California Teachers Union Warns Gateway School Board Of Alleged Multiple Violations of Public Transparency Law
The cautionary legal notice describes the actions of the Gateway Board at its latest public meeting as “profoundly undemocratic” and “unlawful,” alleging the school board violated California’s public transparency law by engaging in whispered discussions and by voting on how to recruit a new superintendent without first hearing public comment.
1.11.2023 11:09 am: This article has been updated to reflect a newly scheduled special meeting of the Gateway Unified School District Board on January 12 at 11 am to discuss anticipated litigation.
On January 4, around 150 people showed up for a meeting of the Gateway Unified School District Board at Central Valley High School.
Strong public interest was driven by the Board’s intent to discuss the selection process for a new superintendent after terminating the District’s long-standing Superintendent, Jim Harrell, on December 20.
The Board’s meeting was led by newly-elected Board President Cherill Clifford who, along with newly-elected Vice President Lindsi Haynes, and newly-appointed Clerk Elias Haynes voted to terminate Harrell on the 20th. Incumbent board members Phil Lewis and Dale Wallace opposed Harrell’s termination.
But while the public was present at the Gateway Board’s January 4 meeting, they were not allowed to comment on the superintendent recruitment process until the board had already taken a series of three votes on the matter. That decision angered the public and appears to have violated the Brown Act, a California law that’s intended to ensure the public’s ability to engage with and impact the actions of their elected officials.
The Board’s actions have drawn the attention of one of California’s largest teacher’s unions, the California Teachers Association (CTA), which was founded in 1863 and represents over 300,000 state educators, including staff in the Gateway district.
In a January 6 cease-and-desist letter written on behalf of Gateway staff, the teacher’s union warns the Gateway Board about its conduct during the January 4 meeting.
Concerning actions by the Board that day, CTA attorney Jacob Rukeyser wrote, include failing to allow for public comment before taking a series of votes on how to recruit a new district superintendent and conducting public business in secret by holding whispered conversations during the board meeting itself.
“As you were notified at the time,” the CTA’s letter says, “California law explicitly protects the public’s right to comment on matters before or during board action on them.”
“Just as concerning,” Rukeyser says, “is the fact that at that same January 4 meeting, individual Trustees engaged in whispered conversations with one another while in open session. Such secret discussions about matters agendized for open session deliberation and decision makes a mockery of the Brown Act’s mandate that the public’s business be transacted openly and transparently.”
Rukeyser continues, “We trust that upon due consideration, you will agree that the Board of Trustees’ actions at this week’s meeting were both profoundly undemocratic and also unlawful violations of the State’s Brown Act.”
A cease-and-desist letter is a cautionary legal notice used to warn alleged violators of the possibility of future legal action should their conduct persist.
The CTA’s cease-and-desist letter follows the Brown Act’s procedure for addressing violations by calling on the Gateway Board to provide a “written commitment” of its intent to “cure these (January 4 public meeting) violations by rescinding the actions taken regarding the Superintendent search, permitting public comment before or during Board consideration of and action on items, and refraining from engaging in secret communications.”
In a press release accompanying the CTA’s letter, Gateway Teachers Association President Michelle Davis wrote,
“Last week’s dismissal of public comment is not only unlawful and undemocratic, but it’s a blatant sign of disrespect to the community members in the district.”
Calling on Gateway’s Board members to seek out additional leadership training on how to effectively serve as an elected board, Davis continued, “Our students deserve a representative body who can lead and listen to the concerns of the community effectively and righteously.”
Gateway Unified School District is located in Shasta County and serves about 2200 students in eight K-12 schools, including charter and independent study programs, according to Shasta County Office of Education spokesperson Kerri Schuette.
Shortly after this story was published Shasta Scout was notified that a special meeting of the GUSD Board has just been scheduled for January 12, 2023 at 11 a.m. to discuss anticipated litigation. The meeting will be held in the District Board room at 4411 mountain Lakes Boulevard in Redding. You can see the meeting agenda here.
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