| October 2013 |
Blog posts about Gil Abed
July 05, 2013
FBI investigates burning of documents from San Ysidro School
District; lawyer from Stutz Artiano Shinoff & Holtz has no comment
How important were these documents that San Ysidro School District was willing to take the
risk of being found out as it shredded, then burned, documents during civil and criminal court
proceedings?
Why didn't employees call the fire department when they smelled smoke?
"Gil Abed, an outside attorney for the district, was made aware of the police activity by NBC 7
News and does not yet have a comment on the police activity."
The following hints at a possible motive:
"In April, a San Diego Superior Court judge shot down a motion by on behalf of the district
requesting a protective order on materials and documents from a deposition in an $18 million
lawsuit..."
Cops Called to San Ysidro for Suspicious Document Dump
A custodial supervisor told investigators that district officials started burning documents
Sunday
By Wendy Fry and R. Stickney
NBC News 7
Jul 4, 2013
Someone was burning documents on the grounds of an embroiled San Diego-area school
district whose former superintendent is a subject in two criminal investigations.
Six San Diego police patrol cars and an unmarked vehicle were parked outside San Ysidro
School District headquarters at 4350 Otay Mesa Road Wednesday afternoon.
FBI investigators were also on scene interviewing people after witnesses reported seeing
burned and shredded documents with San Ysidro letterhead.
Crime scene tape cordoned off a dumpster filled with trash bags containing shredded paper.
In another area, a charred trash can could be seen behind police tape.
In an interview with investigators, a custodial supervisor said district officials started burning
documents Sunday.
Araleci Felix, who works for Purchasing Document, said she smelled smoke Tuesday around
noon.
Felix, 30, has worked for the district for 8 years. She said there seemed to be a lot of smoke
but did not call police or fire.
Others reported smelling smoke later in the night.
San Ysidro Board Trustee Jean Romero said the former superintendent Manuel Paul came to
the district's offices Tuesday to clear out his personal items from the office.
Paul resigned from his position in April after his indictment in an alleged "pay-to-play" criminal
investigation. The district agreed to pay him through the end of the school year, June 30.
Romero said the superintendent waited until school was out to be respectful of students and
staff.
She also said she was waiting to hear more from district counsel on the situation.
"The board is committed to having a new beginning once school starts again and bringing a
positive environment to our students and staff. We hope we can get back on track," Romero
said.
All district administrators are out of the office Wednesday. Assistant Superintendent Gloria
Madera is on vacation until Monday, July 8.
Gil Abed, an outside attorney for the district, was made aware of the police activity by NBC 7
News and does not yet have a comment on the police activity.
San Ysidro District is among three school South County districts involved in a lengthy
investigation into an alleged pay-to-play scheme with contractors and school construction
projects.
Fifteen former and current educators and school officials have been charged with 232 felony
and misdemeanor criminal charges in the case.
Prosecutors say the school officials traded their votes on multi-million dollar construction
contracts for gifts and other favors.
Paul has pleaded not guilty to to perjury charges, and for accepting a gift from a single
source over the legal limit.
Paul is listed in court documents accepting meals from contractors and dining with
Sweetwater Superintendent Gandara.
In April, a San Diego Superior Court judge shot down a motion by on behalf of the district
requesting a protective order on materials and documents from a deposition in an $18 million
lawsuit.
The lawsuit stems from the district's cancellation of a services contract with Eco Business
Alliance to install solar power systems at district campuses. Because no solar panels were
ever installed, no district funds were ever spent on the endeavor.
Paul admitted in a June deposition to accepting thousands in cash from a contractor in a
Chula Vista restaurant parking lot. He said, at the time, the money was for Trustee Yolanda
Hernandez's re-election campaign.
Source: http://www.nbcsandiego.com/news/local/Cops-Called-to-San-Ysidro-for-Suspicious-
Document-Dump-214205041.html#ixzz2YC77rlMN
Posted by Maura Larkins at 11:10 AM 1 comment:
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Labels: . Abed (Gil), corruption, destroying evidence, public records, San Ysidro School
District, South Bay Indictments, Stutz Artiano Shinoff Holtz, tampering
Monday, May 06, 2013
The Manuel Paul transcript that Dan Shinoff and Art Palkowitz didn't want voters and
taxpayers to see
Click HERE to see Stutz Artiano Shinoff & Holtz request for protective order and transcript of
Manuel Paul deposition. The last 23 pages of the PDF file contain the rough draft transcript
of the deposition, in which Mr. Paul was represented by Gil Abed.
Judge Denton ruled against Mr. Shinoff.
Stutz Artiano Shinoff & Holtz has claimed in court that this blogger defamed it by writing that
Dan Shinoff conceals events in schools. So what would be the purpose of the requested
order other than to conceal the actions of school officials? Why keep depositions of school
officials and employees secret from the voters and taxpayers?
Posted by Maura Larkins at 2:47 PM No comments:
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Labels: . Abed (Gil), . Castanares (Art), . Palkowitz (Art Palkowitz), . Paul (Manuel), . Shinoff
(Daniel Shinoff), First Amendment, San Ysidro School District, Secrecy in court cases,
secrecy in schools
Tuesday, January 08, 2013
UPDATED: Arraignments of fifteen defendants connected with South Bay schools
JAN. 23,2015 UPDATE REGARDING SAN YSIDRO SCHOOLS' LAWYERS
TWO UPDATES REGARDING SAN YSIDRO SUPERINTENDENT MANUEL PAUL:
1) Civil lawsuit against the district
Jeff McDonald of the Union-Tribune reports on Jan. 15, 2013: "An $18 million lawsuit against
the San Ysidro School District has been pushed back by at least three months because a
key witness — Superintendent Manuel Paul — is facing criminal corruption charges.
Judge Steven Denton agreed to the delay after the district’s lawyer said Paul planned to
invoke his constitutional right against self-incrimination and refuse to answer any more
questions in depositions.
“Mr. Paul has been indicted, and I am informed and believe that the superintendent will be
asserting the Fifth Amendment on every question posed,” attorney Arthur Palkowitz wrote in
a motion to the judge...
2) San Ysidro school board decisions:
B San Ysidro School District parents forced the school board on Jan. 16, 2013 to reject a
plan to pay $100,000 each for Manuel Paul's and Yolanda Hernandez' criminal legal defense.
(Of course, Stutz Artiano Shinoff & Holtz is still being paid to work with Mr. Paul regarding the
civil case mentioned above.) The board also reversed its Jan. 8, 2013 decision NOT to put
Mr. Paul on administrative leave.
ORIGINAL POST REGARDING JANUARY 7, 2013 ARRAIGNMENTS
I was surprised to see ubiquitous school attorney Gil Abed at the criminal court yesterday for
the arraignment of fifteen individuals connected with three South Bay school districts.
Lawyers from Mr. Abed's law firm, Stutz Artiano Shinoff & Holtz, generally restrict themselves
to the civil courthouse one block west.
Apparently San Ysidro taxpayers were paying Mr. Abed to sit next to San Ysidro Schools
Superintendent Manuel Paul, providing moral support. Mr. Paul didn't have to testify, so he
didn't need his lawyer to prepare him for testifying. In fact, Mr. Abed is Mr. Paul's civil
attorney and wasn't directly involved with the arraignment proceedings.
Channel 10 News reports that the San Ysidro school board has shown remarkable generosity
to Mr. Paul recently. Shortly after it was revealed that he'd accepted $2,500 cash from a
contractor, they gave him a $10,000 raise! I trust that this isn't hush money. The day after his
arraignment, the trustees announced that Mr. Paul's job is safe--for now, at least. Board
member Yolanda Hernandez, a fellow defendant of Manuel Paul, was not at the January 8,
2013 board meeting.
The highlight of the event
for me was watching the arraignment
of former CVESD board member, and current Sweetwater Union High School District trustee,
Bertha Lopez.
Bertha has provided a continuous stream
of fodder for my blogs for many years. Bertha channeled a large number of dollars to Dan
Shinoff of Stutz Artiano Shinoff & Holtz for civil court legal work when she was a CVESD board
member.
I actually think that the type of corruption being dealt with in these indictments is penny ante
stuff.
The real corruption is not so obvious. It's dressed up in legal language. Judges and juries
often let the education establishment get away with running a corrupt system because no
one likes to pick on schools.
The things that go on at San Diego County Office of Education are shocking, but no one
except Jerry Rindone ever complains about it. SDCOE even approves indemnification of their
lawyers, a rare policy that was much criticized when Otay Water District indemnified Jaime
Bonilla.
DRAMA OUTSIDE THE COURTROOM
San Ysidro Schools employee Jimmy Delgado provided some drama after the hearing by
aggressively pointing his finger in the face of Alex Anguiano, president of Sweetwater
Education Association, and threatening to sue him if he said anything untrue about Delgado.
Apparently Mr. Delgado was angry that Mr. Anguiano (and the large group of Sweetwater
teachers accompanying Mr. Anguiano) were NOT supporting Pearl Quinones. The teachers
were quite miffed with the arraigned board members and with former superintendent Jesus
Gandara, another defendant.
UPDATE: The San Diego Reader has a video of the last few seconds of the encounter. The
Reader reports that Jimmy Delgado heads the Latino Political Action Committee of San
Diego, which contributed $1000 to Pearl Quiñones in the last election.
Ironically, just a few months ago Jimmy Delgado was in court testifying on behalf of
Sweetwater board member John McCann's unsuccessful effort to get a restraining order
against parent Stewart Payne. Ed Brand says the taxpayers paid about $2,400 for that effort,
but others estimate that the cost was over three times that amount. (See the short account of
the TRO hearing at the bottom of this post.) Delgado testified that Payne “...aggressively
pointed his finger in McCann’s face.” McCann thought this behavior warranted a restraining
order, but the judge did not agree.
Indictments Rain Down Across South Bay
By Wendy Fry
Union-Tribune
Jan 7, 2013
More defendants have been snagged in the District Attorney's corruption probe into South
Bay school construction projects.
The San Diego Superior Court docket for Monday lists a 2 p.m. appearance date for 15
defendants in the criminal probe. The corruption investigation has expanded in recent days
to include new defendants from those originally charged with criminal complaints last year.
The defendants are current and former school officials, elected trustees, and contractors
who did work at San Ysidro schools, the Sweetwater school district and Southwestern
College. Many have already entered "not guilty" pleas on prior and identical complaints,
including Gandara, Sandoval, Ricasa and Quiñones.
The Grand Jury began meeting in early November in a major "pay-to-play" public corruption
case that now stretches across three South Bay school districts.
Prosecutors say the school officials traded their votes on multi-million dollar construction
contracts for gifts and other favors.
Those who are scheduled to appear in court to be arraigned on indictments include:
Financier Gary Cabello, 53, who did work at both Southwestern College and Sweetwater.
Cabello's home and former offices were raided in May 2012. As an underwriter, Cabello was
tasked with calculating the size of the bond measure and the tax rate needed to finance the
Sweetwater school district's wish list of building projects. His company, Alta Vista contributed
$25,000 to the campaign to get the Sweetwater bond measure approved by voters, and then
won a contract underwriting the bond. Cabello later worked for Cabrera Capital Markets,
LLC., which had a contract with Southwestern College for financing on Proposition R bond
funds. He could not be reached for comment, but his attorney said on Dec. 28 that she had
not received any documentation that her client had been indicted by the Grand Jury.
Current Sweetwater trustee Jim Cartmill, the CEO of a nutritional supplement company.
Cartmill received a $20,000 campaign contribution from a company doing work with the
Sweetwater school district. The donation was allegedly procured by then-Superintendent Dr.
Jesus Gandara while Cartmill and Gandara were on a trip to Mexico with others, according to
court documents. Current Superintendent Dr. Ed Brand was an investor in Cartmill's
company, according to bankruptcy documents with the Securities Exchange Commission.
Messages left on Cartmill's voicemail since Dec. 28 have not been returned.
Jeff Flores, the president of Seville Construction Services, a construction firm that won a $2.7
million contract to do work under Southwestern College's Proposition R. Court records show
Flores had an inside track working with Southwestern College officials on the project before it
was officially bid. Some emails in the court affidavits indicate the contractor was allegedly
involved in writing the request for proposals, or bidding documents for the college official.
The court records also show he wrote the interview questions for the screening process.
Flores' company has released repeated statements about the situation, including: "We
believe SCS has operated and acted in good faith throughout our relationship with the
(Southwestern College) district, including the termination of an employee a year ago for
inappropriate actions that included violation of our corporate code of conduct. We believe
the independent actions of individuals previously involved in the program are negatively
affecting both organizations and the community.”
Former Sweetwater Superintendent Dr. Jesus Gandara. In 2006, Sweetwater trustees Jim
Cartmill and Arlie Ricasa flew to Texas to interview Gandara for a position at the
recommendation of the head-hunting firm Hazard, Young and Attea & Associates. His rocky
tenure included borrowing bond money to pay off daily general fund expenses; inviting
contractors to a "money tree" event for his daughter's bridal shower; hiding PR expenses
from the board and a controversial exit strategy under investigation by state pension
regulators. Prosecutors say he and several other board members spent night after night at
expensive meals, sporting events, and trips, funded by contractors seeking work with the
district. He has pleaded not guilty.
Current San Ysidro board member Yolanda Hernandez. Hernandez was the alleged recipient
of a $2,500 cash drop-off made by a contractor to the San Ysidro Superintendent Manuel
Paul in a restaurant parking lot. She also pays the majority of her campaign funds to a
company she owns, according to state documents. She has declined repeated requests for
comment.
Sweetwater trustee Bertha Lopez whose home was raided December 2011. Lopez was an
early whistleblower, alerting officials to the corruption in the South County school districts.
She was re-elected in November to her seat.
San Ysidro Superintendent Manuel Paul is listed in court documents accepting meals from
contractors and dining with Sweetwater Superintendent Gandara. He also admitted in a June
deposition to accepting thousands in cash from a contractor in a Chula Vista restaurant
parking lot.
Sweetwater trustee Pearl Quiñones, 59, was an educator in the San Ysidro School District.
Quiñones was also re-elected to her seat in November with strong support from Mayor Bob
Filner. The long-time National City resident is listed in court documents for dining at
expensive meals and allegedly soliciting a paid position on a state commission in 2006 from a
contractor working for the district. She has entered a "not guilty" plea.
Sweetwater trustee Arlie Ricasa, 48, works as an administrator at Southwestern College.
Court papers show Ricasa contacted a Sweetwater construction contractor with her college
email account to arrange a $3,900 campaign contribution for a state Assembly bid. The
contractor, Rene Flores, pleaded "no contest" in April 2012 to a misdemeanor of aiding in the
commission of a misdemeanor. Ricasa also asked Flores to fund her daughter's $1,800 trip
to the National Young Leaders State Conference, and did not disclose the gift on state-
mandated forms, the court records show. She has pleaded not guilty.
Former Sweetwater trustee Greg Sandoval, 58, also worked at Southwestern College as an
administrator. He served on the Sweetwater school board for 16 years until 2010. According
to court records Sandoval allegedly asked a business development executive working for a
Sweetwater district contractor to pay $500 to enter Sandoval's daughter in a Miss South
County pageant. The prosecutor's affidavit used to obtain a search warrant at Sandoval's
home states Sandoval “had his hand out asking for gifts or donations so often, even
employees from SGI remarked that he ‘has no shame.’” He has entered a "not guilty" plea.
Former Southwestern college official Nicholas Alioto, 47, resigned in 2011 amid controversy
after the UT San Diego reported on a Napa Valley trip with a construction contractor who
weeks later won $4 million work with the district. When the search warrants were served in
December 2011, Alioto was found living in the guest house of the Poway home of that
contractor. Alioto has entered a "not guilty" plea.
Former Southwestern Superintendent Raj Chopra was brought to Southwestern College in
2007 by the same head-hunting firm that found Gandara for the Sweetwater district. In the
wake of state budget woes, Chopra enraged the South Bay community college employees
with deep budget cuts. He also presided over the passing of Proposition R, a $389 million
bond measure for school construction. There are only scarce mentions of Chopra in the D.
A.'s affidavits served in 2011. However, an internal college probe found commingling of funds
between the bond campaign and the college's general funds.
Former Southwestern trustee Jorge Dominguez. Dominguez said on Dec. 28 he was unaware
he had been indicted by the Grand Jury. He added he declined an invitation to provide
testimony during the Grand Jury proceedings, after advice of an attorney.
Former Southwestern trustee Yolanda Salcido. Salcido was a political rival of Dominguez. Her
romantic involvement with Southwestern official John Wilson was the subject of a citizen's
Grand Jury report several years ago.
Southwestern official John Wilson recommended Seville Construction Services receive the
$2.7 million construction management contract in 2009, and then went to work for the
company a couple months later.
Last year, three contractors who did work at Southwestern and Sweetwater pleaded to lesser
misdemeanor charges and agreed to cooperate with investigators. They were: business
development executive Henry Amigable; contractor Rene Flores, and an architect Paul
Bunton.
One year ago:
When the Trouble Started for Sweetwater Schools
Rob Davis
Voice of San Diego
January 23, 2012
...investigators have searched the home of Bertha Lopez, a Sweetwater trustee whose
husband, Jose, is the Otay Water District's president. They've also searched the homes of
two former Southwestern College officials, Nicholas Alioto and John Wilson.
Investigators have interviewed the mayors of Chula Vista and National City, county
supervisors and a San Diego city councilman. Jaime Bonilla, another Otay Water District
board member, is also mentioned in search warrants; Bertha Lopez and Seville employees
had an appointment to dine at his house...
Concerned parents routinely went to board meetings throughout 2009 and 2010, criticizing
the board for its oversight of construction spending and for accepting campaign donations
from companies working for the district. One parent, Stewart Payne, said he thought the
board's behavior was strange enough that he went to the FBI in early 2011. Then he and
other parents went to the district attorney.
"I just said: Something's wrong here, I don't know what it is, but something's not making
sense," Payne said. "Something was just wrong."
Sweetwater Activist Cleared of Allegations Made by Boardmember
By Susan Luzzaro
San Diego Reader
May 10, 2012
...Jimmy Delgado, an employee of the San Ysidro Elementary School District, provided a
witness statement for McCann. According to Delgado, [Stewart] Payne “...aggressively
pointed his finger in McCann’s face.” Delgado's description of Payne's gestures agree with
Payne’s formal response.
Payne says he backed away from McCann’s advances that night: “I had retreated so far that I
could feel other people on my heels…. At this point I became concerned that Mr. [John]
McCann was becoming irrational and intending to do me harm. It is at this point that I
extended my hand pointing my finger to establish my personal boundary and told him not to
come closer or I would protect myself.”
Payne, who defended himself during the May 9 proceedings, said, “Have you ever seen
anyone who was going to hit someone with their finger?”
McCann was represented by an attorney at the hearing. According to a May 10 U-T report,
“Sweetwater superintendent Ed Brand approved the legal expense. He said the affair may
cost the school district around $2,400 in attorney’s fees for McCann.”...
[Maura Larkins note: I've heard other estimates of the amount of money Sweetwater spent to
intimidate Mr. Payne in the $8000 to $9000 range. Ed Brand has a habit of spending
outrageous sums on lawyers. See articles on Sweetwater lawyer Bonny Garcia] (who appears
in documents supporting board member indictments).
Posted by Maura Larkins at 11:07 PM No comments:
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Labels: . Abed (Gil), . Gandara (Jesus Gandara), . Lopez (Bertha Lopez), . Palkowitz (Art
Palkowitz), . Quinones (Pearl), charged with crimes, indictments, White chalk crime
Wednesday, October 03, 2012
Sharon McClain wins against Dan Shinoff and Del Mar Union School District; award is
$388,537 plus interest
Sharon McClain
See all Sharon McClain posts.
Former Del Mar Union School District superintendent Sharon McClain won her case for
wrongful termination/breach of contract. Why didn't Dan Shinoff simply advise the district to
do the prudent thing in the beginning? As it is, the district has to pay BOTH Sharon McClain
and Dan Shinoff.
McClain's attorney Dale Gronemeier successfully argued that the board didn't want to admit
that it couldn't get along with its superintendents, and was worried about the political
repercussions of buying out two different superintendents in two years, so it sought to trump
up accusations against McClain and fire her for cause. Dan Shinoff was unable to convince
the court that the firing was justified.
On October 3, 2012 the Court issued the following order (found on the Court's website):
COURT RULING: The Court finds judgment on the Amended Complaint(First Amended
Complaint) for Sharon McClain Ed D and against Del Mar Union School District in the amount
of: $388537.00 principal, $0 punitive damages, $0 attorney fees, $ interest, $0 prejudgment
costs and $0 other costs. Interest is awarded from the time of breach at the rate of 7%.
The transcript pretty much explains the case.
But apparently somebody doesn't want the public to see the transcript. Who could that be, I
wonder? I got a message today from the court reporter telling me I should erase the
transcript from my website. But how did she get my private email address? Could it be Dan
Shinoff or Jack Sleeth who complained to her and gave her my email address? They worked
the McClain case with their associate Gil Abed. (Yes, three lawyers were needed to lose the
case against attorney Dale Gronemeier.)
But no, it couldn't be. After all, Dan Shinoff is on the record saying that the truth would come
out if Sharon McClain sued.
Stutz Artiano Shinoff and Holtz, in a separate case, tried to make me erase every mention of
their law firm from my website, but the Court of Appeal ruled it unconstitutional when Judge
Judith Hayes obliged them by ordering me to erase their name and never even to speak their
name for the rest of my life.
My guess is that Stutz law firm will recommend that the case be appealed.
UPDATE October 9, 2012: EXCELLENT REPORTING BY THE DEL MAR TIMES
To its shame, U-T San Diego has not reported on the trial outcome in this case, although it
published the details of the district's criticisms of McClain.
It appears that education commentator Marsha Sutton was unable to bring herself to write
about the conclusion of this case, although she started out with a bang. I saw Marsha in court
during the trial, but something seems to have stopped her from reporting about the outcome.
Fortunately, reporter Karen Billing takes up the slack in these situations:
Judge rules in favor of former Del Mar school district superintendent
By Karen Billing
Del Mar Times
October 9, 2012
While the trial ended Oct. 3 in the case of former Del Mar Union School District
Superintendent Sharon McClain versus the district, the specifics of the judgment of the
wrongful termination lawsuit won’t be known for weeks.
“I won,” McClain said. “I feel vindicated. … The most important thing was the vindication to me
that they did the wrong thing. I’m glad it’s been proven that they were wrong.”
McClain said she will be owed two years and three months in back payments, plus retirement
from the California State Teachers Retirement System (STRS).
McClain’s attorney, Dale Gronemeier, emailed this newspaper copy from the court’s
statement of intended decision that said: “The Court finds in favor of plaintiff for breach of
contract in the sum of $413,500, which includes the district’s STRS contribution plus $32,000
for the tax sheltered annuity less the consulting income earned mitigation of $56,963. The
total award to plaintiff is $388,537 plus 7 percent interest from the time of breach.”
However, the district’s attorney Dan Shinoff said that the judge did not blanket order those
two years and three months in compensation and he believes the amount owed to be more
like $156,000.
“I think that the verdict was in her favor,” Shinoff said. “I think it’s our obligation as officers of
the court to make sure we’re never ever critical of a decision that a judge makes, but that
doesn’t mean there still aren’t issues capable of being viewed from a different perspective.”
The Del Mar school board met in closed session on Monday. Oct. 8, to discuss the case but
no action was taken. President Scott Wooden said that they are awaiting the court’s
judgment and nothing will happen until that point.
“We’d all like to see it resolved,” Wooden said.
... Doug Perkins and Comischell Rodriguez are the only current board members who were a
part of the previous board that fired McClain.
[Maura Larkins comment: Doug Perkins voted to fire McClain, costing the district much time
and money. Comischell Rodriguez was the only board member with the courage to vote
against the firing.]
...The transcript of the case will be made available later this week...
Read more: Judge rules in favor of former Del Mar school district superintendent
THE BIZARRE REPORTING OF U-T SAN DIEGO
On October 9, 2012 I added the following to this post: "To its shame, U-T San Diego has not
reported on the trial outcome in this case, although it published the details of the district's
criticisms of McClain."
Later that day, at 6:28 p.m., U-T San Diego published the bizarre and false headline, "Suit
settled in favor of former Del Mar Superintendent."
But this lawsuit is most definitely NOT settled. Why would anyone want the public to believe it
was settled?
I think the answer is clear. Many people claimed that the district would settle to avoid paying
huge amounts to lawyers. The opposite is true. The system is set up so that lawyers, rather
than wronged employees and students, receive the largesse of school insurer SDCOE-JPA
(San Diego County Office of Education). SDCOE's Diane Crosier used to work in Dan
Shinoff's law firm, and Mr. Shinoff was involved in hiring Ms. Crosier at SDCOE.
A reasonable person would conclude that the court had actually overseen a settlement of the
case. The word "trial" does not occur anywhere in the U-T article. The article refers to "legal
proceedings" and mentions the name of the judge, and includes a recitation of board
complaints against McClain.
The name of Dan Shinoff is entirely missing from the U-T article. Interestingly, the Union-
Tribune completely failed to cover the sexual harassment lawsuit that Mr. Shinoff lost on
behalf of his long-time client Patrick Judd, former superintendent of Mountain Empire Unified
School District and former board member of CVESD, although the Union-Tribune had
endorsed Mr. Judd repeatedly.
MAURA LARKINS NOTE: 30 DAYS MIGHT REALLY MEAN 30 DAYS
I don't know how anyone can be an expert on school law or any other kind of law if he
believes that the law is just a pile of shifting sand, going whichever way the wind blows, for no
apparent reason. Jack Sleeth and Dan Shinoff don't seem to believe that a law requiring 30
days notice actually means 30 days notice is required. We can all be skeptics, can't we?
Doesn't that mean that we are all equally experts?
pages 18-22 of the trial transcript
THE COURT:
LET ME ASK YOU ONE QUESTION BEFORE YOU DO THAT AND I'M GOING TO ASK THE
DISTRICT THE SAME QUESTION. WHY DIDN'T THEY GIVE HER 30 DAYS' NOTICE? THAT'S
SOMETHING I NEVER UNDERSTOOD FROM THE FIRST PHASE OF THIS TRIAL.
MR. GRONEMEIER:
MY ANSWER BEFORE AND MY ANSWER NOW IS THEY MUST HAVE GOTTEN BAD
ADVICE...THAT'S THE BEST GUESS I CAN MAKE. I'VE ASKED THAT QUESTION, AND
THEY'VE REFUSED LET ANYBODY ANSWER IT [in depositions]...
MR. SLEETH:
I THINK THE OTHER REASON IS WE INTERPRETED THAT PARTICULAR PROVISION
DIFFERENTLY AND YOU HEARD OUR ARGUMENT... YOU HEARD OUR ARGUMENT THAT
THE 30 DAY NOTICE DIDN'T APPLY TO MATERIAL BREACHES OF CONTRACT...
MR. SHINOFF:
THE DISTRICT SIMPLY HAD A DIFFERENT INTERPRETATION ...
THE COURT:
WELL, OKAY...I SUPPOSE THE ANSWER IS THAT RELATIONSHIP BETWEEN THE BOARD
AND THE COMMUNITY AND THE SUPERINTENDENT HAD DETERIORATED TO THE POINT
WHERE THE DISTRICT WAS WILLING TO TAKE THE RISK THAT THE 30 DAYS MIGHT
REALLY MEAN 30 DAYS.
UPDATE OCT. 10, 2012
INVASION OF THE...BROWN ACT?
STUTZ LAW FIRM ADVISES: CALL US "WHEN THE BROWN ACT INVADES"
From the Stutz Artiano Shinoff & Holtz website:
Robert Mahlowitz Presents “Dragged Into Closed Session”
Attorney Robert Mahlowitz will present “Dragged Into Closed Session: The Ins and Outs of
California’s Brown Act & Personnel Discussions” at the Fall Training Institute for the
Association of Chief Human Resource Officers/Equal Employment Officers (ACHRO/EEO).
The event will be held at Harrah’s Lake Tahoe October 24-26.
HR Professionals are often called upon to appear in closed session with their Boards to
discuss personnel issues. Limited budgets may restrict access to legal counsel when HR
Administrators have concerns about whether matters have been properly noticed, what
notice has been provided to an employee and what to do when the employee wants a public
airing of the discussion. Concerns also arise about potential personal liability for violation of
the Brown Act. For 30 years, Stutz Artiano has served as legal counsel to community college
and school districts in California and we will share insights to empower senior HR/EEO
professionals for those times when the Brown Act invades.
[Maura Larkins comment: Stutz provided legal counsel to MiraCosta College
throughout the Victoria Richart paroxysm, and to Grossmont-Cuyamaca during the
Omero Suarez scandal.
Posted by Maura Larkins at 8:54 PM 9 comments:
Labels: . Abed (Gil), . Billing (Karen), . McClain (Sharon McClain DMUSD), . Shinoff (Daniel
Shinoff), Attorney Jack Sleeth, Brown Act, Del Mar Union School District, school district
lawsuits, SDCOE
Monday, September 24, 2012
I watched the McClain v. Del Mar Union School District trial today
Update: Sharon McClain won her case against Del Mar Union
School District and Dan Shinoff
Also see trial transcript.
ORIGINAL POST:
I watched the McClain v. DMUSD trial today. I can't believe SDCOE-JPA is paying three full-
time lawyers (Dan Shinoff, Gil Abed and Jack Sleeth) to click three-ring binders open and
shut all day long, pulling out papers that don't seem to prove much of anything.
I remember the Union-Tribune headline about a "scathing evaluation" of Sharon McClain, but
I confess I didn't read the article. Who wants to read work evaluations? But given that
ominous headline, I was expecting the District lawyers to draw at least a little blood.
Late this afternoon, I thought the bloodletting might finally be starting. Dan Shinoff pointed to
the section in McClain’s contract that required her to do evaluations, and said, “Did you do a
written evaluation of Deena Wittington?” McClain said NO. Shinoff then launched into a litany
of names, asking McClain if she had done a written evaluation of each person. She kept
saying NO. Then suddenly we learned that evaluations of these individuals were only
required every two years, and McClain was fired before she got a chance to do them! So
what was the point of that long recital of names?
July 05, 2013
FBI investigates burning of documents from San Ysidro School
District; lawyer from Stutz Artiano Shinoff & Holtz has no comment
How important were these documents that San Ysidro School District was willing to take the
risk of being found out as it shredded, then burned, documents during civil and criminal court
proceedings?
Why didn't employees call the fire department when they smelled smoke?
"Gil Abed, an outside attorney for the district, was made aware of the police activity by NBC 7
News and does not yet have a comment on the police activity."
The following hints at a possible motive:
"In April, a San Diego Superior Court judge shot down a motion by on behalf of the district
requesting a protective order on materials and documents from a deposition in an $18 million
lawsuit..."
Cops Called to San Ysidro for Suspicious Document Dump
A custodial supervisor told investigators that district officials started burning documents
Sunday
By Wendy Fry and R. Stickney
NBC News 7
Jul 4, 2013
Someone was burning documents on the grounds of an embroiled San Diego-area school
district whose former superintendent is a subject in two criminal investigations.
Six San Diego police patrol cars and an unmarked vehicle were parked outside San Ysidro
School District headquarters at 4350 Otay Mesa Road Wednesday afternoon.
FBI investigators were also on scene interviewing people after witnesses reported seeing
burned and shredded documents with San Ysidro letterhead.
Crime scene tape cordoned off a dumpster filled with trash bags containing shredded paper.
In another area, a charred trash can could be seen behind police tape.
In an interview with investigators, a custodial supervisor said district officials started burning
documents Sunday.
Araleci Felix, who works for Purchasing Document, said she smelled smoke Tuesday around
noon.
Felix, 30, has worked for the district for 8 years. She said there seemed to be a lot of smoke
but did not call police or fire.
Others reported smelling smoke later in the night.
San Ysidro Board Trustee Jean Romero said the former superintendent Manuel Paul came to
the district's offices Tuesday to clear out his personal items from the office.
Paul resigned from his position in April after his indictment in an alleged "pay-to-play" criminal
investigation. The district agreed to pay him through the end of the school year, June 30.
Romero said the superintendent waited until school was out to be respectful of students and
staff.
She also said she was waiting to hear more from district counsel on the situation.
"The board is committed to having a new beginning once school starts again and bringing a
positive environment to our students and staff. We hope we can get back on track," Romero
said.
All district administrators are out of the office Wednesday. Assistant Superintendent Gloria
Madera is on vacation until Monday, July 8.
Gil Abed, an outside attorney for the district, was made aware of the police activity by NBC 7
News and does not yet have a comment on the police activity.
San Ysidro District is among three school South County districts involved in a lengthy
investigation into an alleged pay-to-play scheme with contractors and school construction
projects.
Fifteen former and current educators and school officials have been charged with 232 felony
and misdemeanor criminal charges in the case.
Prosecutors say the school officials traded their votes on multi-million dollar construction
contracts for gifts and other favors.
Paul has pleaded not guilty to to perjury charges, and for accepting a gift from a single
source over the legal limit.
Paul is listed in court documents accepting meals from contractors and dining with
Sweetwater Superintendent Gandara.
In April, a San Diego Superior Court judge shot down a motion by on behalf of the district
requesting a protective order on materials and documents from a deposition in an $18 million
lawsuit.
The lawsuit stems from the district's cancellation of a services contract with Eco Business
Alliance to install solar power systems at district campuses. Because no solar panels were
ever installed, no district funds were ever spent on the endeavor.
Paul admitted in a June deposition to accepting thousands in cash from a contractor in a
Chula Vista restaurant parking lot. He said, at the time, the money was for Trustee Yolanda
Hernandez's re-election campaign.
Source: http://www.nbcsandiego.com/news/local/Cops-Called-to-San-Ysidro-for-Suspicious-
Document-Dump-214205041.html#ixzz2YC77rlMN
Posted by Maura Larkins at 11:10 AM 1 comment:
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Labels: . Abed (Gil), corruption, destroying evidence, public records, San Ysidro School
District, South Bay Indictments, Stutz Artiano Shinoff Holtz, tampering
Monday, May 06, 2013
The Manuel Paul transcript that Dan Shinoff and Art Palkowitz didn't want voters and
taxpayers to see
Click HERE to see Stutz Artiano Shinoff & Holtz request for protective order and transcript of
Manuel Paul deposition. The last 23 pages of the PDF file contain the rough draft transcript
of the deposition, in which Mr. Paul was represented by Gil Abed.
Judge Denton ruled against Mr. Shinoff.
Stutz Artiano Shinoff & Holtz has claimed in court that this blogger defamed it by writing that
Dan Shinoff conceals events in schools. So what would be the purpose of the requested
order other than to conceal the actions of school officials? Why keep depositions of school
officials and employees secret from the voters and taxpayers?
Posted by Maura Larkins at 2:47 PM No comments:
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Labels: . Abed (Gil), . Castanares (Art), . Palkowitz (Art Palkowitz), . Paul (Manuel), . Shinoff
(Daniel Shinoff), First Amendment, San Ysidro School District, Secrecy in court cases,
secrecy in schools
Tuesday, January 08, 2013
UPDATED: Arraignments of fifteen defendants connected with South Bay schools
JAN. 23,2015 UPDATE REGARDING SAN YSIDRO SCHOOLS' LAWYERS
TWO UPDATES REGARDING SAN YSIDRO SUPERINTENDENT MANUEL PAUL:
1) Civil lawsuit against the district
Jeff McDonald of the Union-Tribune reports on Jan. 15, 2013: "An $18 million lawsuit against
the San Ysidro School District has been pushed back by at least three months because a
key witness — Superintendent Manuel Paul — is facing criminal corruption charges.
Judge Steven Denton agreed to the delay after the district’s lawyer said Paul planned to
invoke his constitutional right against self-incrimination and refuse to answer any more
questions in depositions.
“Mr. Paul has been indicted, and I am informed and believe that the superintendent will be
asserting the Fifth Amendment on every question posed,” attorney Arthur Palkowitz wrote in
a motion to the judge...
2) San Ysidro school board decisions:
B San Ysidro School District parents forced the school board on Jan. 16, 2013 to reject a
plan to pay $100,000 each for Manuel Paul's and Yolanda Hernandez' criminal legal defense.
(Of course, Stutz Artiano Shinoff & Holtz is still being paid to work with Mr. Paul regarding the
civil case mentioned above.) The board also reversed its Jan. 8, 2013 decision NOT to put
Mr. Paul on administrative leave.
ORIGINAL POST REGARDING JANUARY 7, 2013 ARRAIGNMENTS
I was surprised to see ubiquitous school attorney Gil Abed at the criminal court yesterday for
the arraignment of fifteen individuals connected with three South Bay school districts.
Lawyers from Mr. Abed's law firm, Stutz Artiano Shinoff & Holtz, generally restrict themselves
to the civil courthouse one block west.
Apparently San Ysidro taxpayers were paying Mr. Abed to sit next to San Ysidro Schools
Superintendent Manuel Paul, providing moral support. Mr. Paul didn't have to testify, so he
didn't need his lawyer to prepare him for testifying. In fact, Mr. Abed is Mr. Paul's civil
attorney and wasn't directly involved with the arraignment proceedings.
Channel 10 News reports that the San Ysidro school board has shown remarkable generosity
to Mr. Paul recently. Shortly after it was revealed that he'd accepted $2,500 cash from a
contractor, they gave him a $10,000 raise! I trust that this isn't hush money. The day after his
arraignment, the trustees announced that Mr. Paul's job is safe--for now, at least. Board
member Yolanda Hernandez, a fellow defendant of Manuel Paul, was not at the January 8,
2013 board meeting.
The highlight of the event
for me was watching the arraignment
of former CVESD board member, and current Sweetwater Union High School District trustee,
Bertha Lopez.
Bertha has provided a continuous stream
of fodder for my blogs for many years. Bertha channeled a large number of dollars to Dan
Shinoff of Stutz Artiano Shinoff & Holtz for civil court legal work when she was a CVESD board
member.
I actually think that the type of corruption being dealt with in these indictments is penny ante
stuff.
The real corruption is not so obvious. It's dressed up in legal language. Judges and juries
often let the education establishment get away with running a corrupt system because no
one likes to pick on schools.
The things that go on at San Diego County Office of Education are shocking, but no one
except Jerry Rindone ever complains about it. SDCOE even approves indemnification of their
lawyers, a rare policy that was much criticized when Otay Water District indemnified Jaime
Bonilla.
DRAMA OUTSIDE THE COURTROOM
San Ysidro Schools employee Jimmy Delgado provided some drama after the hearing by
aggressively pointing his finger in the face of Alex Anguiano, president of Sweetwater
Education Association, and threatening to sue him if he said anything untrue about Delgado.
Apparently Mr. Delgado was angry that Mr. Anguiano (and the large group of Sweetwater
teachers accompanying Mr. Anguiano) were NOT supporting Pearl Quinones. The teachers
were quite miffed with the arraigned board members and with former superintendent Jesus
Gandara, another defendant.
UPDATE: The San Diego Reader has a video of the last few seconds of the encounter. The
Reader reports that Jimmy Delgado heads the Latino Political Action Committee of San
Diego, which contributed $1000 to Pearl Quiñones in the last election.
Ironically, just a few months ago Jimmy Delgado was in court testifying on behalf of
Sweetwater board member John McCann's unsuccessful effort to get a restraining order
against parent Stewart Payne. Ed Brand says the taxpayers paid about $2,400 for that effort,
but others estimate that the cost was over three times that amount. (See the short account of
the TRO hearing at the bottom of this post.) Delgado testified that Payne “...aggressively
pointed his finger in McCann’s face.” McCann thought this behavior warranted a restraining
order, but the judge did not agree.
Indictments Rain Down Across South Bay
By Wendy Fry
Union-Tribune
Jan 7, 2013
More defendants have been snagged in the District Attorney's corruption probe into South
Bay school construction projects.
The San Diego Superior Court docket for Monday lists a 2 p.m. appearance date for 15
defendants in the criminal probe. The corruption investigation has expanded in recent days
to include new defendants from those originally charged with criminal complaints last year.
The defendants are current and former school officials, elected trustees, and contractors
who did work at San Ysidro schools, the Sweetwater school district and Southwestern
College. Many have already entered "not guilty" pleas on prior and identical complaints,
including Gandara, Sandoval, Ricasa and Quiñones.
The Grand Jury began meeting in early November in a major "pay-to-play" public corruption
case that now stretches across three South Bay school districts.
Prosecutors say the school officials traded their votes on multi-million dollar construction
contracts for gifts and other favors.
Those who are scheduled to appear in court to be arraigned on indictments include:
Financier Gary Cabello, 53, who did work at both Southwestern College and Sweetwater.
Cabello's home and former offices were raided in May 2012. As an underwriter, Cabello was
tasked with calculating the size of the bond measure and the tax rate needed to finance the
Sweetwater school district's wish list of building projects. His company, Alta Vista contributed
$25,000 to the campaign to get the Sweetwater bond measure approved by voters, and then
won a contract underwriting the bond. Cabello later worked for Cabrera Capital Markets,
LLC., which had a contract with Southwestern College for financing on Proposition R bond
funds. He could not be reached for comment, but his attorney said on Dec. 28 that she had
not received any documentation that her client had been indicted by the Grand Jury.
Current Sweetwater trustee Jim Cartmill, the CEO of a nutritional supplement company.
Cartmill received a $20,000 campaign contribution from a company doing work with the
Sweetwater school district. The donation was allegedly procured by then-Superintendent Dr.
Jesus Gandara while Cartmill and Gandara were on a trip to Mexico with others, according to
court documents. Current Superintendent Dr. Ed Brand was an investor in Cartmill's
company, according to bankruptcy documents with the Securities Exchange Commission.
Messages left on Cartmill's voicemail since Dec. 28 have not been returned.
Jeff Flores, the president of Seville Construction Services, a construction firm that won a $2.7
million contract to do work under Southwestern College's Proposition R. Court records show
Flores had an inside track working with Southwestern College officials on the project before it
was officially bid. Some emails in the court affidavits indicate the contractor was allegedly
involved in writing the request for proposals, or bidding documents for the college official.
The court records also show he wrote the interview questions for the screening process.
Flores' company has released repeated statements about the situation, including: "We
believe SCS has operated and acted in good faith throughout our relationship with the
(Southwestern College) district, including the termination of an employee a year ago for
inappropriate actions that included violation of our corporate code of conduct. We believe
the independent actions of individuals previously involved in the program are negatively
affecting both organizations and the community.”
Former Sweetwater Superintendent Dr. Jesus Gandara. In 2006, Sweetwater trustees Jim
Cartmill and Arlie Ricasa flew to Texas to interview Gandara for a position at the
recommendation of the head-hunting firm Hazard, Young and Attea & Associates. His rocky
tenure included borrowing bond money to pay off daily general fund expenses; inviting
contractors to a "money tree" event for his daughter's bridal shower; hiding PR expenses
from the board and a controversial exit strategy under investigation by state pension
regulators. Prosecutors say he and several other board members spent night after night at
expensive meals, sporting events, and trips, funded by contractors seeking work with the
district. He has pleaded not guilty.
Current San Ysidro board member Yolanda Hernandez. Hernandez was the alleged recipient
of a $2,500 cash drop-off made by a contractor to the San Ysidro Superintendent Manuel
Paul in a restaurant parking lot. She also pays the majority of her campaign funds to a
company she owns, according to state documents. She has declined repeated requests for
comment.
Sweetwater trustee Bertha Lopez whose home was raided December 2011. Lopez was an
early whistleblower, alerting officials to the corruption in the South County school districts.
She was re-elected in November to her seat.
San Ysidro Superintendent Manuel Paul is listed in court documents accepting meals from
contractors and dining with Sweetwater Superintendent Gandara. He also admitted in a June
deposition to accepting thousands in cash from a contractor in a Chula Vista restaurant
parking lot.
Sweetwater trustee Pearl Quiñones, 59, was an educator in the San Ysidro School District.
Quiñones was also re-elected to her seat in November with strong support from Mayor Bob
Filner. The long-time National City resident is listed in court documents for dining at
expensive meals and allegedly soliciting a paid position on a state commission in 2006 from a
contractor working for the district. She has entered a "not guilty" plea.
Sweetwater trustee Arlie Ricasa, 48, works as an administrator at Southwestern College.
Court papers show Ricasa contacted a Sweetwater construction contractor with her college
email account to arrange a $3,900 campaign contribution for a state Assembly bid. The
contractor, Rene Flores, pleaded "no contest" in April 2012 to a misdemeanor of aiding in the
commission of a misdemeanor. Ricasa also asked Flores to fund her daughter's $1,800 trip
to the National Young Leaders State Conference, and did not disclose the gift on state-
mandated forms, the court records show. She has pleaded not guilty.
Former Sweetwater trustee Greg Sandoval, 58, also worked at Southwestern College as an
administrator. He served on the Sweetwater school board for 16 years until 2010. According
to court records Sandoval allegedly asked a business development executive working for a
Sweetwater district contractor to pay $500 to enter Sandoval's daughter in a Miss South
County pageant. The prosecutor's affidavit used to obtain a search warrant at Sandoval's
home states Sandoval “had his hand out asking for gifts or donations so often, even
employees from SGI remarked that he ‘has no shame.’” He has entered a "not guilty" plea.
Former Southwestern college official Nicholas Alioto, 47, resigned in 2011 amid controversy
after the UT San Diego reported on a Napa Valley trip with a construction contractor who
weeks later won $4 million work with the district. When the search warrants were served in
December 2011, Alioto was found living in the guest house of the Poway home of that
contractor. Alioto has entered a "not guilty" plea.
Former Southwestern Superintendent Raj Chopra was brought to Southwestern College in
2007 by the same head-hunting firm that found Gandara for the Sweetwater district. In the
wake of state budget woes, Chopra enraged the South Bay community college employees
with deep budget cuts. He also presided over the passing of Proposition R, a $389 million
bond measure for school construction. There are only scarce mentions of Chopra in the D.
A.'s affidavits served in 2011. However, an internal college probe found commingling of funds
between the bond campaign and the college's general funds.
Former Southwestern trustee Jorge Dominguez. Dominguez said on Dec. 28 he was unaware
he had been indicted by the Grand Jury. He added he declined an invitation to provide
testimony during the Grand Jury proceedings, after advice of an attorney.
Former Southwestern trustee Yolanda Salcido. Salcido was a political rival of Dominguez. Her
romantic involvement with Southwestern official John Wilson was the subject of a citizen's
Grand Jury report several years ago.
Southwestern official John Wilson recommended Seville Construction Services receive the
$2.7 million construction management contract in 2009, and then went to work for the
company a couple months later.
Last year, three contractors who did work at Southwestern and Sweetwater pleaded to lesser
misdemeanor charges and agreed to cooperate with investigators. They were: business
development executive Henry Amigable; contractor Rene Flores, and an architect Paul
Bunton.
One year ago:
When the Trouble Started for Sweetwater Schools
Rob Davis
Voice of San Diego
January 23, 2012
...investigators have searched the home of Bertha Lopez, a Sweetwater trustee whose
husband, Jose, is the Otay Water District's president. They've also searched the homes of
two former Southwestern College officials, Nicholas Alioto and John Wilson.
Investigators have interviewed the mayors of Chula Vista and National City, county
supervisors and a San Diego city councilman. Jaime Bonilla, another Otay Water District
board member, is also mentioned in search warrants; Bertha Lopez and Seville employees
had an appointment to dine at his house...
Concerned parents routinely went to board meetings throughout 2009 and 2010, criticizing
the board for its oversight of construction spending and for accepting campaign donations
from companies working for the district. One parent, Stewart Payne, said he thought the
board's behavior was strange enough that he went to the FBI in early 2011. Then he and
other parents went to the district attorney.
"I just said: Something's wrong here, I don't know what it is, but something's not making
sense," Payne said. "Something was just wrong."
Sweetwater Activist Cleared of Allegations Made by Boardmember
By Susan Luzzaro
San Diego Reader
May 10, 2012
...Jimmy Delgado, an employee of the San Ysidro Elementary School District, provided a
witness statement for McCann. According to Delgado, [Stewart] Payne “...aggressively
pointed his finger in McCann’s face.” Delgado's description of Payne's gestures agree with
Payne’s formal response.
Payne says he backed away from McCann’s advances that night: “I had retreated so far that I
could feel other people on my heels…. At this point I became concerned that Mr. [John]
McCann was becoming irrational and intending to do me harm. It is at this point that I
extended my hand pointing my finger to establish my personal boundary and told him not to
come closer or I would protect myself.”
Payne, who defended himself during the May 9 proceedings, said, “Have you ever seen
anyone who was going to hit someone with their finger?”
McCann was represented by an attorney at the hearing. According to a May 10 U-T report,
“Sweetwater superintendent Ed Brand approved the legal expense. He said the affair may
cost the school district around $2,400 in attorney’s fees for McCann.”...
[Maura Larkins note: I've heard other estimates of the amount of money Sweetwater spent to
intimidate Mr. Payne in the $8000 to $9000 range. Ed Brand has a habit of spending
outrageous sums on lawyers. See articles on Sweetwater lawyer Bonny Garcia] (who appears
in documents supporting board member indictments).
Posted by Maura Larkins at 11:07 PM No comments:
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Wednesday, October 03, 2012
Sharon McClain wins against Dan Shinoff and Del Mar Union School District; award is
$388,537 plus interest
Sharon McClain
See all Sharon McClain posts.
Former Del Mar Union School District superintendent Sharon McClain won her case for
wrongful termination/breach of contract. Why didn't Dan Shinoff simply advise the district to
do the prudent thing in the beginning? As it is, the district has to pay BOTH Sharon McClain
and Dan Shinoff.
McClain's attorney Dale Gronemeier successfully argued that the board didn't want to admit
that it couldn't get along with its superintendents, and was worried about the political
repercussions of buying out two different superintendents in two years, so it sought to trump
up accusations against McClain and fire her for cause. Dan Shinoff was unable to convince
the court that the firing was justified.
On October 3, 2012 the Court issued the following order (found on the Court's website):
COURT RULING: The Court finds judgment on the Amended Complaint(First Amended
Complaint) for Sharon McClain Ed D and against Del Mar Union School District in the amount
of: $388537.00 principal, $0 punitive damages, $0 attorney fees, $ interest, $0 prejudgment
costs and $0 other costs. Interest is awarded from the time of breach at the rate of 7%.
The transcript pretty much explains the case.
But apparently somebody doesn't want the public to see the transcript. Who could that be, I
wonder? I got a message today from the court reporter telling me I should erase the
transcript from my website. But how did she get my private email address? Could it be Dan
Shinoff or Jack Sleeth who complained to her and gave her my email address? They worked
the McClain case with their associate Gil Abed. (Yes, three lawyers were needed to lose the
case against attorney Dale Gronemeier.)
But no, it couldn't be. After all, Dan Shinoff is on the record saying that the truth would come
out if Sharon McClain sued.
Stutz Artiano Shinoff and Holtz, in a separate case, tried to make me erase every mention of
their law firm from my website, but the Court of Appeal ruled it unconstitutional when Judge
Judith Hayes obliged them by ordering me to erase their name and never even to speak their
name for the rest of my life.
My guess is that Stutz law firm will recommend that the case be appealed.
UPDATE October 9, 2012: EXCELLENT REPORTING BY THE DEL MAR TIMES
To its shame, U-T San Diego has not reported on the trial outcome in this case, although it
published the details of the district's criticisms of McClain.
It appears that education commentator Marsha Sutton was unable to bring herself to write
about the conclusion of this case, although she started out with a bang. I saw Marsha in court
during the trial, but something seems to have stopped her from reporting about the outcome.
Fortunately, reporter Karen Billing takes up the slack in these situations:
Judge rules in favor of former Del Mar school district superintendent
By Karen Billing
Del Mar Times
October 9, 2012
While the trial ended Oct. 3 in the case of former Del Mar Union School District
Superintendent Sharon McClain versus the district, the specifics of the judgment of the
wrongful termination lawsuit won’t be known for weeks.
“I won,” McClain said. “I feel vindicated. … The most important thing was the vindication to me
that they did the wrong thing. I’m glad it’s been proven that they were wrong.”
McClain said she will be owed two years and three months in back payments, plus retirement
from the California State Teachers Retirement System (STRS).
McClain’s attorney, Dale Gronemeier, emailed this newspaper copy from the court’s
statement of intended decision that said: “The Court finds in favor of plaintiff for breach of
contract in the sum of $413,500, which includes the district’s STRS contribution plus $32,000
for the tax sheltered annuity less the consulting income earned mitigation of $56,963. The
total award to plaintiff is $388,537 plus 7 percent interest from the time of breach.”
However, the district’s attorney Dan Shinoff said that the judge did not blanket order those
two years and three months in compensation and he believes the amount owed to be more
like $156,000.
“I think that the verdict was in her favor,” Shinoff said. “I think it’s our obligation as officers of
the court to make sure we’re never ever critical of a decision that a judge makes, but that
doesn’t mean there still aren’t issues capable of being viewed from a different perspective.”
The Del Mar school board met in closed session on Monday. Oct. 8, to discuss the case but
no action was taken. President Scott Wooden said that they are awaiting the court’s
judgment and nothing will happen until that point.
“We’d all like to see it resolved,” Wooden said.
... Doug Perkins and Comischell Rodriguez are the only current board members who were a
part of the previous board that fired McClain.
[Maura Larkins comment: Doug Perkins voted to fire McClain, costing the district much time
and money. Comischell Rodriguez was the only board member with the courage to vote
against the firing.]
...The transcript of the case will be made available later this week...
Read more: Judge rules in favor of former Del Mar school district superintendent
THE BIZARRE REPORTING OF U-T SAN DIEGO
On October 9, 2012 I added the following to this post: "To its shame, U-T San Diego has not
reported on the trial outcome in this case, although it published the details of the district's
criticisms of McClain."
Later that day, at 6:28 p.m., U-T San Diego published the bizarre and false headline, "Suit
settled in favor of former Del Mar Superintendent."
But this lawsuit is most definitely NOT settled. Why would anyone want the public to believe it
was settled?
I think the answer is clear. Many people claimed that the district would settle to avoid paying
huge amounts to lawyers. The opposite is true. The system is set up so that lawyers, rather
than wronged employees and students, receive the largesse of school insurer SDCOE-JPA
(San Diego County Office of Education). SDCOE's Diane Crosier used to work in Dan
Shinoff's law firm, and Mr. Shinoff was involved in hiring Ms. Crosier at SDCOE.
A reasonable person would conclude that the court had actually overseen a settlement of the
case. The word "trial" does not occur anywhere in the U-T article. The article refers to "legal
proceedings" and mentions the name of the judge, and includes a recitation of board
complaints against McClain.
The name of Dan Shinoff is entirely missing from the U-T article. Interestingly, the Union-
Tribune completely failed to cover the sexual harassment lawsuit that Mr. Shinoff lost on
behalf of his long-time client Patrick Judd, former superintendent of Mountain Empire Unified
School District and former board member of CVESD, although the Union-Tribune had
endorsed Mr. Judd repeatedly.
MAURA LARKINS NOTE: 30 DAYS MIGHT REALLY MEAN 30 DAYS
I don't know how anyone can be an expert on school law or any other kind of law if he
believes that the law is just a pile of shifting sand, going whichever way the wind blows, for no
apparent reason. Jack Sleeth and Dan Shinoff don't seem to believe that a law requiring 30
days notice actually means 30 days notice is required. We can all be skeptics, can't we?
Doesn't that mean that we are all equally experts?
pages 18-22 of the trial transcript
THE COURT:
LET ME ASK YOU ONE QUESTION BEFORE YOU DO THAT AND I'M GOING TO ASK THE
DISTRICT THE SAME QUESTION. WHY DIDN'T THEY GIVE HER 30 DAYS' NOTICE? THAT'S
SOMETHING I NEVER UNDERSTOOD FROM THE FIRST PHASE OF THIS TRIAL.
MR. GRONEMEIER:
MY ANSWER BEFORE AND MY ANSWER NOW IS THEY MUST HAVE GOTTEN BAD
ADVICE...THAT'S THE BEST GUESS I CAN MAKE. I'VE ASKED THAT QUESTION, AND
THEY'VE REFUSED LET ANYBODY ANSWER IT [in depositions]...
MR. SLEETH:
I THINK THE OTHER REASON IS WE INTERPRETED THAT PARTICULAR PROVISION
DIFFERENTLY AND YOU HEARD OUR ARGUMENT... YOU HEARD OUR ARGUMENT THAT
THE 30 DAY NOTICE DIDN'T APPLY TO MATERIAL BREACHES OF CONTRACT...
MR. SHINOFF:
THE DISTRICT SIMPLY HAD A DIFFERENT INTERPRETATION ...
THE COURT:
WELL, OKAY...I SUPPOSE THE ANSWER IS THAT RELATIONSHIP BETWEEN THE BOARD
AND THE COMMUNITY AND THE SUPERINTENDENT HAD DETERIORATED TO THE POINT
WHERE THE DISTRICT WAS WILLING TO TAKE THE RISK THAT THE 30 DAYS MIGHT
REALLY MEAN 30 DAYS.
UPDATE OCT. 10, 2012
INVASION OF THE...BROWN ACT?
STUTZ LAW FIRM ADVISES: CALL US "WHEN THE BROWN ACT INVADES"
From the Stutz Artiano Shinoff & Holtz website:
Robert Mahlowitz Presents “Dragged Into Closed Session”
Attorney Robert Mahlowitz will present “Dragged Into Closed Session: The Ins and Outs of
California’s Brown Act & Personnel Discussions” at the Fall Training Institute for the
Association of Chief Human Resource Officers/Equal Employment Officers (ACHRO/EEO).
The event will be held at Harrah’s Lake Tahoe October 24-26.
HR Professionals are often called upon to appear in closed session with their Boards to
discuss personnel issues. Limited budgets may restrict access to legal counsel when HR
Administrators have concerns about whether matters have been properly noticed, what
notice has been provided to an employee and what to do when the employee wants a public
airing of the discussion. Concerns also arise about potential personal liability for violation of
the Brown Act. For 30 years, Stutz Artiano has served as legal counsel to community college
and school districts in California and we will share insights to empower senior HR/EEO
professionals for those times when the Brown Act invades.
[Maura Larkins comment: Stutz provided legal counsel to MiraCosta College
throughout the Victoria Richart paroxysm, and to Grossmont-Cuyamaca during the
Omero Suarez scandal.
Posted by Maura Larkins at 8:54 PM 9 comments:
Labels: . Abed (Gil), . Billing (Karen), . McClain (Sharon McClain DMUSD), . Shinoff (Daniel
Shinoff), Attorney Jack Sleeth, Brown Act, Del Mar Union School District, school district
lawsuits, SDCOE
Monday, September 24, 2012
I watched the McClain v. Del Mar Union School District trial today
Update: Sharon McClain won her case against Del Mar Union
School District and Dan Shinoff
Also see trial transcript.
ORIGINAL POST:
I watched the McClain v. DMUSD trial today. I can't believe SDCOE-JPA is paying three full-
time lawyers (Dan Shinoff, Gil Abed and Jack Sleeth) to click three-ring binders open and
shut all day long, pulling out papers that don't seem to prove much of anything.
I remember the Union-Tribune headline about a "scathing evaluation" of Sharon McClain, but
I confess I didn't read the article. Who wants to read work evaluations? But given that
ominous headline, I was expecting the District lawyers to draw at least a little blood.
Late this afternoon, I thought the bloodletting might finally be starting. Dan Shinoff pointed to
the section in McClain’s contract that required her to do evaluations, and said, “Did you do a
written evaluation of Deena Wittington?” McClain said NO. Shinoff then launched into a litany
of names, asking McClain if she had done a written evaluation of each person. She kept
saying NO. Then suddenly we learned that evaluations of these individuals were only
required every two years, and McClain was fired before she got a chance to do them! So
what was the point of that long recital of names?
| San Diego Education Report |
| SDER |
San Diego
Education Report
Education Report
| SDER |
| SDER |
| SDER |
| San Diego Education Report |
| SDER |
San Diego
Education Report
Education Report
| SDER |
| SDER |
| SDER |
Gil Abed, San Diego attorney
Stutz Artiano Shinoff & Holtz
Stutz Artiano Shinoff & Holtz
Why This Website
Stutz Artiano Shinoff
& Holtz v. Maura
Larkins defamation
SDCOE
CVESD
Castle Park
Elementary School
Law Enforcement
CTA
CVE
Stutz Artiano Shinoff
& Holtz
Silence is Golden
Schools and Violence
Office Admin Hearings
Larkins OAH Hearing
Stutz Artiano Shinoff
& Holtz v. Maura
Larkins defamation
SDCOE
CVESD
Castle Park
Elementary School
Law Enforcement
CTA
CVE
Stutz Artiano Shinoff
& Holtz
Silence is Golden
Schools and Violence
Office Admin Hearings
Larkins OAH Hearing
Mistrial declared in Allyn vs. FUESD
Debbie Ramsey
Managing Editor
Village News
October 24th, 2013
On Monday, Oct. 21, Judge Jacqueline Stern declared a mistrial in the case of Allyn vs.
Fallbrook Union Elementary School District (FUESD) at Vista Superior Court, citing that the
proceedings would exceed the time limit previously established for the trial. The
trial had just begun its seventh day out of the 10 days slated for it. Allyn, the district’
s former information technology director and an employee of 18 years, claimed she was
wrongfully terminated by administrators in 2012 in an act of retaliation and that the district
violated public policy by misusing public funds.
"The jury in this case had been scheduled through Thursday, Oct. 24, and the court
determined that the case would not conclude until Nov. 7, resulting in the judge declaring a
mistrial," said FUESD defense attorney Gil Abed of Stutz, Artiano, Shinoff & Holtz, APC.
Allyn’s attorney Michael Curran, of Curran & Curran Law, posted the blame for the
mistrial firmly on the defense counsel.
"I think it is reprehensible the way they wasted everyone’s time
and resources," said Curran, who claimed FUESD attorneys
"intentionally" prolonged examination of their defendants in
order to effect a mistrial.
Curran said he "repeatedly objected to the defense counsel’s undue
consumption of time."
FUESD’s defendants, Dennis Bixler, Candace Singh, Bob Price, and associate
superintendent Raymond Proctor were the individuals under fire by the plaintiff’s
counsel.
In an earlier interview, Curran said, "This case is really about an abuse of power,
a breach of public trust, and a cover up that included retaliation by [Allyn’s]
bosses."
Curran cited examples of what he called the "excessive" time used in the early
days of the trial. "We examined Bixler for 2.5 hours, compared to their 6.5 hours;
we examined superintendent Singh for 2 hours, compared to their 6 hours; and
we questioned the district’s investigator Price for 2.5 hours, compared to their
7.5 hours," he said.
"Then the district and their counsel claimed they need another two weeks to put on their
defense case," said Curran. "The judge was forced to declare mistrial after jurors indicated
they could not stay longer then the court originally cleared."
"Two jurors would have encountered problems with their jobs; one had to report for military
duty on a certain date," Curran explained.
Prior to the mistrial being declared, Curran said in his opinion, "The case was going along
very well and we were demonstrating that Ms. Allyn’s termination was wrongful and
retaliatory; the evidence was unfolding just as we had planned."
Conversely, Abed said "As officers of the court, neither Mr. Shinoff (law firm partner) nor I
will try a case in the press and will only litigate our cases before the court. We are very
disappointed that we were not able to complete this trial and show the jury the abundance
of evidence justifying the dismissal of a management employee in the district."
Judge Stern ordered a judicial settlement conference be set for Dec. 12 in the case, which
will be presided over by Judge Thomas Nugent, to see if the parties can be assisted in
resolving the case before scheduling a new trial.
"[The district] could settle with Ms. Allyn and they should," said Curran. "If an acceptable
settlement is not reached, then a case management conference will be set for January,
after which a new trial date will be ordered."
Following the dismissal of the jurors, Curran said he had an opportunity to speak
with 11 of the 12 to gauge their opinion of the case.
"Ten of the 11 jurors said they felt like it was looking like a case of retaliation
(against Allyn)," said Curran. "They said they felt Bixler and Singh were not
credible, and that Singh also came across as rehearsed. They said they felt Price
wasn’t believable and they hadn’t seen anything that proved [Allyn] had violated
any processes."
Curran claimed one significant incident during the proceedings was noted by the
jurors. "Bixler impeached himself dozens of times by changing his testimony on a
critical issue in the trial." The matter involved whether or not Allyn had
complained to Bixler that she was being asked to delete district archives.
"That is smoking gun evidence and we knew he was being told to change his
testimony," said Curran. "We showed him what was in his notes and he had to go
back to his original testimony."
Abed said his respect continues for the jury trial process. "A trial is a pursuit of the truth to
a jury. We look forward to a complete vindication of all the allegations made against the
district."
Curran said he felt the situation leading to the mistrial was disrespectful.
"It is a terrible, continued injustice to Ms. Allyn and 12 very conscientious jurors
who listened to the evidence/case for seven days only to have their time wasted
by the district and their lawyers," he said.
Curran said other matters have come to light during his handling of Allyn’s case
that he feels should be investigated.
"We intend on providing a complete report and demanding the San Diego Office of
Education and California Office of Education investigate these matters," said Curran.
Debbie Ramsey
Managing Editor
Village News
October 24th, 2013
On Monday, Oct. 21, Judge Jacqueline Stern declared a mistrial in the case of Allyn vs.
Fallbrook Union Elementary School District (FUESD) at Vista Superior Court, citing that the
proceedings would exceed the time limit previously established for the trial. The
trial had just begun its seventh day out of the 10 days slated for it. Allyn, the district’
s former information technology director and an employee of 18 years, claimed she was
wrongfully terminated by administrators in 2012 in an act of retaliation and that the district
violated public policy by misusing public funds.
"The jury in this case had been scheduled through Thursday, Oct. 24, and the court
determined that the case would not conclude until Nov. 7, resulting in the judge declaring a
mistrial," said FUESD defense attorney Gil Abed of Stutz, Artiano, Shinoff & Holtz, APC.
Allyn’s attorney Michael Curran, of Curran & Curran Law, posted the blame for the
mistrial firmly on the defense counsel.
"I think it is reprehensible the way they wasted everyone’s time
and resources," said Curran, who claimed FUESD attorneys
"intentionally" prolonged examination of their defendants in
order to effect a mistrial.
Curran said he "repeatedly objected to the defense counsel’s undue
consumption of time."
FUESD’s defendants, Dennis Bixler, Candace Singh, Bob Price, and associate
superintendent Raymond Proctor were the individuals under fire by the plaintiff’s
counsel.
In an earlier interview, Curran said, "This case is really about an abuse of power,
a breach of public trust, and a cover up that included retaliation by [Allyn’s]
bosses."
Curran cited examples of what he called the "excessive" time used in the early
days of the trial. "We examined Bixler for 2.5 hours, compared to their 6.5 hours;
we examined superintendent Singh for 2 hours, compared to their 6 hours; and
we questioned the district’s investigator Price for 2.5 hours, compared to their
7.5 hours," he said.
"Then the district and their counsel claimed they need another two weeks to put on their
defense case," said Curran. "The judge was forced to declare mistrial after jurors indicated
they could not stay longer then the court originally cleared."
"Two jurors would have encountered problems with their jobs; one had to report for military
duty on a certain date," Curran explained.
Prior to the mistrial being declared, Curran said in his opinion, "The case was going along
very well and we were demonstrating that Ms. Allyn’s termination was wrongful and
retaliatory; the evidence was unfolding just as we had planned."
Conversely, Abed said "As officers of the court, neither Mr. Shinoff (law firm partner) nor I
will try a case in the press and will only litigate our cases before the court. We are very
disappointed that we were not able to complete this trial and show the jury the abundance
of evidence justifying the dismissal of a management employee in the district."
Judge Stern ordered a judicial settlement conference be set for Dec. 12 in the case, which
will be presided over by Judge Thomas Nugent, to see if the parties can be assisted in
resolving the case before scheduling a new trial.
"[The district] could settle with Ms. Allyn and they should," said Curran. "If an acceptable
settlement is not reached, then a case management conference will be set for January,
after which a new trial date will be ordered."
Following the dismissal of the jurors, Curran said he had an opportunity to speak
with 11 of the 12 to gauge their opinion of the case.
"Ten of the 11 jurors said they felt like it was looking like a case of retaliation
(against Allyn)," said Curran. "They said they felt Bixler and Singh were not
credible, and that Singh also came across as rehearsed. They said they felt Price
wasn’t believable and they hadn’t seen anything that proved [Allyn] had violated
any processes."
Curran claimed one significant incident during the proceedings was noted by the
jurors. "Bixler impeached himself dozens of times by changing his testimony on a
critical issue in the trial." The matter involved whether or not Allyn had
complained to Bixler that she was being asked to delete district archives.
"That is smoking gun evidence and we knew he was being told to change his
testimony," said Curran. "We showed him what was in his notes and he had to go
back to his original testimony."
Abed said his respect continues for the jury trial process. "A trial is a pursuit of the truth to
a jury. We look forward to a complete vindication of all the allegations made against the
district."
Curran said he felt the situation leading to the mistrial was disrespectful.
"It is a terrible, continued injustice to Ms. Allyn and 12 very conscientious jurors
who listened to the evidence/case for seven days only to have their time wasted
by the district and their lawyers," he said.
Curran said other matters have come to light during his handling of Allyn’s case
that he feels should be investigated.
"We intend on providing a complete report and demanding the San Diego Office of
Education and California Office of Education investigate these matters," said Curran.
| November 2013 |
Stutz Artiano Shinoff & Holtz, which has fought hard to conceal events in the EcoAlliance
case, would have been involved in the decision to place this teacher on administrative leave.
Did Manuel Paul illegally burn San Ysidro School District papers?
Whistleblower placed on
administrative leave
By Susan Luzzaro
San Diego Reader
Aug. 4, 2013
Curious reports continue regarding burned
papers retrieved from a burn barrel in the
maintenance yard of the San Ysidro School District...
A new twist to the story, however, is that the district has placed the whistleblower
on administrative leave.
The sequence of events on July 3 began when a San Ysidro school teacher got a call
from his union president who informed him of the possible burning of documents.
He called his acquaintance, Art Castanares, one of the owners of EcoAlliance, a
solar-power company. EcoAlliance has filed a breach-of-contract suit against the district.
The teacher and Castanares showed up at district headquarters at about the same time and
found the burn barrel. They called the FBI and the San Diego police.
“I can’t even have an open burn in my backyard," said the teacher in a recent
interview. "It doesn’t look right for someone in the district to be doing this.” The
teacher said what appeared to be legal documents were visible among the ashes.
Though the teacher declined to release his name until he meets with his attorney, he worries
he is already suffering the consequences of being a whistleblower. The district placed him
on administrative leave on Tuesday, July 30...
[Gil Abed had no comment on the burning of documents.]
ORIGINAL POST REGARDING JANUARY 7, 2013 ARRAIGNMENTS
OF GIL ABED CLIENTS
I was surprised to see ubiquitous school attorney Gil Abed at the
criminal court yesterday for the arraignment of fifteen individuals
connected with three South Bay school districts.
Lawyers from Mr. Abed's law firm, Stutz Artiano Shinoff & Holtz,
generally restrict themselves to the civil courthouse one block
west.
Apparently San Ysidro taxpayers were paying Mr. Abed to sit next
to San Ysidro Schools Superintendent Manuel Paul, providing
moral support. Mr. Paul didn't have to testify, so he didn't need his
lawyer to prepare him for testifying. In fact, Mr. Abed is Mr. Paul's
civil attorney and wasn't directly involved with the arraignment
proceedings.
Channel 10 News reports that the San Ysidro school board has shown remarkable
generosity to Mr. Paul recently. Shortly after it was revealed that he'd accepted $2,500 cash
from a contractor, they gave him a $10,000 raise! I trust that this isn't hush money. The day
after his arraignment, the trustees announced that Mr. Paul's job is safe--for now, at least.
Board member Yolanda Hernandez, a fellow defendant of Manuel Paul, was not at the
January 8, 2013 board meeting.
The highlight of the event for me was watching the arraignment of former CVESD board
member, and current Sweetwater Union High School District trustee, Bertha Lopez.
Bertha has provided a continuous stream of fodder for my blogs for many years. Bertha
channeled a large number of dollars to Dan Shinoff of Stutz Artiano Shinoff & Holtz for civil
court legal work when she was a CVESD board member...
case, would have been involved in the decision to place this teacher on administrative leave.
Did Manuel Paul illegally burn San Ysidro School District papers?
Whistleblower placed on
administrative leave
By Susan Luzzaro
San Diego Reader
Aug. 4, 2013
Curious reports continue regarding burned
papers retrieved from a burn barrel in the
maintenance yard of the San Ysidro School District...
A new twist to the story, however, is that the district has placed the whistleblower
on administrative leave.
The sequence of events on July 3 began when a San Ysidro school teacher got a call
from his union president who informed him of the possible burning of documents.
He called his acquaintance, Art Castanares, one of the owners of EcoAlliance, a
solar-power company. EcoAlliance has filed a breach-of-contract suit against the district.
The teacher and Castanares showed up at district headquarters at about the same time and
found the burn barrel. They called the FBI and the San Diego police.
“I can’t even have an open burn in my backyard," said the teacher in a recent
interview. "It doesn’t look right for someone in the district to be doing this.” The
teacher said what appeared to be legal documents were visible among the ashes.
Though the teacher declined to release his name until he meets with his attorney, he worries
he is already suffering the consequences of being a whistleblower. The district placed him
on administrative leave on Tuesday, July 30...
[Gil Abed had no comment on the burning of documents.]
ORIGINAL POST REGARDING JANUARY 7, 2013 ARRAIGNMENTS
OF GIL ABED CLIENTS
I was surprised to see ubiquitous school attorney Gil Abed at the
criminal court yesterday for the arraignment of fifteen individuals
connected with three South Bay school districts.
Lawyers from Mr. Abed's law firm, Stutz Artiano Shinoff & Holtz,
generally restrict themselves to the civil courthouse one block
west.
Apparently San Ysidro taxpayers were paying Mr. Abed to sit next
to San Ysidro Schools Superintendent Manuel Paul, providing
moral support. Mr. Paul didn't have to testify, so he didn't need his
lawyer to prepare him for testifying. In fact, Mr. Abed is Mr. Paul's
civil attorney and wasn't directly involved with the arraignment
proceedings.
Channel 10 News reports that the San Ysidro school board has shown remarkable
generosity to Mr. Paul recently. Shortly after it was revealed that he'd accepted $2,500 cash
from a contractor, they gave him a $10,000 raise! I trust that this isn't hush money. The day
after his arraignment, the trustees announced that Mr. Paul's job is safe--for now, at least.
Board member Yolanda Hernandez, a fellow defendant of Manuel Paul, was not at the
January 8, 2013 board meeting.
The highlight of the event for me was watching the arraignment of former CVESD board
member, and current Sweetwater Union High School District trustee, Bertha Lopez.
Bertha has provided a continuous stream of fodder for my blogs for many years. Bertha
channeled a large number of dollars to Dan Shinoff of Stutz Artiano Shinoff & Holtz for civil
court legal work when she was a CVESD board member...
