ACSA Online - Events - Pupil
Services and Special Ed... -
Published on: 1/14/2000
Last Visited: 9/1/2000
Howard Fulfrost, attorney,
Lozano Smith
Acknowledging that school
districts may not have the
resources to fulfill their
obligations to all children with
disabilities, the Individuals with
Disabilities Education Act
permits school districts to use
private schools and agencies
as a means of carrying out
federal and state special
education mandates.After
attending this workshop, a
school administrator will know
how to, among other things :.
Distinguish among the three
types of private school
students with disabilities and a
school district's obligations to
each under the IDEA and
related California law
;.Develop a policy for serving
parentally placed private
school students ;.
http://www.acsa.org/events/Pupil_Svcs_Special_Ed
This link has been broken
by ACSA (Association of
California School
Administrators):
Here's the message I got:
"Page Not Found
"The page you are looking
for is currently
unavailable."
Howard Fulfrost shareholder (from Lozano Smith website)
Location: Santa Monica Practice(s): Special Education
Howard J. Fulfrost is a shareholder in the Santa Monica office and co-chair of the firm’s Special
Education Practice Group. Mr. Fulfrost brings to the firm a wealth of knowledge regarding students
with disabilities and special education. He represents and advises school districts, county offices of
education, and Special Education Local Plan Areas with regard to all aspects of special education
law. A favored presenter at the firm's Special Education Legal Consortia, Mr. Fulfrost is frequently
asked to speak throughout the country on a variety of special education legal topics.
Prior to joining the firm, he was employed as staff counsel for the Division of Special Education at Los
Angeles Unified School District, the second largest school district in the nation. In that position, he
represented the District in hundreds of due process cases and provided ongoing legal support to
every level of District administration in all areas of special education law. Before law school, he
completed his Master of Arts degree in Developmental Psychology at Teachers College, Columbia
University, and coordinated a community-based program in two New York City high schools. As an
undergraduate, he was a student teacher in special education at the in-patient school at UCLA's
Neuropsychiatric Institute. His having been named a Southern California Rising Star for 2004 and
2005 evidences Mr. Fulfrost’s position as a leading education attorney in California.
Mr. Fulfrost earned his law degree from the University of San Francisco School of Law in 1993. He
holds a Master of Arts degree from Columbia University and a Bachelor of Arts from the University of
California, Los Angeles.
Howard Fulfrost
Lozano Smith
2800 28th Street, Suite 240, Santa Monica, CA 90405-6205
Phone: (310) 382-5300, Fax: (310) 382-5310
hfulfrost@lozanosmith.com
"Prior to joining the firm, Mr. Fulfrost was an associate, and then a
shareholder, with another California education law firm...["[A]nother
California education law firm"? Why not mention the name: it is Lozano
Smith.] ...While at that firm, he was co-chairperson of the Special Education
Practice Group – leading its growth to California’s largest and most well-
recognized special education practice." [and to sanctions from a federal
court!]
Here's the bio Mr. Fulfrost posted on the website of his prior firm, Lozano
Smith. The original web address was http://www.lozanosmith.com/attorneyprofile.asp?aid=64.
The following was cached by ZoomInfo.
Howard Fulfrost's former firm:
Lying, obstruction cited
in sanctions for law firm
Fresno's Lozano Smith, attorney
ordered to train in ethics
By Erin Kennedy
The Fresno Bee,
January 18, 2005
U.S. District Court Ruling
Fresno law firm Lozano Smith and its
attorney Elaine Yama have been
sanctioned by a federal judge
for lying, misrepresenting law
and facts, and intentionally
dragging out a case involving a
school district and a special education
student.
U.S. District Court Judge Oliver
Wanger fined the law firm, Yama and
Bret Harte Union High School District
in Calaveras County $5,000 each. He
also ordered Yama to take 20
hours of ethics courses and
Lozano Smith to conduct ethics
training for all of its attorneys
and shareholders.
Lozano Smith is one of the largest
education law firms in the state and
the main legal representation for
Fresno Unified, Clovis Unified and
many other local school districts...
Howard Fulfrost was a shareholder at Lozano Smith when the firm billed Bret Harte
Union High School District $500,000 for a case that could have been settled years
earlier for $8,000. After a federal judge ordered the lawyers at his firm to take an
ethics class, Howard Fulfrost left Lozano Smith law firm. He apparently is trying to
hide this fact.
Howard Fulfrost: member of the School Attorney
Advisory Board
LRP's Special Education School Attorneys Conference
Jan. 29 - 31, 2009
San Antonio Marriott Rivercenter
San Antonio, Texas
School Attorney Advisory Board
MELINDA BAIRD, Law Office of Melinda Baird, Jacksboro, Tenn.
JACK CLARKE, JR., Best, Best & Krieger, Riverside, Calif.
HOWARD FULFROST, Fagen Friedman & Fulfrost LLP, Los Angeles
ZVI GREISMANN, Montgomery County Board of Education, Rockville, Md.
VIOLA LORDI, Wilentz, Goldman & Spitzer P.A., Woodbridge, N.J.
KATHLEEN MEHFOUD, Reed Smith LLP, Richmond, Va.
GARY RUESCH, Quarles & Brady LLP, Milwaukee, Wis.
JIM WALSH, Walsh, Anderson, Brown, Schulze & Aldridge, P.C., Austin, Texas
CHARLES WEATHERLY, Weatherly Law Firm, Atlanta, Ga.
JULIE WEATHERLY, Resolutions in Special Education, Mobile, Ala.
GERALD ZELIN, Drummond Woodsum, Portsmouth, N.H...
Who Should Attend
"Registration Criteria
"To encourage open dialogue and discussion, participation in this conference is
limited. Registrants MUST BE ATTORNEYS who do not currently represent
parties with special education interests adverse to school districts."
[Maura Larkins' note: What exactly is it that participants WOULDN'T SAY if they
knew that someone with opposing interests was present? Would they keep
certain illegal tricks and tools of the trade secret?]
LPR Publications
Founded in 1977 by Kenneth Kahn, then a practicing employment law attorney, LRP Publications
has been serving business and education professionals for more than three decades. Originally
known as Labor Relations Press, the company first published case reporters for the legal
profession. As the company expanded into other specialty areas, it became known as LRP
Publications.
Today, LRP publishes two industry-leading magazines, Human Resource Executive® and Risk &
Insurance®, as well as hundreds of newsletters, books, videos and case reporters in the fields of:
• human resources
• federal employment
• workers' compensation
• public employment law
• disability
• bankruptcy
• education administration and law
Complementing these suites of resources are dedicated Web sites including Title1admin.com,
EducationDaily.com®, SpecialEdConnection.com®, cyberFeds.com® and HREOnline.com™. For a
complete list of our resources, visit www.shoplrp.com.
LRP Publications also provides top-quality training and professional development in national
conferences and trade shows, plus an ever-growing offering of live audio conferences and
Webinars...
Clients
Anaheim City School District
Board of Education
A G E N D A
Regular Meeting
Monday, June 26, 2006
It is recommended the Board of
Education approve an agreement
between this
District and Fagen, Friedman &
Fulfrost, LLP, 100 E. San Marcos
Boulevard,
Suite 400, San Marcos, CA 92069 for
the purpose of providing legal advice
and
counsel on labor and employment
matters. The hourly rate for legal
services
shall be as follows: Paralegal $90,
law clerk/senior paralegal $100,
associate
$190, senior attorney $200, and
partner $210. The cost shall not
exceed
$20,000. This agreement shall
continue unless terminated in writing
by either
party.
Funding:
01-8001-5816 Attorney Fees, Human
Resources
Page 9
Board Agenda – June 26, 2006
Other lawyers made the
same jump after Howard
Fulfrost
Was Fagen, Friedman & Fulfrost formed so that sanctioned Lozano Smith
lawyers could keep playing the same tricks under a different name?
Legal Office – To assist the
District in its negotiations with
the United Educators of San
Francisco (UESF), Laurie
Juengert, recently
switched law firms – from
Lozano Smith to Fagen,
Friedman & Fulfrost. New
contract, new firm. Fagen
Friedman & Fulfrost LLP -
$40,000 – General Fund
Unrestricted
SA N FR A N C I S C O UN I F I E D
SC H O O L DI S T R I C T
A G E N D A
REGULAR MEETING OF THE BOARD
OF EDUCATION
TUESDAY, FEBRUARY 27, 2007
6:00 P.M.
IRVING G. BREYER BOARD
MEETING ROOM
555 FRANKLIN STREET, FIRST
FLOOR
SAN FRANCISCO, CALIFORNIA
94102
Board of Education: Mark Sanchez -
President Kim-Shree Maufas
Norman Yee – Vice President Hydra
B. Mendoza Jane KimJill WynnsEric
Mar, Esq. Student Delegates to the
Board of Education: Diana Suen Lea
Elliott Interim Superintendent of
Schools: Gwen Chan
Fagen Friedman Fulfrost
Fagen, Friedman &
Fulfrost
San Marcos office
Melanie A. Petersen... served
fifteen years as in-house
counsel for San Diego
Unified School District...
Ms. Petersen is the chair of the
firm’s Charter School Practice
Group...[She] is a frequent
presenter at ACSA, CSBA,
NSBA and several other
professional organizations.
She is the 2008-09
President of the
California Council of
School Attorneys.
From FFF website
downloaded 09/01/08
Perjury
Michael Carlson and
atty Deborah K. Garvin
“In my experience, women who wear belly bracelets have always
been misunderstood..."
"In an ironic twist, Christiansen was released this week from jail with help from another attorney
who worked for the BHUSD. Christiansen had been held on $2 million bail, but it was lowered to
$200,000.
Attorney Howard Fulfrost of Fagen, Friedman & Fulfrost put up his Los Angeles
house as collateral for the bond, The Register reported. Fagen, Friedman and Fulfrost still
does some legal work for the BHUSD.
More Dirty Laundry Aired About Karen Christiansen
By Laurie Lande
Beverly Hills Patch
January 28, 2011
Additional details surface about the ex-BHUSD employee's allegedly inappropriate relationships.
After Christiansen sent the photos on Aug. 17, 2006, Huff responded, “In my experience, women
who wear belly bracelets have always been misunderstood.”
Christiansen replied: “Not in this case!!! Perfectly understood!!!”
This e-mail exchange came at the same time that Christiansen and Hubbard were exchanging
inappropriate messages. In those correspondences, sent using school e-mail accounts,
Hubbard addressed Christiansen as “sweetheart” and “hot stuff,” and they often told each other “I
love you.”
Huff worked for the BHUSD until 2008, when the board of education learned of his “involvement
with Karen,” Vice President Brian Goldberg told Patch. “There was not a formal vote, just direction
from the board to staff to stop using his firm.”
The e-mails between Christiansen and the private attorney hired by the district may bolster the
case of those on the school board who advocate hiring an in-house counsel rather than the
current practice of using outside attorneys. The board has spent much time in recent months
discussing the prospect of hiring an in-house counsel and has appointed a private committee of
attorneys to advise them in making the decision.
In an ironic twist, Christiansen was released this week from jail with help from another attorney
who worked for the BHUSD. Christiansen had been held on $2 million bail, but it was lowered to
$200,000.
Attorney Howard Fulfrost of Fagen, Friedman & Fulfrost put up his Los Angeles house as
collateral for the bond, The Register reported. Fagen, Friedman and Fulfrost still does some legal
work for the BHUSD.
As previously reported by Patch, the charges against Christiansen are wide ranging.
Christiansen was hired as BHUSD facilities director in 2004 at an annual salary of $113,000, but
allegedly secretly negotiated an independent contractor agreement while performing the same
duties as a staffer. In addition to her alleged secret independent contractor status, she is
accused of negotiating deals between an energy firm and BHUSD while simultaneously
negotiating contracts between the firm and her consulting company, Strategic Concepts.
Hubbard, meanwhile, is accused of granting two $10,000 stipends and a car allowance increase
for Christiansen in early 2006 without board consent.
Watch for more bombshells about Christiansen and Hubbard when their scheduled trial begins
Feb. 7
“I am so upset by the
character assassination"
Christiansen Bail
Reduced, Preliminary
Hearing To Continue
Monday
Jan. 21, 2011
By Marla Schevker
Beverly Hills Courier
Los Angeles Superior Court
Judge Kathryn Solorzano
ruled today to lessen former
BHUSD Director of Facilities
and Planning Karen
Christiansen’s bail from $2
million to $200,000 after a
bail hearing in which friends
attorney Howard Fulfrost and
Beverly Hills resident
Elizabeth Chait testified on
Christiansen’s behalf.
Fulfrost, former BHUSD
attorney and husband to a
senior executive of
Christiansen’s company
Strategic Concepts’ Tim
Morneau, testified
Christiansen had been
living in their extra
bedroom. Fulfrost said both
himself and Morneau
considered her to be a part
of the family. She has her
own room, puts her own
clothes away and leaves her
stuff in the bathroom and
shower, Fulfrost testified.
Chait, who was a PTA
president from 2003 to 2005
and chairperson of the
Beverly Hills Unified School
District Service Learning
Advisory Board for
approximately nine years,
was clearly distraught when
she took the stand to testify
on Christiansen’s behalf.
“I am so upset by the
character assassination
taking place in this
courtroom,” she testified,
turning to point her finger
alternately at District
Attorneys Juliet Schmidt and
Max Huntsman. “Especially
by you two (district
attorneys).”
Chait said all of Christiansen’
s friends were in Beverly
Hills. Although Schmidt
claimed Christiansen would
be a flight risk because of
her lack of ties to the
community, Chait and
Christiansen’s attorney Philip
Kaufler alleged Christiansen
has no money and therefore
could not go anywhere.
“She has nowhere else to
go,” Chait said. “She has no
money, she’s borrowing
money from us. Where is
she to go?”
Solorzano said she believed
a $2 million bail to be too
high. Any money that goes
towards Christiansen’s bail is
subject to Penal Code 1275,
in which the DA must
determine the money is not
coming from any funds
Christiansen allegedly stole
or earned unfairly from the
district.
Solorzano also ruled that
she will not lower
Christiansen’s bail
significantly and give her an
ankle bracelet to ensure she
will not flee. This is not a DUI
case, Solorzano said. A
$200,000 bail will give her
friends incentive to keep
Christiansen from fleeing,
Solorzano explained.
The preliminary hearing for
Christiansen and former
BHUSD Superintendent
Jeffery Hubbard will continue
on to Monday. Although the
prosecution has presented
all of their witnesses,
Solorzano stated she
needed time to review
previous case law regarding
conflict of interest. In a
preliminary hearing it is
customary for the
prosecution to show there is
enough evidence to go to
trial. The defense on
Monday will try to persuade
the court to allow its
witnesses to contradict the
prosecution’s showing.
The District Attorneys filed
an amended complaint
Tuesday, charging Hubbard
with two counts of
misappropriation of funds
and Christiansen with four
counts of conflict of interest.
This amended complaint
took Christiansen off both
misappropriation charges
and removed one conflict of
interest charge.
Salvatore Ciulla, attorney for
Hubbard, has argued that
the Board actually approved
the stipend and increase in
auto allowance, even though
they may not have been
aware of the action.
Attorney’s for Christiansen
have argued that her work
does not fall under the
Conflict of Interest code
because she was neither an
employee nor district official
at the time she is accused of
making contracts that would
be of financial benefit to her.
However, the prosecution
has argued as a consultant
during 2006, that she held
the same duties as when she
was the director of planning
and facilities. They claim she
had the same influence over
board members and
therefore was able to benefit
from the recommendations
she made to the board.
Hubbard, who is now
Superintendent of the
Newport Mesa Unified
School District, is charged
with two counts of
misappropriation of funds,
one in September of 2005
where he allegedly
increased Christiansen’s
car allowance and the
other in February of 2006
where he allegedly gave
her a $20,000 stipend.
Christiansen is accused
of having brokered
contracts with outside
vendors for financial gain
while performing duties
as director of planning and
facilities for the BHUSD. She
was a major planner and
proponent of the Measure E
bond and allegedly used her
position as director of
planning and facilities to
broker a contract for
Strategic Concepts to
become the program and
project manager, for which
she received $2 million
before her contract was
terminated.
The preliminary hearing will
continue Monday in the
Airport Court branch of the
Los Angeles Superior Court.
Link to blog re Fulfrost and
Culver City Unified School District
Los Angeles Unified School
District
...The law firm of Fagen, Friedman
and Fulfrost is contracted to a host a
series of 4 comprehensive trainings
for charter school teachers,
administrators, and staff designed to
teach all aspects of providing quality
and compliant special education
services to charter school students.
Each workshop will be presented at a
downtown location and at Granada
Hills Charter School. If you have any
questions about the Fagen, Friedman
and Fulfrost project, please contact
Brian Padgett at
bpadgett@fagenfriedman.com.
Soup to Nuts Part 1
"What works?
Aggressiveness, Persuasiveness,
Control, Cost, Division, Leverage"
Aggressiveness: Preempt
Persuasion: Simplify, child's needs,
LRE, a note on predetermination
Control: Your presumption, your
knowledge
Cost: Taxpayers, stress, publicity"
Division: predetermination
Leverage: Fix the past
Play to your strength: Stay calm
Soup to Nuts Part 2 ...
Escape from
Lozano Smith
San Diego Education Report
|
San Diego
Education Report
San Diego Education Report
|
San Diego
Education Report
"Attorney Howard Fulfrost of
Fagen, Friedman & Fulfrost put
up his Los Angeles house as
collateral for the bond, The
Register reported. Fagen,
Friedman and Fulfrost still does
some legal work for the BHUSD."
More Dirty Laundry
Aired About Karen
Christiansen
By Laurie Lande
Beverly Hills Patch
January 28, 2011
The Karen Christiansen
story just keeps getting more
unbelievable.
The former facilities
director for the Beverly
Hills Unified School
District was ordered this
week to stand trial on two
counts of
misappropriation of funds
and four felony counts of
conflict of interest.
Former BHUSD
Superintendent Jeffrey
Hubbard, who now serves
in that same role in the
Newport Beach Unified
School District in Orange
County, also was ordered
to stand trial on two
counts of
misappropriation of
public funds.
The Orange County Register
earlier this month published
emails between Hubbard and
Christiansen that suggested
an intimate relationship. Now
the newspaper has obtained
flirtatious e-mails between
Christiansen and a private
attorney who worked for
BHUSD. David Huff of
Orbach, Huff & Suarez later
renegotiated a new contract
between Christiansen and
the BHUSD, The Register
reported.
Christiansen also sent
photos of herself in a
revealing bikini to Huff.
According to The Register,
the photos were cited this
week by Los Angeles County
Superior Court Judge
Kathryn Solorzano as
evidence of “backroom
dealing” as she ordered
Christiansen to stand trial.
The photos—published in
the paper—show
Christiansen in a bikini
wearing a belly chain.
After Christiansen sent the
photos on Aug. 17, 2006,
Huff responded, “In my
experience, women who
wear belly bracelets have
always been misunderstood.”
Christiansen replied: “Not in
this case!!! Perfectly
understood!!!”
This e-mail exchange came at
the same time that
Christiansen and Hubbard
were exchanging inappropriate
messages. In those
correspondences, sent using
school e-mail accounts,
Hubbard addressed
Christiansen as “sweetheart”
and “hot stuff,” and they often
told each other “I love you.”
Huff worked for the BHUSD
until 2008, when the board
of education learned of his
“involvement with Karen,”
Vice President Brian
Goldberg told Patch. “There
was not a formal vote, just
direction from the board to
staff to stop using his firm.”
The e-mails between
Christiansen and the private
attorney hired by the district
may bolster the case of
those on the school board
who advocate hiring an in-
house counsel rather than
the current practice of using
outside attorneys. The board
has spent much time in
recent months discussing
the prospect of hiring an in-
house counsel and has
appointed a private
committee of attorneys to
advise them in making the
decision.
In an ironic twist,
Christiansen was released
this week from jail with help
from another attorney who
worked for the BHUSD.
Christiansen had been held
on $2 million bail, but it was
lowered to $200,000.
Attorney Howard Fulfrost
of Fagen, Friedman &
Fulfrost put up his Los
Angeles house as
collateral for the bond,
The Register reported.
Fagen, Friedman and
Fulfrost still does some
legal work for the BHUSD.
As previously reported by
Patch, the charges against
Christiansen are wide
ranging. Christiansen was
hired as BHUSD facilities
director in 2004 at an annual
salary of $113,000, but
allegedly secretly negotiated
an independent contractor
agreement while performing
the same duties as a staffer.
In addition to her alleged
secret independent
contractor status, she is
accused of negotiating deals
between an energy firm and
BHUSD while simultaneously
negotiating contracts
between the firm and her
consulting company,
Strategic Concepts.
Hubbard, meanwhile, is
accused of granting two
$10,000 stipends and a car
allowance increase for
Christiansen in early 2006
without board consent.
Watch for more bombshells
about Christiansen and
Hubbard when their
scheduled trial begins Feb. 7.
About this column: The
scoop on the Beverly Hills
Unified School District.
Peter K. Fagen is a partner
with the firm and serves
clients from both the Los
Angeles and San Diego area
offices. A successful lawyer,
administrator and leader, Mr.
Fagen offers a balance of
expertise in the areas of
board-superintendent
relations, labor, personnel,
students, business,
redevelopment, construction
and related litigation. Mr.
Fagen has experience as a
trial lawyer and has
conducted bench and jury
trials in both state and
federal courts. Additionally,
Mr. Fagen is an approved
trainer for interest-based
bargaining and has
conducted labor
negotiations for school
districts and other public
agencies. Mr. Fagen is
active in the firm’s
Governance & Leadership
Practice Group, and
frequently conducts
workshops on internal board
relations, board-
superintendent relations,
vision, goal setting and
leadership for school district
administrators and board
members. In addition to
presenting at numerous
seminars and conferences,
including the National School
Boards Association,
California School Boards
Association, Association of
California School
Administrators, Council of
Urban Boards of Education,
North American Association
of Education Negotiators
and School Employers
Association, Mr. Fagen is
the Vice President of
Programs for the California
Council of School Attorneys
and a member of the NSBA
Federal Relations Network,
which affords him
opportunity to meet annually
with national leaders on
education issues.
His leadership in the legal
field is recognized by his
selection as a member of
Who’s Who in American
Law, the National Registry of
Who’s Who, and the
International Who’s Who of
Professionals.
Mr. Fagen’s articles include
"State Voting Law Raises
Complex Compliance Issues"
published in the January 3,
2012 Daily Journal; "Win on
Property Tax Funds is
Validation for School
Districts" published in the
February 17, 2010 Daily
Journal; "The Debate Over
Emails as Education
Records" published in the
October 30, 2009 Daily
Journal; “Will Labor Code
Section 96(k) Affect
Discipline Decisions in Public
Employment?” published in
California Labor &
Employment Quarterly,
Summer 2000; “Bilingual
Education in California”
published in California
Education, February/March
1998; and “What to do
When You Are Sued”
published in The Law
Journal, September 1996.
Mr. Fagen is admitted to
practice in California, the U.
S. District Court for the
Eastern, Northern, Central,
and Southern Districts of
California, the Ninth Circuit
Court of Appeals and the
United States Supreme
Court. He received his Juris
Doctor from the University of
Iowa College of Law and his
bachelor's degree from the
University of Northern Iowa.
Peter Fagen, J.D.
from 3rd Annual Education
Law & Policy Symposium
June 6-7, 2013
Lexington, KY
Peter K. Fagen is the
managing partner of Fagen
Friedman and Fulfrost and
in this capacity he is
responsible for monitoring
international, federal and
state education themes and
working to ensure that the
firm’s services are current
and able to meet the needs
of its growing client base.
Fagen serves clients from
both the Los Angeles and
San Diego area offices, and
he is frequently located in
the firm’s capital office,
which allows him to maintain
strong partnerships with
leading education
associations. A successful
lawyer, administrator and
leader, Fagen offers a
balance of expertise in the
areas of board-
superintendent relations,
labor, personnel, students,
business, redevelopment,
construction and related
litigation. Fagen has
experience as a trial lawyer
and has conducted bench
and jury trials in both state
and federal courts.
Additionally,
Fagen is an approved
trainer for interest-based
bargaining and has
conducted labor
negotiations for school
districts and other public
agencies.
Fagen is active in the firm’s
Governance & Leadership
Practice Group, and
frequently conducts
workshops on internal
board relations, board-
superintendent relations,
vision, goal setting and
leadership for school district
administrators and board
members. In addition to
presenting at numerous
seminars and conferences,
including the National
School Boards
Association, California
School Boards
Association, Association
of California School
Administrators, Council of
Urban Boards of Education,
North American Association
of Education Negotiators
and School Employers
Association, he is a member
of the NSBA Federal
Relations Network, which
affords him opportunity to
meet annually with national
leaders on education issues.
His leadership in the legal
field is recognized by his
selection as a member of
Who’s Who in American
Law, the National Registry
of Who’s Who, and the
International Who’s Who of
Professionals.
Compare this story to the hiring of Art Palkowitz by
Stutz Artiano Shinoff & Holtz. It seems Ms. Moors will
be working in business development.
SCHOOL TRUSTEE’S VOTE AIDED
FUTURE EMPLOYER
Hiring by law firm came 12 days after contract
renewal
By Aaron Burgin
Aug. 23, 2013 updated
Regulations of the Fair Political Practices Commission,
18747(a):
“No public official shall ‘make,’ ‘participate in
making,’ or ‘use his or her official position to
influence’ any governmental decision ... if the
decision directly relates to a prospective employer.”
18747(c): “A person is a ‘prospective employer’ of a
public official if the official, either personally or through
an agent, is ‘negotiating’ or has an ‘arrangement’
concerning prospective employment with that person.”
Timeline
November 2012: Voters re-elect Moors to a four-year
term that expires in 2016.
March 2013: Moors is laid off from her position at the
Tri-City Healthcare District.
Summer 2013: Moors contacts Fagen, Friedman and
Fulfrost.
July 24, 2013: Moors participates in vote to renew
district’s contract with law firm for an amount not to
exceed $100,000.
Aug. 2, 2013: Moors notifies Carlsbad Superintendent
Suzette Lovely, that she is accepting a position with the
law firm and resigning from the board. Moors said this
was the first she time she told anyone with the district of
her contact with the law firm.
Aug. 5, 2013: Moors submits resignation to the
Carlsbad Unified School District and the San Diego
County Office of Education.
Kelli Moors
Information provided 9
months ago when running
for school board:
Smart Voter
November 6, 2012 Election
Occupation: School Board
Member for 12 years
Masters In Governance,
California School Boards
Association
30-year resident of Carlsbad
Business Development
Manager for local
hospital
Past Board Member,
Carlsbad Educational
Foundation
THE CALIFORNIA SCHOOL BOARDS ASSOCIATION (CSBA)
IS VERY INVOLVED WITH FFF:
Friday, November 30 [2012]- CSBA [California School Boards
Association] Annual Education Conference
Exhibitor Table Talks
Boards, the Brown Act and Cyberspace
As education leaders turn to social media for timely
communication, well-intentioned board members can find
themselves in violation of the Brown Act when cyber
communication conveys information coming up for vote. If
used improperly, social media starts the slippery slope into
online serial meetings, resulting in costly, embarrassing legal
consequences, and can be subject to public records
requests. Attend this workshop to learn how to avoid social
media pitfalls in your governance capacity.
--Kelli Moors,Board Member, Carlsbad USD; Christopher
Keeler and Namita Brown, Partners, Fagen Friedman &
Fulfrost, LLP
Bullying Prevention in the 21st Century
New legislation and continued media coverage have raised
awareness and concerns about bullying, including cyber
-bullying. What are your obligations? How do you hold staff
accountable for turning policy into practice and engage your
staff, student and parent population to build a tolerant learning
community? Learn practical tips for integrating messages of
tolerance into district operations.
Christopher Fernandes,
Partner, Fagen Friedman & Fulfrost, LLP
To Fee or Not to Fee? There Can Be No Question
Recent ACLU litigation involving the constitutionality of fees
requires the review of fundraising policy and practices. What
charges are and are not admissible? Are your policies aligned
with
state
mandates?
What
are
the
most
efficient
processes
for disseminating this information to prevent fee-related
mishaps? Attendees will discuss legal and legislative updates
surrounding fee-related missteps.<br/><br/>
Howard Friedman,
Partner, Fagen Friedman & Fulfrost, LLP
Walk-On Coaches: Minimizing District Risk
Due to budget cuts and staff turnover, districts are
experiencing
an
influx
in
the
number
of
new
walk-on
coaches.
What
is your policy for hiring/training walk-on coaches? In light of
media coverage of inappropriate adult-student relationships,
what steps must be taken to ensure policies are current and
being implemented? Current legislative topics regarding
walk-on coaches will be examined.
Diane Marshall-Freeman,
Partner, Fagen Friedman & Fulfrost, LLP
You’ve Got Mail:
Communications and the Digital Era
School boards and districts are ever more reliant on e-
communications, and unfortunately facing new dilemmas. Will
your email and other digital documents become public
records?
Who can access them? How will they be stored? Does it make
a difference if they were sent or received on personal
devices?
This table talk will focus on Public Records Act considerations
related to e-communications.<br/><br/>
Harold Freiman,
Attorney,Lozano Smith
2012
Christopher Keeler and
Namita Brown,
Partners, Fagen
Friedman & Fulfrost,
LLP
Howard A. Friedman, a
partner in the Los Angeles
office, has extensive
experience representing
school and community
college boards and
administrators in legal
matters, both in an
advisory capacity and in
administrative proceedings
and litigation.
A skilled counselor, litigator, and
highly respected labor
negotiator, Mr. Friedman served
as in-house counsel in the Los
Angeles Unified School District.
This experience gives him a
practical understanding of the
interconnectedness of education
legal matters and the many ways
that a single legal issue can
affect various areas of education
operation.
An active member of the
firm’s Governance Practice
Group, Mr. Friedman is
also a leader in the firm’s
Higher Education Practice
Group. His areas of
expertise cross all labor
and employment topics,
Brown Act issues, Public
Records Act compliance,
elections and political
issues, ethics, conflicts of
interest issues and a wide
range of technology issues
as they apply to labor,
student and business
matters.
Published appellate
decisions Mr. Friedman
has briefed and/or argued
include Alba v. Los
Angeles Unified School
District, 14 Cal.App.3d 997
(1983); Kimble v. Board of
Education, 192 Cal.App.3d
1423 (1987); Zhigulina v. L.
A. City Board of Education,
207 Cal.App.3d 552
(1989); Los Angeles
Unified School District v.
State of California, 229 Cal.
App.3d 552 (1991); United
Teachers-Los Angeles v.
Los Angeles Unified
School District, 24 Cal.App.
4th 1510 (1994); Loyola
Marymount University v.
Los Angeles Unified
School District, 45 CalApp.
4th 1256 (1996); Fischer
v. Los Angeles Unified
School District, 70 Cal.App.
4th 87 (1999); Atwater
Elementary School District
v. California Department of
General Services (Truitt),
41 Cal.4th 227 (2007);
Jonathan L. v. Superior
Court, 165 Cal.App.4th
1074 (2008).
Mr. Friedman received his
Juris Doctor from
Southwestern University
School of Law and his
bachelor's degree from
California State University,
Northridge. He was
admitted to the California
State Bar in 1974.
Minimum Continuing Legal Education
California State Bar
Minimum Continuing Legal Education (MCLE) refers to the approved continuing
legal education required of California attorneys.
Attorneys are required to complete a total of 25 hours of approved credit every
three years. Go to Requirements for credit details, exemptions and modified
requirements.
To ensure that lawyers receive quality legal education, the State Bar approves
MCLE providers and education activities.
Provider Search (downloaded Sept. 2, 2013)
FAGEN, FRIEDMAN & FULFROST, LLP
Speciality Certification
Contact Address 6300 Wilshire Blvd #1700
Los Angeles, CA 90048
Contact Rose Aragon
Phone (323)330-6300
Fax (323)330-6311
E-mail raragon@fagenfriedman.com
Web site www.fagenfriedman.com
Provider Number 13870
From the FFF website downloaded Sept. 5, 2013
Melanie Petersen, a founder of FFF, works for Carlsbad Unified.
She represented Carlsbad Unifed in this 2012 layoff case.
She co-wrote this 2008-2009 summary regarding layoffs for CSBA.
F3 Partner Melanie Petersen named one of San Diego County’s top Attorneys by the
Daily Transcript. Nominated by San Diego-based legal professionals, Ms. Petersen
is regarded as one of public education’s most trusted and informed legal advisors.
2013 Winner--Municipal & Government--Daily Transcript Top Attorneys [The honor
is determined by a relatively small number of attorneys who choose to participate.]
Melanie Petersen
Law School/Year:
University of the Pacific,
McGeorge School of Law, 1981
College/Year:
University of California, Los Angeles, 1978
Practice Areas
Education Law; Appellate; Discrimination & Civil Rights; Labor
Major Cases
In California Teachers Association v. Governing Board of San Diego USD, the Court
of Appeal ruled that restriction on political speech by school district employees
during working hours was a legitimate restriction of speech. In Duval v. Board of
Trustees, the types of personnel actions deemed “appropriate” under the Brown Act
were significantly broadened.
Professional Background
I have exclusively practiced education law throughout my 30-plus year legal career. I
represented school districts throughout Kings County for five years before spending
15 years as in-house counsel for San Diego USD and then moving to private
practice. In 2006, I helped found the full-service education law
firm of Fagen Friedman & Fulfrost.
Professional Affiliations
I am a member and past president of the California Council of School
Attorneys.
From the FFF website downloaded Sept. 5, 2013
1) In this video message, ELA Director and CSBA General Counsel Keith Bray
discusses the Commission on State Mandates' Jan. 25 decision to reimburse
educational agencies or the costs associated with developing and implementing
Behavioral Intervention Plans. In this video, Bray and Diana McDonough are joined
by Olson Hagel & Fishburn Partner Deborah Caplan.
Our firm has wide ranging
experience in all areas of
higher education legal work.
downloaded Sept. 16, 2013
This background allows us to provide
districts with legal solutions fitted to
the unique perspective of higher
education. Whether the issue is labor
and employment, employee or
student discipline, business and
facilities, governance and leadership,
including the Brown Act and the Public
Records Act, and related litigation, we
provide experience and timely
analysis, advice, and service to meet
our clients' needs. In addition, our
higher education legal team offers
comprehensive services in all areas
of facilities management, from real
property transactions to government
contracting, public use of facilities and
contract review on construction and
renovation. In everything we do in this
arena, we underscore our legal
expertise in eco-friendly construction
and renovation with personal passion
to help higher education schools
become models for sustainable
building.
Our Higher Education Team:
Jordan Bilbeisi
Brian D. Bock
Namita S. Brown
Roy A. Combs
Peter K. Fagen
Christopher J. Fernandes
Milton E. Foster III
Howard A. Friedman
Chad J. Graff
Daphne B. Hall
Mary Keaney
Christopher D. Keeler
Diane Marshall-Freeman
Kathleen J. McKee
David Mishook
David A. Moreno
Elizabeth B. Mori
Justin J. Simpson
Tatiana A. Small
Cynthia M. Smith
Kimberly A. Smith
Paul G. Thompson
Mark S. Williams
FFF and higher education
Howard A. Friedman, a partner in the
Los Angeles office, has extensive
experience representing school and
community college boards and
administrators in legal matters, both
in an advisory capacity and in
administrative proceedings and
litigation.
Fagen Friedman & Fulfrost
www.fagenfriedman.com/
Our firm has wide ranging experience
in all areas of community college
legal work. Since almost all of the
clients served by Fagen Friedman &
Fulfrost attorneys are public agencies,
we have extensive experience in ...
10.19.12
F3 Attorneys to present at the 2012
ACHRO/EEO Conference at Lake
Tahoe Oct. 23-26:
• Oct. 24: Partners Brian Bock and
Diane Marshall-Freeman to present
"Managing Legal Resources" with
Jacques Whitfield of Yuba County
Community College District
• Oct. 25: Diane Marshall-Freeman
and Jordan Bilbeisi to present "Cyber
Misconduct: Investigating and
Correcting Inappropriate Staff
Behavior"
• Oct. 26: Jordan Bilbeisi to present
"Eight Simple Rules to Avoid A Date
With PERB"
8/28/2012: F3 attorneys appointed to
Green Technology leadership
positions:
• Kathleen McKee and Bill Owens
appointed to Green Technology's
California Summit Advisory Board
• Paul Thompson joins Mark Williams
on Green Technology's Community
College Advisory Board
1.13.12
Brian D. Bock named Equity Partner.
Mr. Bock is based in the firm's Inland
Empire and Los Angeles offices,
where he assists K-12 and
community college districts statewide
on litigation, labor, employment and
governance matters.
10.26.11
F3 Partners and Green Technology
Advisory Board Members Kathleen J.
McKee and Mark S. Williams
presented at the 2011 Green K-12
and Community College Summit. Ms.
McKee explained how positioning
energy efficiency projects can lead to
the successful passage of bond
campaigns, and Mr. Williams
moderated panels on funding and
implementing renewable energy
projects.
1.4.11
"I am proud that our firm is a legal
leader in helping California's school
and community college districts
implement solar projects."-Peter
Fagen on The Solar Home &
Business Journal article featuring F3
clients
Carlsbad Unifed cancels FFF contract
Is it time for the school attorneys at Fagen Friedman Fulfrost to change the name of
their firm again? What did Fagen Friedman Fulfrost law firm do to cause the
Carlsbad Unified school board to cancel its contract? The explanation can be found
right here...The question now becomes, who will end up doing the $100,000 worth of
legal work that was going to go to FFF, and will the new firm behave any differently
than FFF?...
School investigator Ed Saucerman and
Fagen Friedman Fulfrost--a match made in teacher hell?
Mr. D'Emilio, a teacher in Claremont Unified School District must think so. Thankfully,
Mr. D'Emilio has been reinstated and it is now Ed Saucerman whose checkered past
is being looked at, along with his friendship with FFF partners Fulfrost and Friedman
(the two Howards).
In San Diego, school attorney Dan Shinoff's investigator pal Robert Price has raised
eyebrows.
Howard Friedman
Howard Fulfrost
Jurupa Unified
Attorney Chris Keeler
FFF lawyers JUSD (Taylor &
Keeler) 2013
Jurupa Unified School District -
Public Employment Relations
Board
www.perb.ca.
gov/decisionbank/pdfs/2309E.pdf
Mar 8, 2013 - Fulfrost by Kerrie
Taylor, Attorney, for Jurupa
Unified School District. Before
Martinez, Chair; Huguenin and
Banks, Members.