Last night the Capistrano Unified School District Board of Trustees in south Orange County approved a settlement of claims of violation of the Brown Act open meeting law that occurred during the troubled administration of controversial former Superintendent James Fleming. Under the terms of the settlement, CUSD must audio-tape closed session meetings for one year, provide for Brown Act training for Trustees and staff, and pay attorneys fees in the amount of $16,000 to Plaintiff Ron Lackey.
According to the original lawsuit filed by frequent CUSD critic Lackey, the Trustrees and Fleming met in closed session on July 30, 2005 to purportedly discuss Fleming’s performance appraisal. However, during the meeting, the Trustees covered over 30 different topics of discussion, including an illegal discussion about limiting the time available to Lackey to address the Board during their public sessions. In settling the case, CUSD made no admission of violation of the Brown Act, but agreed to a series of remedial actions similar to what a Judge could impose if a violation were found as a result of a trial.
I was pleased to have served as counsel to Lackey in this Brown Act private enforcement case.