Press Release
FOR IMMEDIATE RELEASE
Date: 04/14/05

Contact person(s):

Media Coordinator, Donna Edwards - 565-3099 Media Spokesperson, Assistant District Attorney Greg Jacobs Deputy District Attorney: Jeffrey Holtzman

Santa Rosa, Sonoma County, California

SANTA ROSA CITY SCHOOLS BOARD OF EDUCATION
VIOLATES BROWN ACT

Sonoma County District Attorney Stephan Passalacqua announced today that the Santa Rosa City Schools Board of Education violated the state’s open meeting law known as the Brown Act. Over the past fours years the Board met annually in closed session meetings to determine salary bonuses for its superintendent and assistant superintendent. The finding was contained in a April 14, 2005 letter sent to the Board’s attorney, Arthur Wick, in response to a complaint filed by schools district employee Maxine Stornetta-Smith.

The Brown Act does allow for closed session meetings to evaluate in private the performance of district employees but discussions and actions relating to salary and other benefits must be conducted in public. The School Board has acknowledged that the meetings were in violation of the Brown Act, and last night at an open public meeting, the Board took appropriate action to correct the violation by recasting votes. Given that the citizen complaint was received after the 90 day review period imposed by law, the District Attorney is prohibited from seeking an order to overturn the past approval of salary bonuses. The District Attorney could seek a court order declaring past practices illegal and a directive not to repeat the practice in the future. Such action is not warranted in light of the School Board’s admission of wrongdoing and the corrective action taken. However, the District Attorney advised the School Board that any future violations could result in an enforcement action challenging any decisions wrongfully made in closed session.

"The public has a right to observe the School Board’s decision-making, including the approval of bonuses for the administration of the city school district," said Sonoma County District Attorney Passalacqua. "In this case, we are pleased to see the Board recognize its obligation to open government and move promptly to correct past mistakes," added District Attorney Passalacqua.

Deputy District Attorney Jeffrey W. Holtzman reviewed the citizen complaint and prepared the letter sent to the Board.