Posted by James V. Lacy at 12:00 am on Feb 13, 2007 Comments Off on Capistrano Unified settles Brown Act claims
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… Read More