Posted by James V. Lacy at 12:00 am on Dec 18, 2006 Comments Off on Trial date set in Capistrano U.S.D. open meeting lawsuit
Orange County Superior Court Judge Michael Brenner today set
June 4, 2007 as the opening day of the anticipated trial against
the Capistrano Unified School District for claims of multiple
violations of the state’s open meeting law, the Brown Act.
Under the tenure of former Superintendent James Fleming, the
scandal-ridden Capistrano school district has seen a number of
legal problems that have led to the resignation of Fleming,
including a District Attorney investigation, an ABC 20/20
investigative story on district finances, a lawsuit involving use
of racial preferences in school decisions, and the open meeting
lawsuit.
Plaintiff Ron Lackey of Dana Point brought the Brown Act lawsuit
to address claims that the district Trustees illegally met with
Fleming in closed session on June 30, 2005 and conspired to limit
Lackey’s right to participate in public session meetings, which are
guaranteed under the Brown Act. Lackey’s lawsuit seeks
declaratory and injunctive relief against the district to enforce
the provisions of the open meeting law and restrain the district
from future violations. Former district press spokesman David
Smollar has already… Read More