it?

You aren't concerned with students in CUSD, the quality of instruction, the transparency of elected officials or anything else as long as the money continues to flow your way.

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jollygirl

8:13 pm on Friday, November 25, 2011

Capomom, I try not to reply to your attempt at personal attacks. As soon as you identify yourself I will be happy to do so. Your assumptions about the motives of anyone who belongs to one group or another only serve to undermine your credibility. Surely you aren't saying that the minute one retires they care only about themselves? That is similar to your attempts to define all teachers as greedy and self serving when everyone knows that is far from the truth. Why can't you make your point without demonizing the other side?

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Capo mom

8:37 pm on Friday, November 25, 2011

No jolly girl, I am not saying that this happens the moment one retires.
I am saying that die hard union supporters like you have always held this as a top priority.

Fortunately not all teachers think that way.

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jollygirl

8:57 pm on Friday, November 25, 2011

And you base this opinion on what?

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Capo mom

9:31 pm on Friday, November 25, 2011

I base my opinion on your posts
and your willingness to support the following;
- teacher lay offs and class size increases to support step and column increases for union members;
- to defend incompetent and /or immoral teachers;
- to support a campaign for trustees that was financed by big labor and predicated on lies;
- to defend the shadowy actions those trustees once elected when they apparently lie, cheat and steal from CUSD and its students.

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jollygirl

9:59 pm on Friday, November 25, 2011

Wow...serious charges. And about as credible as the rest of your charges against those who disagree with you. Let's keep this on point please. Since you actually have no knowledge about me personally and I certainly don't claim to know who you are let's keep this about the issues. Feel free to disagree with me but please refrain from making ridiculous and unfounded accusations. It only reflects on you personally.

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Penny Arévalo

7:34 am on Saturday, November 26, 2011

Please don't use the comments section to attack one another but focus on the news and the newsmakers. Thanks!

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Capo mom

3:52 pm on Saturday, November 26, 2011

Penny, it is your playpen ;)

But the premise of the status quo in CUSD is based on character assassination.

Kim

9:42 am on Friday, November 25, 2011

Well, well well, are we just suppose to sit back and take another hit from our school district? Does the school district know the meaning of right v. wrong, have they even heard of the Brown Act, or are they just living with-in a system that forces them to act arrogantly and above the law? Great lesson for our children to hear, that law applies to some but not others. Where is the accountability? Thank goodenss for people (Mr. Reardon) that are willing to take on the wrongs, it's a matter of principle.

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RSM Dad

10:28 am on Friday, November 25, 2011

But that is the lesson that the union hack teachers teach. Until the union is taken down, it will be the sdame. Especially when you have RINO union enablers like Anna Bryson on the board. She was the sellout on restoration and is culpable in the illegal activities on the secret votes that perpetuated the lawsuit to begin with. Maybe if Jollygirl is so concerned about the cost, she will have the union DEMAND that the board admit guilt and make the lawsuit go away.

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shelly

7:26 am on Monday, November 28, 2011

RSM Dad,
In the last election Trustee Bryson ran against the candidate that the union supported. She won against the union backed candidate. She ran with Trustee Addonizio. She was on the former board. She was on the former board who did not negotiate and imposed a contract on the teachers. "illegal activities on the secret votes" What? They have discussed openly what occurred at the December meeting.

Do you really believe that calling teachers, "hacks" is helpful to your cause? Do your children go to CUSD schools with these teachers you call hacks?

Capo mom

10:53 am on Friday, November 25, 2011

This situation is about as transparent as mud.

Our newly elected "transparent" board votes at their very first meeting (according to Superintendent Farley) to restore pay as payback for their major campaign donors.
A report to the board on Jan 11, 2011 says it was actually done on December 13th.
Marcus Walton says no vote was taken because no vote was needed.
The March meeting was to correct and cure something that never happened.
And money was just gifted to CUMA members and bus drivers (didn't know we had any bus drivers left).

I can't understand how the DA's investigation made any sense of this. But if what Capo Parent says is true, it looks like Farley and a few of the trustees may have lied to the DA's investigator. That is pretty serious.

One has to wonder why they don't just admit what they did and make the whole thing go away. That would certainly save the district the legal expenses.

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shelly

7:39 am on Monday, November 28, 2011

The newly elected board contained 4 former board members. Trustees Addonizio and Bryson were re-elected and Trustees Brick and Palazzo were still on the board. Only three new board members were newly elected. The former board who signed the contract that contained the trigger language still had majority.

Was the ADA increased beyond what was expected, capo mom? Did the contract that the former board imposed and then add trigger language to call for added funds to teachers if money came back to the districts?

Did Superintendent Farley state that they voted to restore to pay back to their major donors or are those your words? Because I believe that is slander if it is untrue. And who were the major campaign donors of Trustee Bryson that she was voting to payback? She ran against the union backed candidate and won.

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Capo mom

2:54 pm on Monday, November 28, 2011

"Did Superintendent Farley state that they voted to restore to pay back to their major donors "
idk.
You tell me.

"Now, however, Farley says the board did discuss and vote on the restoration of the school days and salary during the Dec. 7 closed session. The Dec. 7 meeting was the first of the newly composed board since the Nov. 4 election recall ousted two board members and failed to re-elect a third.

“The board discussed whether or not we wanted to ignore the settlement agreement, and the decision of the majority was we would not,” Farley said Friday. “I said, ‘Given the seriousness of this, I would like a vote.’ ”
Decision of the majority = vote

http://sanjuancapistrano.patch.com/articles/new-story-emerges-school-board-voted-to-restore-days-salary-in-closed-session-dec-7

Jack Brick's daughter is a teacher and he doesn't behave like someone in control of his faculties. That is why the union's board nominated him to be board president but won't let him run a meeting.
Anna Bryson really enjoys the sound of her own voice and blows with the wind.

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shelly

7:25 am on Tuesday, November 29, 2011

Capo Mom,
If as you say "idk" and you state you don't know, why then did you state, "(according to Superintendent Farley) to restore pay as payback for their major campaign donors"? (capo mom)

Can you please state who the union's board is? Trustees Brick, Bryson, Addonizio and Palazzo were not supported by the union. These Trustees were all backed and supported by the same people. Trustee Bryson ran with Trustee Addonizio in the last election. She won against the candidate the union gave some funds to.

SJCNative

3:52 pm on Friday, November 25, 2011

Thank you Jim Reardon for watching out for us. I am thankful for people like you who put their time and money into something they believe in, rather than just lip service and complain. Thank you.

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shelly

7:04 am on Monday, November 28, 2011

The former school board imposed a contract on the teachers. The teachers went on strike. The former board then signed a contract that contained trigger language. If the state put more money into education then the trigger would be met. The state then paid more ADA then expected. The trigger was triggered contractually. After the strike and the negativity that engulfed our district the majority of voters decided they would like a change. By their votes they also believed that some of the former board members did not act in the best interest of the students of CUSD. Three new board members were elected and 4 former board members, Trustees Addonizio, Bryson, Brick and Palazzo remain on the board.

Calling the teachers "hacks" is disrespectful. These are the people who work with our children everyday. I have 4 children in CUSD schools. If I believed the people teaching my children were hacks my children would not be in these schools. Beating up on people, like jollygirl, who worked in our district loyally for years is disrespectful. So there is no respect for teachers who gave 30, 40 plus years to our district and educated thousands of students? They paid into their retirements and earned their pensions. What do you want for them? Homeless, working at McDonalds, etc.

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Capo Parent

8:36 am on Monday, November 28, 2011

Shelly

Explain how CUMA and the Teamsters were restored furlough days and pay for those furlough days without a board vote. I suggest you reard carefully the documents submitted on behalf of Reardon with the court. CUSD had already decide by December 13th, if not sooner, to give furlough days and pay for the furlough days back to all the employee groups, in particular, CUAMA and the teamsters, without the board voting to do so. Last I checked, that is a blatant violation of the Brown Act.

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shelly

2:44 pm on Monday, November 28, 2011

Capo parent,
You cannot safely run the schools without CUMA and the Teamsters. So if you restore days then it would be assumed that these employees would be there. Could you please explain to me what should have been done when the state came back with more ADA than expected. The current board did not sign the contract. The former board did. The current board needed to either honor or not honor a legal document the former board signed. The former board imposed a contract and when the teachers and many, many parents of CUSD went on strike the former board added trigger language to the imposed contract. The contract contained language in it that restored some of the paycuts if the district received more money than anticipated. Capo parent and Jim Reardon, Should the current board not have honored the contract the former board signed when the ADA increased? I would suggest that people who read the article and this comment section read up on the issue. Read up on the vote that was asked for and taken at the very first meeting of the current board and then discussed in public at a public meeting. What exactly do you believe is hidden? The board accused of breaking the brown act was a brand new board at their very first board meeting that contained 4 former board members and 3 new board members. It was the very first meeting of the new board. People want to paint the board as all union supported but 4 out of the 7 were not supported by the union.

jollygirl

1:46 pm on Monday, November 28, 2011

May I weigh in on this? I am questioning the lawsuit as a means to solve every problem. The schools can't operate without CUMA employees (someone has to be available for administrative issues...at the site or at the district) and Teamsters (there are fewer busses but students who rely on them still need them to get to school) so why would someone sue to have them unavailable on a restored furlough day? I don't know much about the Brown Act except that it seems to be a slippery slope and is often very difficult to interpret. Perhaps Mr. Reardon and his lawyer might spend their time working on revising this poorly written law rather than using it to advance some political agenda or another.

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Capo mom

3:08 pm on Monday, November 28, 2011

Nice revisionist history.
The original action on this issue proposed solutions that were outside of the courtroom. CUEA's board rejected those solutions because they knew their hands were dirty and, coming off the campaign they had just run, understood the implications.

Schools can and have operated safely without CUMA members and teamsters. But the larger issue is transparency ... something that doesn't favor your cause.

The Brown Act is a slippery slope and difficult to navigate only you are making back room deals.
I hope Mr. Reardon and his lawyer don't spend their time working on revising it.
But I get why you'd wish for it.

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shelly

8:57 pm on Monday, November 28, 2011

Capo mom,
The accusation of the Brown Act violation occurred at the first meeting of a just sworn in board. The new board consisted of 4 former board members and 3 new board members. Trustees Addonizio and Bryson were incumbants and just won back their seats. Trustee Bryson ran against a candidate who was supported by the union. I wish the board meetings had continued to be taped but the former board voted to stop taping their closed sessions during the time they were negotiating with the teachers. Why? Can you please explain what you mean by "they knew their hands were dirty"? As for transparency the new board discussed in open session what they had discussed in closed session.

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shelly

8:59 pm on Monday, November 28, 2011

capo mom,
Can you please cite recent examples of when schools ran without CUMA and Teamsters?

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Capo Parent

4:02 pm on Wednesday, November 30, 2011

Shelly & Jollygirl

Short answer, you're dead wrong. Schools don't need CUMA or the Teamsters to be operated safely. Where do you come up with this BS? Administrators have been rotating at most schools in order to achieve the mandated furlough days while still having administrators at school. Point to one instance where all CUMA members took furlough days at the same time. As for the bus drivers, how many are actually left in CUSD? Well over 95% of CUSD students get to school without busing. Like CUMA, bus drivers can take furlough days at different times in order to ensure coverage of the meager bus service still provided.

I am amazed, but not surprised at how you can both defend obvious violations of the law.

Since you don't get I'll try making it simple. Unlike CUEA & CSEA, CUMA and the Teamsters do not have automatic restoration langauge. Under the Brown Act, the board has to vote to restore furlough days and the pay for CUMA and the Teamsters, but it has never done so. That is one obvious Brown Act violation. As for the claim the law is poor written, it appears only those who violate it or condone its violation believe it is poorly written.

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shelly

7:04 am on Thursday, December 1, 2011

Capo parent,
Please cite recent examples of when schools operated without any CUMA and Teamsters employess.

Matt Gaffney

2:02 pm on Monday, November 28, 2011

This is the same Supt. who keeps jerking around a fine man like Eric Patton. Farley's vendetta against Eric has gone on for quite some time now without any results being published. He's making Jim Fleming look good. What's it say for the Trustees that hired the pinhead?

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Capo mom

7:27 pm on Tuesday, November 29, 2011

What amazes me is after a strike and a bitter campaign costing hundreds of thousands of dollars, the union's board broke the law at their very first meeting and has sought to mislead the public about it. If it were a simple misunderstanding, you'd think they just say so. I believe that is all the lawsuit really asks for.

But that isn't what we are witnessing. We have seen secret votes and denials, a non public press release, a meeting called to (not) correct and (not) cure something that (never) happened, lawyers hired, a misleading notebook given to the DA. It should all kinda makes you wonder ...

But beyond that, they violated the Brown Act and they know it.
The board's behavior is a clear statement of their priority. It is not our children.

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shelly

9:44 pm on Tuesday, November 29, 2011

Capo Mom,
Who is the union board? The current board is made up of Trustees Brick, Palazzo, Addonizio and Bryson who were not supported by the union. They were on the former board that did not negotiate with the teachers but instead imposed a contract on the teachers. Trustee Bryson ran against the union supported candidate and won. Trustee Alpay did not accept union funds. Trustees Hatton and Prichard did accept some donations from the union. So who exactly is the union board? The board is made up of 4 former board members not supported by the union and 3 new board members. Who is the "union board"? Simple question. What secret votes? They redid everthing that they did in the December meeting in a public meeting. Please tell us what the secret votes are?

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just a parent

11:57 am on Wednesday, November 30, 2011

I'm tired of those who continue to mischaracterize the current board as a "union" board" or "CUEA's board."

Per the "reform CUSD" website:
"November 3, 2010 REFORM TRUSTEES WIN ELECTION VICTORIES – AND STOPPED THE UNION TAKEOVER!!! Our CUSD Reform Trustees Anna Bryson and Ellen Addonizio each won decisive election victories yesterday -- thereby stopping the union takeover attempt."

The school board is made up of 7 distinct people, each with their own viewpoint, as a governing body should be. Most of the trustees did not accept campaign help from CUEA. A couple did. So what? I seriously doubt that trustees whose children attend CUSD schools do not make children their priority, as some have opined.

As far as the Brown Act, Mr. Reardon only seems to take notice of potential brown act violations when the board is not supported by Mr. Reardon. He was mute when a judge confirmed that the board he supported violated the brown act in 2008. A judge recently threw out his last Brown Act claim. Therefore, I now consider his claims selective and not credible. Unfortunately, the district has to spend a lot of time, energy and money defending the myriad of unfounded complaints and lawsuits brought forth by Mr. Reardon...unfortunately.

Capo Parent

4:13 pm on Wednesday, November 30, 2011

just a parent

Where were you in 2008? If you were so concerned with a Brown Act violation in 2008 why didn't you take steps to address it? You're attacking him becuase he, unlike you, puts his money where his mouth is. He has a lot more credibility than you. As for the current legal action against CUSD for Brown Act violations, let's see how the court rules on Reardon's amended complaint before you (and others) start crowing. As for the amount of money CUSD has spent on the lawsuit, maybe if it had simply acknowledged it made a mistake and took the necessary steps to correct the mistake it is highly likely the legal action would not have been filed. Unfortunately, that is too logical and reasonable for CUSD.

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just a parent

11:03 pm on Wednesday, November 30, 2011

Actually, I'm not really that concerned with Brown Act violations in 2008 or now. I think CUSD leaders are doing their best to comply with the law and they have been for quite some time. In fact, l agree with Mike Winsten's statement from the article below: “The Brown Act is so vague and ambiguous. Everyone is doing their best to comply with it.”
http://www.firstamendmentcoalition.org/2010/03/capistrano-schools-held-in-violation-of-californias-open-meeting-laws/

My point was that if Mr. Reardon was truly concerned about the "Brown Act," I would think that, in 2008, he would have registered concern about the violation confirmed by a judge--he did not.

In this case, I think that the real issue is that Mr. Reardon disagrees with the restoration of pay to the employees of CUSD. The Brown Act is simply a vehicle to register his displeasure and try to discredit the district. Political fodder.

My concern is a history of needless and relentless litigation. Mr. Reardon seems to have filed numerous lawsuits against CUSD--most of which have amounted to nothing. Litigation should be a last resort. It is expensive in time, energy, and money. It does not benefit students and should be an absolute last resort. Sorry, that's just what it seems like to me.

I'm not going to argue with you, Capo Parent, I just thought a different opinion might be due.

shelly

10:03 pm on Wednesday, November 30, 2011

Capo Parent,
Why does it matter where just a parent was. The board was actually found by the court to have violated the Brown Act. The board redid what it did in the December meeting in a public meeting. So taking thousands of dollars out of the classroom in these financial times just to have someone simply acknowledge a possible mistake is worth it? Does that seem logical?

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Capo Parent

10:13 am on Thursday, December 1, 2011

just a parent

Nothing wrong with another opinion. However, what other lawsuits has Jim Reardon filed against CUSD?

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Capo Parent

11:54 am on Thursday, December 1, 2011

Shelly

Huh? Your last post makes no sense. The current board has had many opportunities to admit its mistakes and take the steps to correct the mistakes. Instead of doing so it continues to claim it has done nothing wrong. I don't recall you crticizing CTA when it filed the Brown Act lawsuit in 2008 that cost CUSD over $100,000. It appears you have a double standard.

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shelly

11:21 pm on Thursday, December 1, 2011

Capo Parent,
I don't recall you defending the CUEA's decision to file a Brown Act lawsuit but then again I don't know you so maybe you did. Did you?

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Capo Parent

8:34 am on Friday, December 2, 2011

Shelly

I have never criticized CUEA's right to file a Brown Act lawsuit, in particular, the action it filed in 2008. However, you criticize Reardon's filing of a Brown Act lawsuit as a waste of CUSD money. I assume you have the same opinion regarding the Brown Act lawsuit filed by CUEA in 2008, that it was a waste of CUSD money, right? Or do you have a double standard, ok for CUEA (teachers) but no ok for private citizens (Reardon) to file Brown Act lawsuits against CUSD.

shelly

1:43 pm on Friday, December 2, 2011

Capo parent,
So you defend the CUEA's right to file a Brown Act lawsuit. Good for you Capo parent. CUEA or Reardon if the act of filing a lawsuit is to simply point out the other is wrong and take money from the classroom then I am against it.

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