San Diego Unified School District (2008)
(formerly of Parham & Rajcic
and Orange County Office of Education)
2

Bresee  put Assistant
Superintendent Richard
Werlin on the stand to
quote JoEllen Hamilton.
JoEllen Hamilton was
kept out of the
courtroom.

Hamilton had
contradicted Werlin in
her deposition.
Months earlier, the
true document
had been submitted to
PERB.
How did Mark Bresee win the
Larkins OAH case for CVESD?
1.

Atty. Mark Bresee
of Parham & Rajcic,
who went on to work
at Orange County
Office of Education and
San Diego Unified
School District
(2008), submitted a
phony document,
prepared by Rick
Werlin, to OAH
.
None of the teachers listed
below
appeared to testify at CVESD
OAH hearing.

Most likely this occurred because those teachers who
had been deposed had contradicted themselves and
Richard Werlin.  

Maura Larkins' own attorney Elizabeth Schulman
refused to point out to the Professional Competence
Commission that the district's witnesses contradicted
themselves and each other.

Instead, she and Mark Bresee agreed to have notes
written by these people accepted into evidence as if
the writers had been sworn in.

Legal Question #1:
Are these teachers therefore guilty of perjury?

Legal Question #2:
Did the lawyers violate the law?
The Capistrano
Dispatch

"The Capistrano Unified School
District board of trustees approved
the contract for Superintendent A.
Woodrow Carter on June 2, but not
before three trustees walked out in
protest.

"The contract passed 4-0 after
trustees Ellen Addonizio, Larry
Christensen and Anna Bryson left.

"... the board voted to
rescind the contract it had
approved February 25,
based on legal counsel from
Mark Bresee of the Orange
County Department of
Education.

"The rescinded contract had
garnered controversy after
claims that a “golden
parachute” was later
inserted without board
approval, violating the
Brown Act.

[Maura Larkins' note:  It looks
like Mark Bresee is taking
lessons from San Diego's
Homero Suarez, who changed
his own contract.  The
GCCCD
board approved, and offered
Suarez indemnification for any
wrongdoing past or future.]

"...Though Carter signed the
contract, he is not accepting the
full amount of $273,000 annually...
he would be back-paid if and when
he decides to accept the
contracted amount..."

[More about Capistrano School
District]
SAN DIEGO EDUCATION
REPORT
mauralarkins.com
San Diego County Office of Education (SDCOE)
Site Map
Attorneys who have helped cover up wrongdoing by
submitting untrue testimony
and falsified documents in schools are in charge of training
both new board members and new school attorneys.
California Council of School Attorneys CCSA/CSA Joint
Annual Meeting
November 29, 2007
San Diego Marriott Hotel & Marina
Session for New Attorneys and for Those Who Can’t
Remember: The Basics of Personnel/ Student Discipline/
Client Relations

Mark Bresee, Counsel, Orange CDE
Mark Bresee!
Who trains new school
attorneys?
3.

Werlin was apparently
told--perhaps by
Bresee-- to woo  
Larkins' attorney

Elizabeth
Schulman
with stories about his
family connections
being similar to hers.  
Werlin did so, to great
effect.  Schulman kept
evidence out of the
hearing about Werlin's
wrongdoing.
4

Bizarre antics on the
part of Judge Ahler, who
took panelists into a
side room while COURT
WAS STILL IN
SESSION, and later
claimed that documents
accepted into evidence
and recorded in his own
handwriting
did not
exist.  
Why did Mark Bresee need to do these things to
win?
Because he was
covering up crimes.
Attorney Mark Bresee

Bresee CVESD  
hearing

Bresee's Phony
Documents

Bresee and OAH

Bresee and school
attorneys

Bresee and Schulman

Missing Bate-stamped
docs

Bate-stamped docs
produced
A few Bresee Court Cases

CVESD v. Larkins

D034530        Kidder v. Grossmont Union High School
District, et al.
Cause called on merits.  Mark Robert Bresee, Esq. argued
for respondent.  Michael J. Kumeta, Esq. argued for
appellant.  Cause submitted.
COURT OF APPEAL OF STATE OF CALIFORNIA
FOURTH APPELLATE DISTRICT--DIVISION ONE
September 11, 2000


State of California, Court of Appeal
Fourth Appellate District, Division 3
May 23, 2001
CIVIL
SUSAN DOWLING v. IRVINE UNIFIED SCHOOL DISTRICT
G022641
Merits. Cause called. Michael L. Gilmore argues for
appellant.
Mark R. Bresee argues for respondent. Cause submitted.
CIVIL PBI MARKET EQUIPMENT



Torrance Unified School District
Minutes of the Regular Meeting of the Board of Education
December 10, 2007
Ratification of Agreement with Mark Bresee, Esq. for
Personal Liability Litigation Services
Castle Park Teacher
Reports
SDCOE's Dan Shinoff is the
"eraser" and
Mark Bresee helps
with the paperwork.
CUSD Superintendent
Accepts Pay
By Lacey Nadeau
San Clemente Times
Jun  6, 2008

“What matters is what you
do tonight to correct and
address all of that,”
Bresee told the board..."


"...The approval of the new
contract, which does not
include the above phrase,
passed June 2 with only four
votes, as trustees Ellen
Addonizio, Larry Christensen
and Anna Bryson walked out
of the meeting.

Christensen excused himself
after saying he wasn’t
comfortable voting and feared
the board was in violation of
the Brown Act.

Addonizio expressed
frustration that the contract
the trustees rescinded wasn’t
the contract with the
controversial phrase...
SAN DIEGO UNIFIED SCHOOL
DISTRICT
MEETING OF THE BOARD OF
EDUCATION
TUESDAY, AUGUST 5, 2008


...A.02. Pledge of Allegiance
...D. Board Member Items
...D.03. Employment
Agreement with Mark
Bresee, General Counsel
E. Action/Information Items -
Human Resources, Labor
Relations and Ethics...
K.22. Agreement with
Higgs, Fletcher & Mack, LLP
San Diego Unified School District Board Actions for July 8, 2008...
Luis Acle, John de Beck, Shelia Jackson, Mitz Lee and Katherine Nakamura present. The board made
the following appointments/reassignments, with effective dates to be determined
...BRESEE, Mark,
General Counsel...
Downloaded Aug. 5, 2008:

SDUSD
Legal Office Staff

Theodore Buckley--
REPLACED BY MARK BRESEE
General Counsel
tbuckley@sandi.net  

Diane Harrelson
Legal Secretary II
dharrelson@sandi.net

Jose A. Gonzales
Deputy General Counsel
jgonzales@sandi.net   

Adel Epley
Legal Secretary I
aepley@sandi.net  


Sandra T.M. Chong
Assistant General Counsel
schong@sandi.net   

Bonnie Roe
Legal Secretary I
broe@sandi.net

Patrick Frost
Assistant General Counsel
pfrost@sandi.net   

Lydia Oakes
Legal Secretary I
loakes@sandi.net  
San Diego Unified School District
What are San Diego
Unified School District
trustees thinking?

When you fire your lawyer, but you
keep paying him, it looks like you
wanted him to do the things that got
him fired, but you fired him anyway
so that you look good.  This appears
to me to be
indemnification of a
public entity lawyer, and it doesn't
smell good to me.


By EMILY ALPERT
Voice of San Diego
August 6, 2008


"... [SDUSD] trustees gave the green
light to a $217,500 contract that
would allow attorney Mark Bresee to
keep his paycheck and health
benefits for up to a year if he were
fired. Bresee's salary is 16 percent
higher than the attorney he replaced,
Ted Buckley. And like the agreement
the school district struck with
Buckley, his agreement provides that
if San Diego Unified fires him, he will
continue to receive his salary and
benefits.

"Buckley was contracted to receive
his pay for up to 18 months; Bresee
would receive his for a year or the
remainder of his contract, whichever
is less. Buckley said the provision did
not apply because he had decided to
retire from the school district."
Principals Question A.M. Meeting on School Bond
Voice of San Diego

After Superintendent Terry Grier asked principals to attend a meeting about
volunteering to help pass Proposition S, the $2.1 billion facilities bond on the
ballot for San Diego Unified schools, principals union leaders and bond
opponents are concerned that the school district overstepped the line
between informing its employees and advocating.

High school principals received an e-mail from their supervisor asking them
to "please attend" an early morning meeting at the Girl Scouts headquarters,
which is not a San Diego Unified building. Nobody knew what the meeting
was about, said Bruce McGirr, president of the Administrators Association.
They were surprised when Grier began speaking about the bond measure
and asked them to sign up for phone banks touting Proposition S.

Bond campaign consultant Larry Remer said the meeting was held to solicit
volunteers to help pass Proposition S, and to inform principals of how to
avoid violating the law, which bars them from using public resources to
campaign.

"Everybody was there on their own time as a volunteer and it wasn’t on
school property," Remer said, adding that he did not call or lead the meeting.

But McGirr said it left principals "a little bit queasy. It didn’t seem very
voluntary to anybody."

An outside expert said the meeting steered clear of campaigning with district
funds because the meeting was not held on San Diego Unified property. As
long as the employees weren’t expected to be at their schools, it probably
wasn’t a violation, said Robert Stern, president of the Los Angeles-based
Center for Governmental Studies. Principals have no set work hours listed in
their agreement with San Diego Unified.

"If they’re not expected to be in school, it’s not a problem," Stern said. "It
might raise some questions in terms of forcing people to be there, but it
doesn’t seem like any money was expended."

Parent blogger Paul Bowers has an interesting take on the meeting and how
it could impact the dynamic between Grier and principals, who have voted to
unionize:


For a man thwarted daily by the teacher’s union, why would he add fuel to the
rising fire of the Administrator’s Association? ... I’m surprised how poorly
Grier has treated his employees.  Principals are possibly his most important
set of employees. Clearly the low opinion he has for these boots-on-the-
ground workers will cost him their support.


I’m playing phone tag with school district attorney Mark Bresee, who
attended the meeting, about his understanding of the meeting and the law.

Update: I spoke yesterday with Mark Bresee, general counsel for San
Diego Unified, who said he voluntarily attended the meeting. He
characterized it as an informational meeting to explain that principals
could not use school district funds, supplies, services or equipment to
promote the passage or defeat of Proposition S, and to inform them about
volunteering opportunities. "The bottom line is, even if this meeting had
happened in the board room at 11 o'clock in the morning I still think it was
perfectly legal," Bresee said.


-- EMILY ALPERT
October 10, 2008
School Attorney Mark R. Bresee
Prosecutors: Capistrano
school board violated
state law

The board broke
open-meeting laws when
it gave its
superintendent a raise
at a closed meeting, but
it won't be subjected to
litigation because the
district is in financial
turmoil.

Los Angeles Times
By Stuart Pfeifer
September 11, 2008

The Capistrano Unified
School District board
violated state law by
awarding a pay raise to its
superintendent at a
meeting closed to the
public, the Orange County
district attorney's office has
concluded.

The vote earlier this year
on the pay raise marked
the latest in a series of
alleged violations of
California's open-meeting
laws by the Capistrano
school district board of
trustees, according to the
district attorney's report,
which was made public
Tuesday.

Prosecutors in the Sept. 2
report said they would not
pursue sanctions against
the beleaguered district
because the board later
rescinded the pay raise and
because the district is
having financial difficulties.

At its Feb. 25 meeting, trustees met in closed session and voted to award a
$58,000 pay raise to Superintendent A. Woodrow Carter and then failed to
disclose their decision in a public meeting, according to a letter to the district
signed by William J. Feccia, a senior assistant district attorney.

In addition, Carter signed a contract that provided him with $400,000 in
severance pay if the board fired him, even though the board did not discuss
such a benefit, Feccia concluded. Rather, the severance clause "appeared" on
the contract without the board's approval, Feccia said in the letter.

Capistrano schools trustees rescinded Carter's pay raise June 2 after a public
outcry about the manner in which it was awarded.

In its investigation of the pay raise, prosecutors listened to a recording of the
closed-door Feb. 25 meeting. The recordings revealed "a disturbing disdain, if
not outright contempt, on the part of some members of the [board] for public
opinion and their own constituents," Feccia wrote.

Two of the board members who voted to award the pay raise were recalled
from office June 24 and replaced by trustees who pledged to follow
open-meeting laws.

Before that recall, the district attorney's office had "seriously considered"
initiating legal proceedings against the board, Feccia wrote. Prosecutors
decided not to do that because the litigation would create a financial burden
for the district at a time of financial turmoil and because a new majority on the
board has promised to follow open-meeting laws.

stuart.pfeifer@latimes.com
San Diego Education
Report Blog
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Capistrano Unified School District
Parham &
Rajcic
Latest CVESD lawsuit:
the Danielle Coziahr case
Atty. Pamela Dempsey for
school district
Attys. Laura Joan Farris
and Dan Carroll for plaintiff

Dec. 2007
Pamela Dempsey loses
lawsuit against CVESD
California Council of School Attorneys
CCSA/CSA Joint Annual Meeting
November 29, 2007
San Diego Marriott Hotel & Marina
Session for New Attorneys and for Those Who
Can’t Remember: The Basics of Personnel/
Student Discipline/ Client Relations

Mark Bresee, Counsel, Orange CDE
1) Mark Bresee
of Parham/Rajcic and
Orange County Dept. Ed
Who trains new school
attorneys?
These attorneyes are in charge of training both
new board members and new school attorneys.
Blog posts re Terry Grier, Superintendent