How much is MiraCosta paying to hide documents about the
Victoria Richart deal?
MCC paid $46K to provide documents in county probe
North County Times
By: PHILIP K. IRELAND
DA's office investigating buyout deal with former president
November 20, 2007
OCEANSIDE -- MiraCosta College has paid about $46,000 so far to a law firm with expertise in
defending companies against allegations of white-collar crime.
The firm, McKenna, Long & Aldridge, was hired in August to review and select documents
requested by San Diego District Attorney's office, said Jim Austin, the college's assistant
superintendent of business services.
Victoria Richart deal?
MCC paid $46K to provide documents in county probe
North County Times
By: PHILIP K. IRELAND
DA's office investigating buyout deal with former president
November 20, 2007
OCEANSIDE -- MiraCosta College has paid about $46,000 so far to a law firm with expertise in
defending companies against allegations of white-collar crime.
The firm, McKenna, Long & Aldridge, was hired in August to review and select documents
requested by San Diego District Attorney's office, said Jim Austin, the college's assistant
superintendent of business services.
MiraCosta faction opposes severance
3 trustees say public must decide on action
By Lola Sherman
San Diego Union Tribune
June 27, 2007
NORTH COUNTY – The three-member minority on the MiraCosta College governing
board is hoping a contract giving more than $1 million in cash and benefits to departing
college President Victoria Muñoz Richart can be set aside.
Board members Gloria Carranza, Jacqueline Simon and Judy Strattan spoke out
yesterday at Carranza's Carlsbad home.
They said taxpayers have every right to be irate over the amount of money given Richart to
leave the campus she has headed for three years. But they said they have failed to budge
the four-member board majority on any issue over the past year and a half, so it will be up
to the public to take up the gauntlet at this point.
“You must decide if it is important enough to question the legality of the recent settlement
with the president,” they said in a “report to the public.” But, because the terms of the
settlement reached by the board June 20 after an all-night closed session require that
they not discuss it, the three did not specify what is wrong with the deal, other than its
cost.
They posed the choice of a recall of trustees to the public.
“You must decide if you want different trustees to become stewards of your tax dollars,”
their prepared report said.
Strattan acknowledged that by calling a news conference, the three were violating what
she called a “gag order” imposed by board policy, requiring that only the board president
speak for the entire board.
Board President Charles Adams was informed of their intent, she said.
Adams, contacted at home yesterday, said he had not received any notification and that
the three trustees are breaching the contract with Richart by talking about it.
Strattan said she was being meticulous in discussing only the “process” that was
followed during the closed session, which ended at 5:40 a.m., after which the settlement
was disclosed.
And, she said, Adams already had breached the pact's confidentiality provision by
disclosing previously that the board went into the meeting “to hammer out a deal” with
Richart and by saying the board was told Richart might get even more from a jury if she
sued and won.
The settlement pays her $650,000 in undisclosed “damages” and her $18,155 salary
plus $3,150 a month in expenses for 18 months.
The board also is giving Richart, 58, and her husband health benefits to age 65 and
Medicare supplements to age 75, as well as five additional years of retirement credit. It
also is paying her legal and has indemnified her from any future legal action. Four
lawsuits against the district are pending.
The schism between the board minority and majority became evident after Richart
announced a probe into the illegal sale of palm trees belonging to the college in May
2006.
But Strattan noted that the faculty had brought up concerns about Richart's leadership
style unrelated to what has been dubbed “Palmgate.” It resulted in two administrators
being placed on leave and one suing, saying she was forced to retire.
Carranza said yesterday that she would like to bring back to campus one of those
administrators, Julie Hatoff, vice president for instruction. The other, Alleen Texeira,
pleaded guilty to a grand-theft charge involving an overpayment to her then-fiance for
the sale of palms and has been allowed to retire and move to Hawaii.
Carranza said that if the settlement is revisited, the three dissenting board members
should be given their own legal counsel because Richart had threatened to sue them.
Technically, all seven signed the settlement agreement, and the three minority
members would not disclose what caused them to acquiesce to a deal with which
they were in disagreement.
They would not speculate as to whether the board will be able to agree on an interim
president to replace Richart.
Strattan said that decision should come in the fall.
In the meantime, the board is supposed to vote at a closed session today on an acting
president who will serve the college for a month or two. Usually, that is an administrator
already in place, but that may not be an easy call, either.
Dick Robertson, who has been holding down Hatoff's job on an interim basis and well as
his own as vice president for student services, is the senior administrator. But the board
majority could lean toward Jim Austin, vice president for business and administrative
services, who has been on campus only six months.
3 trustees say public must decide on action
By Lola Sherman
San Diego Union Tribune
June 27, 2007
NORTH COUNTY – The three-member minority on the MiraCosta College governing
board is hoping a contract giving more than $1 million in cash and benefits to departing
college President Victoria Muñoz Richart can be set aside.
Board members Gloria Carranza, Jacqueline Simon and Judy Strattan spoke out
yesterday at Carranza's Carlsbad home.
They said taxpayers have every right to be irate over the amount of money given Richart to
leave the campus she has headed for three years. But they said they have failed to budge
the four-member board majority on any issue over the past year and a half, so it will be up
to the public to take up the gauntlet at this point.
“You must decide if it is important enough to question the legality of the recent settlement
with the president,” they said in a “report to the public.” But, because the terms of the
settlement reached by the board June 20 after an all-night closed session require that
they not discuss it, the three did not specify what is wrong with the deal, other than its
cost.
They posed the choice of a recall of trustees to the public.
“You must decide if you want different trustees to become stewards of your tax dollars,”
their prepared report said.
Strattan acknowledged that by calling a news conference, the three were violating what
she called a “gag order” imposed by board policy, requiring that only the board president
speak for the entire board.
Board President Charles Adams was informed of their intent, she said.
Adams, contacted at home yesterday, said he had not received any notification and that
the three trustees are breaching the contract with Richart by talking about it.
Strattan said she was being meticulous in discussing only the “process” that was
followed during the closed session, which ended at 5:40 a.m., after which the settlement
was disclosed.
And, she said, Adams already had breached the pact's confidentiality provision by
disclosing previously that the board went into the meeting “to hammer out a deal” with
Richart and by saying the board was told Richart might get even more from a jury if she
sued and won.
The settlement pays her $650,000 in undisclosed “damages” and her $18,155 salary
plus $3,150 a month in expenses for 18 months.
The board also is giving Richart, 58, and her husband health benefits to age 65 and
Medicare supplements to age 75, as well as five additional years of retirement credit. It
also is paying her legal and has indemnified her from any future legal action. Four
lawsuits against the district are pending.
The schism between the board minority and majority became evident after Richart
announced a probe into the illegal sale of palm trees belonging to the college in May
2006.
But Strattan noted that the faculty had brought up concerns about Richart's leadership
style unrelated to what has been dubbed “Palmgate.” It resulted in two administrators
being placed on leave and one suing, saying she was forced to retire.
Carranza said yesterday that she would like to bring back to campus one of those
administrators, Julie Hatoff, vice president for instruction. The other, Alleen Texeira,
pleaded guilty to a grand-theft charge involving an overpayment to her then-fiance for
the sale of palms and has been allowed to retire and move to Hawaii.
Carranza said that if the settlement is revisited, the three dissenting board members
should be given their own legal counsel because Richart had threatened to sue them.
Technically, all seven signed the settlement agreement, and the three minority
members would not disclose what caused them to acquiesce to a deal with which
they were in disagreement.
They would not speculate as to whether the board will be able to agree on an interim
president to replace Richart.
Strattan said that decision should come in the fall.
In the meantime, the board is supposed to vote at a closed session today on an acting
president who will serve the college for a month or two. Usually, that is an administrator
already in place, but that may not be an easy call, either.
Dick Robertson, who has been holding down Hatoff's job on an interim basis and well as
his own as vice president for student services, is the senior administrator. But the board
majority could lean toward Jim Austin, vice president for business and administrative
services, who has been on campus only six months.
MiraCosta hires interim president; agrees to
're-notice' Richart settlement
By: PAUL SISSON
August 7, 2007
North County Timesr
OCEANSIDE -- MiraCosta College trustees named veteran administrator John
Hendrickson its interim president and canceled the suspension of former college
VicePresident Julie Hatoff on Tuesday after more than six hours of closed-door
deliberations.
Trustees also voted to "re-notice" for the board's next meeting a controversial $1.5 million
settlement reached in June with former MiraCosta President Victoria Munoz Richart.
By re-noticing the meeting, college officials said they hope to deflect a lawsuit by a local
attorney Leon Page, who claims the board violated the state's open meeting law when it
made the closed-session deal with Richart.
Page has demanded that the settlement be abandoned and all payments to Richart
cease...
Page said Tuesday he believes the board's action falls short of his demands that the
settlement be vacated. He said he intends to file a civil lawsuit against the college today.
[Maura Larkins' note: The Court of Appeal eventually ruled in Page's favor.]
The deal with Richart capped more than a year of controversy at MiraCosta, much of it
stemming from an investigation into the illegal sale of palm trees by the college's
horticulture department.
One employee was eventually charged with theft totaling $305 after Richart conducted a
$1.2 million investigation. That investigation involved placing Hatoff, the
college's vice president of instructional services, on involuntary administrative leave.
On a unanimous vote, trustees ended that leave Tuesday, stating that Hatoff has a "right
of retreat" to retain her former job as an English professor at MiraCosta.
College spokeswoman Bonnie Hall said she did not know whether Hatoff, who has a
lawsuit against the college, will return to a teaching job at MiraCosta. Hatoff did
not return a call for comment Tuesday.
Larry Herrmann, co-chair of Restore MiraCosta, a public action committee formed to recall
majority board members who supported Richart, said he and others who have
supported Hatoff were pleased by the board's decision to cancel her administrative leave.
"Her right to retreat was there from the beginning, and we're glad they're finally
acknowledging that," he said.
The college is continuing to seek a permanent president to fill the vacancy left by Richart,
but named an interim leader Tuesday.
Trustees voted 3-0 with three abstentions and one member absent to hire Hendrickson,
who recently served a one-year stint as the college's interim director of
business and administrative services, to serve as MiraCosta's interim superintendent
and president.
Hendrickson will guide the board through the process of finding a permanent president to
take his place.
Reached Tuesday, the veteran community college administrator said he was excited to
return to MiraCosta to fill another interim post.
"When I heard they had another need for an interim, I jumped at the opportunity, because I
enjoyed every day at the college when I was there," Hendrickson said.
Charles Adams, chairman of the MiraCosta's governing board, said Tuesday that the
board selected Hendrickson from a field of four candidates. He said that the new
interim president's previous work in an interim capacity at the college spoke well for him.
"There were other employees and administrators who spoke well of him, and some of us
board members had worked with him previously, and we felt like we knew him,"
Adams said.
Adams and fellow board members Carolyn Batiste and Rudy Fernandez all voted for
Hendrickson's appointment, while Trustees Judy Stratton, Jacqueline Simon, Gloria
Carranza and Carolyn Batiste all abstained. Member Greg Post, who was called away for
a family emergency, did not vote.
Stratton said Tuesday evening that she abstained because she was not comfortable with
Hendrickson's contract, though she declined to specify her objections to the
pact.
"I just felt like it was not one I was comfortable with," Stratton said.
Carranza declined to state her reasons why she abstained; Simon did not return a
telephone call seeking comment.
An employment agreement with the administrator states that he will "be placed on the
district's academic salary schedule in accordance with his experience and
academic credits and background" but does not specify a salary. He will also receive a
monthly travel and housing allowance of $3,000.
Hendrickson lists 38 years of experience in the public administration and consulting
fields, including 12 years in senior management positions at four California community
colleges. He is currently the director of financial and resource Planning for Kitchell CEM, a
firm that provides construction management for public agencies. He holds masters
degrees in educational leadership and public administration from the California State
University system.
Comments On This Story
Note: Comments reflect the views of readers and not necessarily those of the North
County Times or its staff.
What a joke! wrote on Aug 7, 2007 7:39 PM:The board returns Ms. Hatoff to the classroom
- what a magnanimous gesture of nothing! She had tenure rights and they have nothing to
do with her right to return to the classroom. All they wanted to do was stop her from asking
questions of the mighty majority which she would do in the deposition phase of her
action. The transparency we seek as a public right is once again denied us. These
absolute dictators must be removed from public office. They have no interest in saving the
taxpayers' money: on the contrary, they just do what the self-serving lawyers tell them.
They will try again to extort money for Richart. Join the recall efforts. Sign to get the recall
on the ballot!
're-notice' Richart settlement
By: PAUL SISSON
August 7, 2007
North County Timesr
OCEANSIDE -- MiraCosta College trustees named veteran administrator John
Hendrickson its interim president and canceled the suspension of former college
VicePresident Julie Hatoff on Tuesday after more than six hours of closed-door
deliberations.
Trustees also voted to "re-notice" for the board's next meeting a controversial $1.5 million
settlement reached in June with former MiraCosta President Victoria Munoz Richart.
By re-noticing the meeting, college officials said they hope to deflect a lawsuit by a local
attorney Leon Page, who claims the board violated the state's open meeting law when it
made the closed-session deal with Richart.
Page has demanded that the settlement be abandoned and all payments to Richart
cease...
Page said Tuesday he believes the board's action falls short of his demands that the
settlement be vacated. He said he intends to file a civil lawsuit against the college today.
[Maura Larkins' note: The Court of Appeal eventually ruled in Page's favor.]
The deal with Richart capped more than a year of controversy at MiraCosta, much of it
stemming from an investigation into the illegal sale of palm trees by the college's
horticulture department.
One employee was eventually charged with theft totaling $305 after Richart conducted a
$1.2 million investigation. That investigation involved placing Hatoff, the
college's vice president of instructional services, on involuntary administrative leave.
On a unanimous vote, trustees ended that leave Tuesday, stating that Hatoff has a "right
of retreat" to retain her former job as an English professor at MiraCosta.
College spokeswoman Bonnie Hall said she did not know whether Hatoff, who has a
lawsuit against the college, will return to a teaching job at MiraCosta. Hatoff did
not return a call for comment Tuesday.
Larry Herrmann, co-chair of Restore MiraCosta, a public action committee formed to recall
majority board members who supported Richart, said he and others who have
supported Hatoff were pleased by the board's decision to cancel her administrative leave.
"Her right to retreat was there from the beginning, and we're glad they're finally
acknowledging that," he said.
The college is continuing to seek a permanent president to fill the vacancy left by Richart,
but named an interim leader Tuesday.
Trustees voted 3-0 with three abstentions and one member absent to hire Hendrickson,
who recently served a one-year stint as the college's interim director of
business and administrative services, to serve as MiraCosta's interim superintendent
and president.
Hendrickson will guide the board through the process of finding a permanent president to
take his place.
Reached Tuesday, the veteran community college administrator said he was excited to
return to MiraCosta to fill another interim post.
"When I heard they had another need for an interim, I jumped at the opportunity, because I
enjoyed every day at the college when I was there," Hendrickson said.
Charles Adams, chairman of the MiraCosta's governing board, said Tuesday that the
board selected Hendrickson from a field of four candidates. He said that the new
interim president's previous work in an interim capacity at the college spoke well for him.
"There were other employees and administrators who spoke well of him, and some of us
board members had worked with him previously, and we felt like we knew him,"
Adams said.
Adams and fellow board members Carolyn Batiste and Rudy Fernandez all voted for
Hendrickson's appointment, while Trustees Judy Stratton, Jacqueline Simon, Gloria
Carranza and Carolyn Batiste all abstained. Member Greg Post, who was called away for
a family emergency, did not vote.
Stratton said Tuesday evening that she abstained because she was not comfortable with
Hendrickson's contract, though she declined to specify her objections to the
pact.
"I just felt like it was not one I was comfortable with," Stratton said.
Carranza declined to state her reasons why she abstained; Simon did not return a
telephone call seeking comment.
An employment agreement with the administrator states that he will "be placed on the
district's academic salary schedule in accordance with his experience and
academic credits and background" but does not specify a salary. He will also receive a
monthly travel and housing allowance of $3,000.
Hendrickson lists 38 years of experience in the public administration and consulting
fields, including 12 years in senior management positions at four California community
colleges. He is currently the director of financial and resource Planning for Kitchell CEM, a
firm that provides construction management for public agencies. He holds masters
degrees in educational leadership and public administration from the California State
University system.
Comments On This Story
Note: Comments reflect the views of readers and not necessarily those of the North
County Times or its staff.
What a joke! wrote on Aug 7, 2007 7:39 PM:The board returns Ms. Hatoff to the classroom
- what a magnanimous gesture of nothing! She had tenure rights and they have nothing to
do with her right to return to the classroom. All they wanted to do was stop her from asking
questions of the mighty majority which she would do in the deposition phase of her
action. The transparency we seek as a public right is once again denied us. These
absolute dictators must be removed from public office. They have no interest in saving the
taxpayers' money: on the contrary, they just do what the self-serving lawyers tell them.
They will try again to extort money for Richart. Join the recall efforts. Sign to get the recall
on the ballot!
Stutz, Artiano Shinoff & Holtz has cost MiraCosta College over $3.0 million for an
investigation that exposed the theft of $305 worth of water for palm trees. About half of
this amount went to a payoff to get president Victoria Richart to quit. But local attorney
Leon Page sued to overturn the payoff, saying it exceeded the legal amount. Page won
in the appellate court:
investigation that exposed the theft of $305 worth of water for palm trees. About half of
this amount went to a payoff to get president Victoria Richart to quit. But local attorney
Leon Page sued to overturn the payoff, saying it exceeded the legal amount. Page won
in the appellate court:
| http://www.severance.com/ mccmess/2007_05_17Ottili eLettertoShinoff.pdf http://www.severance.com/ mccmess/2007_05_29Carra nzaMemotoAustin.pdf http://www.severance.com/ mccmess/RichartandAdam sLetters2-02-07.pdf |
For links to documents
and articles about the
MiraCosta fiasco , visit the
and articles about the
MiraCosta fiasco , visit the
Tom Severance is
chairman of the Business
Department at MiraCosta
College, and a full-time
instructor.
chairman of the Business
Department at MiraCosta
College, and a full-time
instructor.
"...What is even more
maddening is that
MiraCosta College in-
house attorney Dan
Shinoff is hired to
represent the college’s
board, but instead acts as
if he reports exclusively
to Munoz Richart.
This is defective
government at its best..."
Ken Leighton
maddening is that
MiraCosta College in-
house attorney Dan
Shinoff is hired to
represent the college’s
board, but instead acts as
if he reports exclusively
to Munoz Richart.
This is defective
government at its best..."
Ken Leighton
MCC settles with
former
administrator
[Julie Hatoff] for
$500K
North County Times
By: PHILIP K. IRELAND - Staff
Writer
December 11, 2007
OCEANSIDE -- For the second
time in six months, MiraCosta
College trustees agreed Tuesday
to pay a high-dollar employee not
to work for them.
MiraCosta's board of trustees
approved a settlement of more
than $500,000 with Julie Hatoff,
the former vice president of
instruction who was dismissed
last spring during an
investigation into the illegal sale
of palm trees from the campus
horticulture department.
In a similar action last June, the
board unanimously voted to pay
$1.6 million to former college
president Victoria Munoz Richart
in a legal settlement. Under both
agreements, the former top-level
administrators will not work for
the college but will continue to
draw pay and benefits for 18
months.
Under Tuesday's agreement,
Hatoff is scheduled to get salary
and benefits totaling $226,200
over the next 18 months. She will
also get a lump-sum payment of
$311,282 from the college for
"further consideration," according
to the settlement agreement...
Hatoff had sued MiraCosta,
alleging breach of contract,
negligence, extortion,
harassment and violations of
labor law. She had sought $24
million in damages.
As a condition of the settlement
agreement, neither party
admitted wrongdoing.
The deal caps months of legal
wrangling and political intrigue.
A 36-year employee of MiraCosta
College, Hatoff oversaw all
educational programs as its top
instructional administrator. She
was one of several employees
investigated by the college's
private attorney during the
palm-tree probe.
In December 2005, a
whistle-blower said officials in
the horticulture department were
raising and selling palm trees for
personal profit. The college's
ensuing 17-month probe led
authorities to charge one school
employee, Alleen Texeira, with
theft. She pleaded guilty to a
single theft, worth $305.
College officials accused Hatoff
of failing to properly supervise
employees and refusing to
cooperate in its investigation,
which concluded that Hatoff knew
of the illegal activities but did
nothing to stop them.
However, a separate
investigation by the San Diego
County district attorney's office
found no evidence of illegal
activity by Hatoff.
Hatoff was placed on leave from
her job as vice president of
instruction in August 2006. She
continued to draw her annual pay
as an administrator of $200,000
a year until her dismissal last
June. After June, she returned to
the college as an instructor on
paid leave and continued to
collect monthly pay and benefits
of $150,800. She returned briefly
to the classroom this fall.
Tuesday's settlement ends
Hatoff's active employment as of
Dec. 31. She will return to
administrative leave through
June 30, 2009.
The agreement ends all legal
actions by both parties.
Carolyn Batiste, one of two
trustees to oppose the
settlement, said the deal
"hopefully ends a historically dark
period" in MiraCosta's past.
Batiste opposed the settlement,
saying she believed that the
district would have defeated
Hatoff's suit.
Trustee Greg Post also opposed
the settlement, calling the last
few years a "tragedy." He said
Hatoff brought her problems
upon herself when she stopped
cooperating with the investigator
hired by the district.
Trustee Gloria Carranza, long a
Hatoff supporter, thanked the
administrator at Tuesday's board
meeting.
"I think she should be lauded for
her stellar accomplishments at
MiraCosta College," Carranza
said. "She was dedicated to
teaching and students
throughout her 36 years."
former
administrator
[Julie Hatoff] for
$500K
North County Times
By: PHILIP K. IRELAND - Staff
Writer
December 11, 2007
OCEANSIDE -- For the second
time in six months, MiraCosta
College trustees agreed Tuesday
to pay a high-dollar employee not
to work for them.
MiraCosta's board of trustees
approved a settlement of more
than $500,000 with Julie Hatoff,
the former vice president of
instruction who was dismissed
last spring during an
investigation into the illegal sale
of palm trees from the campus
horticulture department.
In a similar action last June, the
board unanimously voted to pay
$1.6 million to former college
president Victoria Munoz Richart
in a legal settlement. Under both
agreements, the former top-level
administrators will not work for
the college but will continue to
draw pay and benefits for 18
months.
Under Tuesday's agreement,
Hatoff is scheduled to get salary
and benefits totaling $226,200
over the next 18 months. She will
also get a lump-sum payment of
$311,282 from the college for
"further consideration," according
to the settlement agreement...
Hatoff had sued MiraCosta,
alleging breach of contract,
negligence, extortion,
harassment and violations of
labor law. She had sought $24
million in damages.
As a condition of the settlement
agreement, neither party
admitted wrongdoing.
The deal caps months of legal
wrangling and political intrigue.
A 36-year employee of MiraCosta
College, Hatoff oversaw all
educational programs as its top
instructional administrator. She
was one of several employees
investigated by the college's
private attorney during the
palm-tree probe.
In December 2005, a
whistle-blower said officials in
the horticulture department were
raising and selling palm trees for
personal profit. The college's
ensuing 17-month probe led
authorities to charge one school
employee, Alleen Texeira, with
theft. She pleaded guilty to a
single theft, worth $305.
College officials accused Hatoff
of failing to properly supervise
employees and refusing to
cooperate in its investigation,
which concluded that Hatoff knew
of the illegal activities but did
nothing to stop them.
However, a separate
investigation by the San Diego
County district attorney's office
found no evidence of illegal
activity by Hatoff.
Hatoff was placed on leave from
her job as vice president of
instruction in August 2006. She
continued to draw her annual pay
as an administrator of $200,000
a year until her dismissal last
June. After June, she returned to
the college as an instructor on
paid leave and continued to
collect monthly pay and benefits
of $150,800. She returned briefly
to the classroom this fall.
Tuesday's settlement ends
Hatoff's active employment as of
Dec. 31. She will return to
administrative leave through
June 30, 2009.
The agreement ends all legal
actions by both parties.
Carolyn Batiste, one of two
trustees to oppose the
settlement, said the deal
"hopefully ends a historically dark
period" in MiraCosta's past.
Batiste opposed the settlement,
saying she believed that the
district would have defeated
Hatoff's suit.
Trustee Greg Post also opposed
the settlement, calling the last
few years a "tragedy." He said
Hatoff brought her problems
upon herself when she stopped
cooperating with the investigator
hired by the district.
Trustee Gloria Carranza, long a
Hatoff supporter, thanked the
administrator at Tuesday's board
meeting.
"I think she should be lauded for
her stellar accomplishments at
MiraCosta College," Carranza
said. "She was dedicated to
teaching and students
throughout her 36 years."
Did MiraCosta
College commit
extortion against
Julie Hatoff?
When you desperately try to
get someone charged with a
crime (such as Dan Shinoff
and Victoria Richart's use of
$1.5 million in public money
to conduct an investigation
into a $305 unpaid water bill
for palm trees at MiraCosta
Community college) in order
to get an advantage in a civil
matter (a conflict between
President Richart and the
faculty), isn't that extortion?
College commit
extortion against
Julie Hatoff?
When you desperately try to
get someone charged with a
crime (such as Dan Shinoff
and Victoria Richart's use of
$1.5 million in public money
to conduct an investigation
into a $305 unpaid water bill
for palm trees at MiraCosta
Community college) in order
to get an advantage in a civil
matter (a conflict between
President Richart and the
faculty), isn't that extortion?
MiraCosta College - Trustee
Jacqueline Simon
A public California community
college serving coastal North
San Diego County.
www.miracosta.cc.ca.
us/OfficeOfThePresident/Gover
ningBoard/JacquelineSimon.
htm
Jacqueline Simon was elected
to the Board of Trustees of
MiraCosta College in
November 2004. She is a
resident of Carlsbad
representing Area 3, which
includes Carlsbad and
Encinitas.
As an educator with over 17
years of teaching experience
at the community college level,
she brings a unique
perspective to the board. Her
educational background
involves her directly with many
of the issues and challenges
facing our community colleges
today and gives her insight
into the immediate needs of
both faculty and students. She
believes that MiraCosta’s
curriculum policy should
strongly comply with academic
goals and transfer
requirements of four-year
institutions so that students
will have the opportunity to
transfer to any college of their
choice. She also advocates
that local funding be
apportioned to promote
expanding educational
opportunities.
She holds a Master of Arts
degree in Speech from
California State University East
Bay (formerly called California
State University at Hayward)
and a Bachelor of Arts degree
in Journalism from San Jose
State University. She currently
teaches speech and
communication at community
colleges within the San Diego
and Riverside county districts
along with outreach programs
such as the Hill House,
continuing education for
recently paroled individuals
working to better themselves
and their future.
Ms. Simon also has
numerous years experience in
the corporate environment as
a Senior Technical writer. In
this capacity she has authored
and produced numerous
technical and educational
publications for many of San
Diego’s top organizations. She
is a Senior Member of the
Society for Technical
Communication.
Jacqueline also takes an
active interest in the arts and
culture of our community
having been an active member
of the Museum of
Photographic Arts since its
inception and has held several
memberships over the years
supporting the arts through
organizations such as the San
Diego Museum of Art, the
Museum of Contemporary Art
La Jolla, the Mingei
International Museum and
Save Our Heritage
Organization. Being an
advocate of the arts,
Jacqueline hopes to create
new venues for North County
by involving MiraCosta as host
and sponsor for promoting
and recruiting new and
existing artistic endeavors
such as increasing the
utilization of the MiraCosta
Theater.
Jacqueline welcomes this
unique opportunity to serve as
a MiraCosta trustee to ensure
that MiraCosta College
becomes the premiere
institute of learning and
educational opportunity
benefiting not only our youth
but also our community.
Jacqueline Simon
A public California community
college serving coastal North
San Diego County.
www.miracosta.cc.ca.
us/OfficeOfThePresident/Gover
ningBoard/JacquelineSimon.
htm
Jacqueline Simon was elected
to the Board of Trustees of
MiraCosta College in
November 2004. She is a
resident of Carlsbad
representing Area 3, which
includes Carlsbad and
Encinitas.
As an educator with over 17
years of teaching experience
at the community college level,
she brings a unique
perspective to the board. Her
educational background
involves her directly with many
of the issues and challenges
facing our community colleges
today and gives her insight
into the immediate needs of
both faculty and students. She
believes that MiraCosta’s
curriculum policy should
strongly comply with academic
goals and transfer
requirements of four-year
institutions so that students
will have the opportunity to
transfer to any college of their
choice. She also advocates
that local funding be
apportioned to promote
expanding educational
opportunities.
She holds a Master of Arts
degree in Speech from
California State University East
Bay (formerly called California
State University at Hayward)
and a Bachelor of Arts degree
in Journalism from San Jose
State University. She currently
teaches speech and
communication at community
colleges within the San Diego
and Riverside county districts
along with outreach programs
such as the Hill House,
continuing education for
recently paroled individuals
working to better themselves
and their future.
Ms. Simon also has
numerous years experience in
the corporate environment as
a Senior Technical writer. In
this capacity she has authored
and produced numerous
technical and educational
publications for many of San
Diego’s top organizations. She
is a Senior Member of the
Society for Technical
Communication.
Jacqueline also takes an
active interest in the arts and
culture of our community
having been an active member
of the Museum of
Photographic Arts since its
inception and has held several
memberships over the years
supporting the arts through
organizations such as the San
Diego Museum of Art, the
Museum of Contemporary Art
La Jolla, the Mingei
International Museum and
Save Our Heritage
Organization. Being an
advocate of the arts,
Jacqueline hopes to create
new venues for North County
by involving MiraCosta as host
and sponsor for promoting
and recruiting new and
existing artistic endeavors
such as increasing the
utilization of the MiraCosta
Theater.
Jacqueline welcomes this
unique opportunity to serve as
a MiraCosta trustee to ensure
that MiraCosta College
becomes the premiere
institute of learning and
educational opportunity
benefiting not only our youth
but also our community.
MiraCosta struggled through 2007
By: PHILIP K. IRELAND
North County Times
Jan. 2, 2008
Lawsuits and buyouts cost the college millions
OCEANSIDE -- Though MiraCosta College continued to roil in 2007 as attorneys wrangled
lawsuits, an embattled chief executive left with a big pile of cash, and trustees continued
their public bickering and private deal-making, an end to the strife may be in sight.
The political infighting cast a shadow on the breezy hilltop campus of well-maintained
buildings, green trim lawns and tall trees, shading such positives as the dedication of a
$8.7 million horticulture building and the launch of a new nursing program.
The turmoil began in late 2005 with allegations that employees in the horticulture
department were selling district-owned palm trees for personal profit.
The scandal ripped the once-placid community college into divided camps, pitting
teachers against the college president and trustee against trustee.
An ensuing investigation led to the early retirement or dismissal of several employees,
multiple lawsuits, a stunning public-session allegation of hate crimes, and the
expenditure of millions in taxpayer money -- including more than $2 million to buy top-level
administrators out of their contracts.
But 2008 may see the end of the controversy. Just a few lawsuits are left to settle. And in
November, three of seven trustees will face elections, which could break the 4-3 split that
typifies votes on most issues involving the palm tree scandal.
The year in review
College-watchers saw several actions last year that grew out of the scandal:
A private investigator employed by the college finished his 18-month inquiry into palm tree
sales in April, concluding that an employee sold trees for personal profit, and that several
administrators knew of the practice but took no action.
Also last spring, a deputy San Diego district attorney concluded a separate palm tree
investigation, resulting in a guilty plea by horticulture department employee Alleen Texeira
for the theft of $305.
In a March vote, four out of five instructors said they had no confidence in the ability of the
governing board to effectively run the district.
In June, someone defaced the home of Trustee Charles Adams -- who is black -- with
"KKK," a reference to the hate group Ku Klux Klan. A few days later Adams accused two
faculty leaders and fellow trustees with the hate crime during a public board meeting.
Adams later apologized for the accusations.
Former college President Victoria Munoz Richart negotiated a $1.6 million severance
package in June, saying trustees had improperly evaluated her performance in public.
In July, district officials tallied legal spending on the investigation at $1.2 million.
Local legal activist Leon Page filed suit against the college in the fall seeking to overturn
Richart's severance deal as an illegal gift of public funds.
The San Diego County district attorney's office launched a probe in August into the legality
of the Richart deal.
A political action group representing teachers filed papers in July to recall Trustees Adams
and Greg Post, but later ended the recall effort.
During a special visit to the college in September to gauge the scandal's impact on
students, an agency that certifies colleges across the West criticized trustees for their
continued failure to resolve nearly two years of political turmoil.
Former Dean of Instruction Eileen Kraskouskas, fired as a result of the investigation,
withdrew her wrongful termination suit against the college in August after a judge
dismissed a similar lawsuit against Richart.
Former Vice President of Instruction Julie Hatoff was dismissed in December, negotiating
a $535,000 severance package that ended two competing legal actions.
Entrenched attitudes
That long list of contentious issues polarized trustees into two voting blocs. Trustees
Adams, Post, Carolyn Batiste and Rudy Fernandez formed a voting majority that backed
Richart. They repeatedly blocked attempts by minority Trustees Gloria Carranza, Judy
Strattan and Jacqueline Simon to discuss issues regarding the scandal, the ensuing
investigation, the mounting legal costs and myriad political and moral questions that grew
out of the controversy.
Many instructors, backed by minority trustees, say Richart used the palm-tree investigation
as a pretext for eliminating administrators who challenged Richart's primacy.
Richart and the board majority said they were required by law and morality to ferret out
wrongdoing. Post was among four elected officials who stood steadfastly behind Richart.
In June, Post defended spending more than $1 million in taxpayer money to investigate
and prosecute the case, saying that wrongdoing must investigated and ended at any cost.
The campus divide was perhaps at its widest when board President Adams stood up in a
summer meeting, pointed his finger at faculty leaders Jonathan Cole and Abdy Afzali and
at Trustees Carranza and Strattan, accused them of vandalizing his home with a symbol of
hate. The accusations brought audible gasps from the audience and immediate denials
from those Adams accused...
By: PHILIP K. IRELAND
North County Times
Jan. 2, 2008
Lawsuits and buyouts cost the college millions
OCEANSIDE -- Though MiraCosta College continued to roil in 2007 as attorneys wrangled
lawsuits, an embattled chief executive left with a big pile of cash, and trustees continued
their public bickering and private deal-making, an end to the strife may be in sight.
The political infighting cast a shadow on the breezy hilltop campus of well-maintained
buildings, green trim lawns and tall trees, shading such positives as the dedication of a
$8.7 million horticulture building and the launch of a new nursing program.
The turmoil began in late 2005 with allegations that employees in the horticulture
department were selling district-owned palm trees for personal profit.
The scandal ripped the once-placid community college into divided camps, pitting
teachers against the college president and trustee against trustee.
An ensuing investigation led to the early retirement or dismissal of several employees,
multiple lawsuits, a stunning public-session allegation of hate crimes, and the
expenditure of millions in taxpayer money -- including more than $2 million to buy top-level
administrators out of their contracts.
But 2008 may see the end of the controversy. Just a few lawsuits are left to settle. And in
November, three of seven trustees will face elections, which could break the 4-3 split that
typifies votes on most issues involving the palm tree scandal.
The year in review
College-watchers saw several actions last year that grew out of the scandal:
A private investigator employed by the college finished his 18-month inquiry into palm tree
sales in April, concluding that an employee sold trees for personal profit, and that several
administrators knew of the practice but took no action.
Also last spring, a deputy San Diego district attorney concluded a separate palm tree
investigation, resulting in a guilty plea by horticulture department employee Alleen Texeira
for the theft of $305.
In a March vote, four out of five instructors said they had no confidence in the ability of the
governing board to effectively run the district.
In June, someone defaced the home of Trustee Charles Adams -- who is black -- with
"KKK," a reference to the hate group Ku Klux Klan. A few days later Adams accused two
faculty leaders and fellow trustees with the hate crime during a public board meeting.
Adams later apologized for the accusations.
Former college President Victoria Munoz Richart negotiated a $1.6 million severance
package in June, saying trustees had improperly evaluated her performance in public.
In July, district officials tallied legal spending on the investigation at $1.2 million.
Local legal activist Leon Page filed suit against the college in the fall seeking to overturn
Richart's severance deal as an illegal gift of public funds.
The San Diego County district attorney's office launched a probe in August into the legality
of the Richart deal.
A political action group representing teachers filed papers in July to recall Trustees Adams
and Greg Post, but later ended the recall effort.
During a special visit to the college in September to gauge the scandal's impact on
students, an agency that certifies colleges across the West criticized trustees for their
continued failure to resolve nearly two years of political turmoil.
Former Dean of Instruction Eileen Kraskouskas, fired as a result of the investigation,
withdrew her wrongful termination suit against the college in August after a judge
dismissed a similar lawsuit against Richart.
Former Vice President of Instruction Julie Hatoff was dismissed in December, negotiating
a $535,000 severance package that ended two competing legal actions.
Entrenched attitudes
That long list of contentious issues polarized trustees into two voting blocs. Trustees
Adams, Post, Carolyn Batiste and Rudy Fernandez formed a voting majority that backed
Richart. They repeatedly blocked attempts by minority Trustees Gloria Carranza, Judy
Strattan and Jacqueline Simon to discuss issues regarding the scandal, the ensuing
investigation, the mounting legal costs and myriad political and moral questions that grew
out of the controversy.
Many instructors, backed by minority trustees, say Richart used the palm-tree investigation
as a pretext for eliminating administrators who challenged Richart's primacy.
Richart and the board majority said they were required by law and morality to ferret out
wrongdoing. Post was among four elected officials who stood steadfastly behind Richart.
In June, Post defended spending more than $1 million in taxpayer money to investigate
and prosecute the case, saying that wrongdoing must investigated and ended at any cost.
The campus divide was perhaps at its widest when board President Adams stood up in a
summer meeting, pointed his finger at faculty leaders Jonathan Cole and Abdy Afzali and
at Trustees Carranza and Strattan, accused them of vandalizing his home with a symbol of
hate. The accusations brought audible gasps from the audience and immediate denials
from those Adams accused...
| http://www.nctimes.com/arti cles/2008/01/16/opinion/bat ra/21_31_081_15_08.txt http://www.severance.com/ mccmess/2008_01_11 RichartOpposition to Motion to Compel.pdf Page is going to depose MCC Board members and Jim Austin: http://www.severance.com/ mccmess/2008_01_15 Notice of Depositions.pdf Page's reply: Winet failed to state a valid legal reason why Richart shouldn't be deposed: http://www.severance.com/ mccmess/2008_01_16 PageReply Declaration.pdf |
Judge Anello's
tentative ruling
disqualifies MCC
attorneys from
Hatoff case
North County Times
By: PHILIP K. IRELAND
August 23, 2007
VISTA ---- Lawyers
working for
MiraCosta College
should be
disqualified from
defending the
school against a
$24 million lawsuit
filed by former vice
president of
instruction Julie
Hatoff, according to
a Superior Court
judge's tentative
ruling Thursday.
In his ruling, Judge
Michael Anello found
that attorney Daniel
Shinoff and the law firm
Stutz, Artiano, Shinoff
and Holtz failed to
make clear to Hatoff
that Shinoff
represented the college
---- not her ---- when he
interviewed her during
an investigation into
the illegal sale of palm
trees from the campus'
horticulture department.
Hatoff was cleared of wrongdoing
by the county district attorney's
office, but her lawsuit alleges that
she was subsequently
dismissed from her
$200,000-a-year administrative
job because of statements she
made to Shinoff under the
promise of attorney-client
privilege. Hatoff is still an English
professor at the school.
Anello is scheduled to issue a
final decision Friday on the
motion to disqualify the law firm,
after hearing arguments from
Hatoff attorney Tracy Warren and
from Jack Sleeth, a lawyer
representing the college. Like
Shinoff, Sleeth is employed by
Stutz, Artiano, Shinoff and Holtz.
Reached by phone Thursday,
Warren declined to comment on
the tentative ruling. Shinoff and
Sleeth could not be reached for
comment.
Shinoff led the college through
its 17-month internal
investigation into the palm tree
affair. The scandal erupted in
December 2005 when a
whistleblower alleged that
officials in the horticulture
department were raising and
selling palm trees for personal
profit. The ensuing probe led
authorities to charge one school
employee, Alleen Texeira, with a
single count of theft. A handful of
other employees, including
Hatoff, were disciplined or
resigned.
College officials accused Hatoff
of failing to properly supervise
employees and refusing to
cooperate in the investigation.
She was placed on
administrative leave as vice
president of instruction in August
2006 and dismissed from the
post in June.
Hatoff has not been charged with
any crime and was cleared of
wrongdoing after an investigation
by the county district attorney's
office, according to deputy district
attorney Mike Still.
Anello's ruling found that when
interviewing Hatoff, Shinoff
appeared to violate one of the
California Rules of Professional
Conduct, a document that guides
the behavior of attorneys in
California.
The rule in question essentially
states that when dealing with an
organization's employees, an
attorney must explain clearly who
he is working for when it
becomes apparent that the
organization's interest may
conflict with those of the
employee.
"Instead, Shinoff promised me
and others attorney-client
privilege if we cooperated in the
investigation and maintained
confidentiality," Hatoff alleges in
her lawsuit.
Sleeth said earlier this week that
Hatoff was never Shinoff's client.
Therefore, he said, rules
regarding conduct with clients do
not apply. In his ruling, Anello
rejected that argument, stating
that the notification rule still
applies.
Hatoff sued the college in May,
alleging breach of contract,
negligence, extortion,
harassment and labor law
violations.
The lawsuit names the college,
former college President Victoria
Munoz Richart, all seven
members of MiraCosta's
governing board and former
trustee Henry Holloway.
Hatoff is seeking $14 million in
general and special damages,
as well as punitive damages of
$5 million from Richart, and $1
million each from the board
members who supported Richart
---- board president Charles
Adams and trustees Carolyn
Batiste, Rudy Fernandez, Gregory
Post and Holloway.
In Hatoff's lawsuit, there are
several other motions pending,
including one by the college to
dismiss the case and another
that seeks to shield four college
trustees from testifying in
depositions.
tentative ruling
disqualifies MCC
attorneys from
Hatoff case
North County Times
By: PHILIP K. IRELAND
August 23, 2007
VISTA ---- Lawyers
working for
MiraCosta College
should be
disqualified from
defending the
school against a
$24 million lawsuit
filed by former vice
president of
instruction Julie
Hatoff, according to
a Superior Court
judge's tentative
ruling Thursday.
In his ruling, Judge
Michael Anello found
that attorney Daniel
Shinoff and the law firm
Stutz, Artiano, Shinoff
and Holtz failed to
make clear to Hatoff
that Shinoff
represented the college
---- not her ---- when he
interviewed her during
an investigation into
the illegal sale of palm
trees from the campus'
horticulture department.
Hatoff was cleared of wrongdoing
by the county district attorney's
office, but her lawsuit alleges that
she was subsequently
dismissed from her
$200,000-a-year administrative
job because of statements she
made to Shinoff under the
promise of attorney-client
privilege. Hatoff is still an English
professor at the school.
Anello is scheduled to issue a
final decision Friday on the
motion to disqualify the law firm,
after hearing arguments from
Hatoff attorney Tracy Warren and
from Jack Sleeth, a lawyer
representing the college. Like
Shinoff, Sleeth is employed by
Stutz, Artiano, Shinoff and Holtz.
Reached by phone Thursday,
Warren declined to comment on
the tentative ruling. Shinoff and
Sleeth could not be reached for
comment.
Shinoff led the college through
its 17-month internal
investigation into the palm tree
affair. The scandal erupted in
December 2005 when a
whistleblower alleged that
officials in the horticulture
department were raising and
selling palm trees for personal
profit. The ensuing probe led
authorities to charge one school
employee, Alleen Texeira, with a
single count of theft. A handful of
other employees, including
Hatoff, were disciplined or
resigned.
College officials accused Hatoff
of failing to properly supervise
employees and refusing to
cooperate in the investigation.
She was placed on
administrative leave as vice
president of instruction in August
2006 and dismissed from the
post in June.
Hatoff has not been charged with
any crime and was cleared of
wrongdoing after an investigation
by the county district attorney's
office, according to deputy district
attorney Mike Still.
Anello's ruling found that when
interviewing Hatoff, Shinoff
appeared to violate one of the
California Rules of Professional
Conduct, a document that guides
the behavior of attorneys in
California.
The rule in question essentially
states that when dealing with an
organization's employees, an
attorney must explain clearly who
he is working for when it
becomes apparent that the
organization's interest may
conflict with those of the
employee.
"Instead, Shinoff promised me
and others attorney-client
privilege if we cooperated in the
investigation and maintained
confidentiality," Hatoff alleges in
her lawsuit.
Sleeth said earlier this week that
Hatoff was never Shinoff's client.
Therefore, he said, rules
regarding conduct with clients do
not apply. In his ruling, Anello
rejected that argument, stating
that the notification rule still
applies.
Hatoff sued the college in May,
alleging breach of contract,
negligence, extortion,
harassment and labor law
violations.
The lawsuit names the college,
former college President Victoria
Munoz Richart, all seven
members of MiraCosta's
governing board and former
trustee Henry Holloway.
Hatoff is seeking $14 million in
general and special damages,
as well as punitive damages of
$5 million from Richart, and $1
million each from the board
members who supported Richart
---- board president Charles
Adams and trustees Carolyn
Batiste, Rudy Fernandez, Gregory
Post and Holloway.
In Hatoff's lawsuit, there are
several other motions pending,
including one by the college to
dismiss the case and another
that seeks to shield four college
trustees from testifying in
depositions.
MiraCosta president a roundtable no-show
Ken Leighton February 09, 2007
I turned in my first appearance on KOCT’s “Journalist Roundtable” last week and it was
not without surprises. (The show replays throughout the month — see KOCT.org for
times). Among the surprises, Vista school board member Stephen Guffanti said that the
Vista teachers union “supported rapists.” But more on that next week.
The biggest bombshell came two days before the live show when MiraCosta College
President Victoria Munoz Richart said she could not participate because of “scheduling
conflicts.”
MCC spokesperson Bonnie Hall said Richart would not be explaining what those
“conflicts” were, but I would imagine that the overwhelming nonsupport of her teaching
staff had something to do with her decision to not take part in the show.
For the first time in the school’s history, a MCC president has been given a vote of no
confidence by the teaching staff. Jonathan Cole, president of the MCC faculty senate, said
78 percent of the full-time faculty showed up Nov. 30, 2006, to vote on a resolution of “no
confidence.” Of those who voted, 91 percent voted “no confidence.”
MCC instructor Tom Severance put together a Web site, www.severance.com/mccmess,
that documents the staff’s unhappiness with Richart. The site contains a collection of
signed letters from these highly paid teaching professionals which spell out specifically
why they think Richart has to go.
“The staff is deeply concerned that Richart has been unable to provide more information
about ongoing events,” Cole said.
The Web site refers to a Seattle Post-Intelligencer article that points out that while Richart
was president of the Cascadia district in Washington, the staff there voted to unionize.
The Web site suggests Richart may trigger an effort to unionize at MiraCosta.
What has not been said in these anti-Richart tirades, is that the MCC board is directly
responsible for hiring Richart. I think as this all plays out, we will all get to know the
names of these board members and how they vote.
That same MCC board voted to forbid any of their fellow members to speak to press on
matters relating to their college. This is, of course, a joke.
Judy Strattan was recently elected to the MCC board. Stratton unseated a longtime
incumbent (she got 60 percent at the polls) and then openly violated the gag rule when
she spoke to a North County Times reporter. And guess what? The board can do nothing
about it. Judy Strattan will continue to speak up and speak out and the board majority can
do nothing but complain in closed session and look like rank amateurs...
Regarding Richart’s KOCT no-show and her board’s unenforceable gag rule I say: You
can run but you cannot hide.
Ken Leighton February 09, 2007
I turned in my first appearance on KOCT’s “Journalist Roundtable” last week and it was
not without surprises. (The show replays throughout the month — see KOCT.org for
times). Among the surprises, Vista school board member Stephen Guffanti said that the
Vista teachers union “supported rapists.” But more on that next week.
The biggest bombshell came two days before the live show when MiraCosta College
President Victoria Munoz Richart said she could not participate because of “scheduling
conflicts.”
MCC spokesperson Bonnie Hall said Richart would not be explaining what those
“conflicts” were, but I would imagine that the overwhelming nonsupport of her teaching
staff had something to do with her decision to not take part in the show.
For the first time in the school’s history, a MCC president has been given a vote of no
confidence by the teaching staff. Jonathan Cole, president of the MCC faculty senate, said
78 percent of the full-time faculty showed up Nov. 30, 2006, to vote on a resolution of “no
confidence.” Of those who voted, 91 percent voted “no confidence.”
MCC instructor Tom Severance put together a Web site, www.severance.com/mccmess,
that documents the staff’s unhappiness with Richart. The site contains a collection of
signed letters from these highly paid teaching professionals which spell out specifically
why they think Richart has to go.
“The staff is deeply concerned that Richart has been unable to provide more information
about ongoing events,” Cole said.
The Web site refers to a Seattle Post-Intelligencer article that points out that while Richart
was president of the Cascadia district in Washington, the staff there voted to unionize.
The Web site suggests Richart may trigger an effort to unionize at MiraCosta.
What has not been said in these anti-Richart tirades, is that the MCC board is directly
responsible for hiring Richart. I think as this all plays out, we will all get to know the
names of these board members and how they vote.
That same MCC board voted to forbid any of their fellow members to speak to press on
matters relating to their college. This is, of course, a joke.
Judy Strattan was recently elected to the MCC board. Stratton unseated a longtime
incumbent (she got 60 percent at the polls) and then openly violated the gag rule when
she spoke to a North County Times reporter. And guess what? The board can do nothing
about it. Judy Strattan will continue to speak up and speak out and the board majority can
do nothing but complain in closed session and look like rank amateurs...
Regarding Richart’s KOCT no-show and her board’s unenforceable gag rule I say: You
can run but you cannot hide.
Trustee Gloria Carranza
Judy Strattan joined the
MiraCosta College Board of
Trustees on December 5,
2006.
Judy’s approach to working
with the community, Board
colleagues and campus
constituents is consistent,
honest, accessible and
collaborative.
Judy earned a doctorate in
Educational Leadership from
the University of San Diego.
She served MiraCosta College
from 1978 to 1987 as dean of
students; Columbia College,
1987-1993 as vice-president of
Student Services; and Barstow
College, 1993-1997 as
president/superintendent.
Judy spent 15 years in
teaching and administration at
the university and community
college level in Illinois.
Judy believes in giving back
time and energy to the
communities in which one
lives. She has served as a city
council member in Elgin,
Illinois and as a member of the
County Criminal Justice
Commission. She has also
served on women’s center
advisory councils, small
business and economic
development councils, college
foundations, health alliance
committees, and homeowner’
s association boards.
Judy has also shown
leadership through her
participation in the Association
of California Community
College Administrators
Association, Higher Education
Consortium of Central
California Articulation and
Transfer Council, Vocational
Guidance and Counseling
Advisory Committee for the
California Community College
Chancellor’s Office and the
Accrediting Commission for
Community and Junior
Colleges.
MiraCosta College Board of
Trustees on December 5,
2006.
Judy’s approach to working
with the community, Board
colleagues and campus
constituents is consistent,
honest, accessible and
collaborative.
Judy earned a doctorate in
Educational Leadership from
the University of San Diego.
She served MiraCosta College
from 1978 to 1987 as dean of
students; Columbia College,
1987-1993 as vice-president of
Student Services; and Barstow
College, 1993-1997 as
president/superintendent.
Judy spent 15 years in
teaching and administration at
the university and community
college level in Illinois.
Judy believes in giving back
time and energy to the
communities in which one
lives. She has served as a city
council member in Elgin,
Illinois and as a member of the
County Criminal Justice
Commission. She has also
served on women’s center
advisory councils, small
business and economic
development councils, college
foundations, health alliance
committees, and homeowner’
s association boards.
Judy has also shown
leadership through her
participation in the Association
of California Community
College Administrators
Association, Higher Education
Consortium of Central
California Articulation and
Transfer Council, Vocational
Guidance and Counseling
Advisory Committee for the
California Community College
Chancellor’s Office and the
Accrediting Commission for
Community and Junior
Colleges.
MiraCosta trustee Carolyn Batiste also currently serves on the
California Community Colleges Board of Trustees.
Perhaps that explains why CCCCO has been reluctant to seriously
investigate MiraCosta, and instead sponsors “training sessions” urging
trustees “to reconcile” instead of changing the policies that have cost the
taxpayers so dearly.
California Community Colleges Board of Trustees.
Perhaps that explains why CCCCO has been reluctant to seriously
investigate MiraCosta, and instead sponsors “training sessions” urging
trustees “to reconcile” instead of changing the policies that have cost the
taxpayers so dearly.
 |
 |
 |
The MiraCosta Mess
Calendar dates for
MiraCosta court cases
MiraCosta court cases
Google Search
Donors
Note: David Hatoff, husband of
Julie Hatoff, the administrator
who was fired, and who is
suing the school, was the
largest donor. ...
taxpayers-save-miracosta.com
/donors.html
MiraCosta College trustees at
odds; legal representation
complex ...Known as a "joint
powers authority," the
organization recently granted
the minority trustees an
attorney -- David Monks -- to
represent them in the Hatoff ...
Donors
Note: David Hatoff, husband of
Julie Hatoff, the administrator
who was fired, and who is
suing the school, was the
largest donor. ...
taxpayers-save-miracosta.com
/donors.html
MiraCosta College trustees at
odds; legal representation
complex ...Known as a "joint
powers authority," the
organization recently granted
the minority trustees an
attorney -- David Monks -- to
represent them in the Hatoff ...
Trustee Judy
Stratton--resigned March
31, 2009 perhaps
because MiraCosta
College is under control of
powers beyond the board
Stratton--resigned March
31, 2009 perhaps
because MiraCosta
College is under control of
powers beyond the board
The
MiraCosta
Minority
Trustees
MiraCosta
Minority
Trustees
County investigators are probing the circumstances surrounding former President Victoria
Munoz Richart's $1.5 million buyout deal with trustees, inked in a controversial all-night board
meeting on June 20.
The spending disclosure came Tuesday night as trustees ratified a contract with the law firm
for an estimated $75,000. The fee could be more or less, depending on the how far the district
attorney probe goes, Austin said.
Munoz Richart's $1.5 million buyout deal with trustees, inked in a controversial all-night board
meeting on June 20.
The spending disclosure came Tuesday night as trustees ratified a contract with the law firm
for an estimated $75,000. The fee could be more or less, depending on the how far the district
attorney probe goes, Austin said.
George McNeil
Jacqueline Simon
Gloria Carranza
(Voters got rid of Daniel Shinoff's rubber stamp,
Carolyn Batiste)
Jacqueline Simon
Gloria Carranza
(Voters got rid of Daniel Shinoff's rubber stamp,
Carolyn Batiste)
2008 Election results
The three individuals listed below were all winners, and it seemed they
would change MiraCosta. Eventually all trustees except Gloria Carranza
rubber-stamped Dan Shinoff's efforts to preserve the Richart settlement
until the Califonria Supreme Court finally rejected them.
The three individuals listed below were all winners, and it seemed they
would change MiraCosta. Eventually all trustees except Gloria Carranza
rubber-stamped Dan Shinoff's efforts to preserve the Richart settlement
until the Califonria Supreme Court finally rejected them.
District Attorney Bonnie Dumanis drops criminal probe of MiraCosta deal
Compare: CCDC
investigation
was 1/100th the
cost
Probe into ex-
CCDC executive
costly one
$33,000-plus
spent to get
$3,300 fine vs.
Graham
By Jeanette Steele
San Diego Union-Tribune
May 9, 2009
San Diego spent more than
$33,000 to investigate
conflict-of-interest charges
against former downtown
redevelopment executive
Nancy Graham, all for a no-
contest misdemeanor
conviction that yielded a
$3,300 fine.
That kind of outlay – mostly
under former City Attorney
Michael Aguirre – is
uncommon for the City
Attorney's Office.
City Attorney Jan Goldsmith,
who unseated Aguirre in
November's election, said
the expenses were justified
because the case was
complicated, with research
required on New York-based
real estate giant Related Cos.
The developer's California
operation was granted a
project by the nonprofit
Centre City Development
Corp., which guides
downtown revitalization for
the city. Graham, who was
the agency's president, didn't
disclose her financial ties to
a Florida arm of the
developer.
The City Attorney's Office
spent $16,000 on forensic
accounting experts from a
national consulting firm,
about $10,000 of which was
booked under Aguirre, who
declined to comment Friday.
Other big-ticket items: $8,661
to prepare documents for
trial; $2,754 for rushed, out-of-
state corporation records;
and $1,533 for transcripts of
audio recordings of public
meetings. It cost $1,042 for
copies of Florida court cases,
one of which provided the
pivotal proof that Graham had
received money she hadn't
declared.
Goldsmith said he approved
the single-count plea deal
because a trial would have
pushed the city's outside bills
up by $75,000. He said they
couldn't make Graham pay
the city's costs, despite the
conviction, because the law
doesn't allow it on this kind of
charge.
“We saw the amount of
expense, we paused and we
negotiated with the defense
lawyer, and we were actually
very pleased that we actually
got a conviction to what we
believe we could have proven
had we gone to trial,”
Goldsmith said in an
interview this week.
Graham's attorney, former
District Attorney Paul Pfingst,
said, “To their credit, they cut
their losses; they stopped the
bleeding.”
The May 1 entering of the
plea may not be the end of
the public's costs. Pfingst
said the city's Ethics
Commission is still
investigating Graham. Also,
the FBI's public-integrity unit
in January subpoenaed
records related to Graham's
ties to downtown developers.
Pfingst said he doesn't think
the U.S. attorney will take any
action.
investigation
was 1/100th the
cost
Probe into ex-
CCDC executive
costly one
$33,000-plus
spent to get
$3,300 fine vs.
Graham
By Jeanette Steele
San Diego Union-Tribune
May 9, 2009
San Diego spent more than
$33,000 to investigate
conflict-of-interest charges
against former downtown
redevelopment executive
Nancy Graham, all for a no-
contest misdemeanor
conviction that yielded a
$3,300 fine.
That kind of outlay – mostly
under former City Attorney
Michael Aguirre – is
uncommon for the City
Attorney's Office.
City Attorney Jan Goldsmith,
who unseated Aguirre in
November's election, said
the expenses were justified
because the case was
complicated, with research
required on New York-based
real estate giant Related Cos.
The developer's California
operation was granted a
project by the nonprofit
Centre City Development
Corp., which guides
downtown revitalization for
the city. Graham, who was
the agency's president, didn't
disclose her financial ties to
a Florida arm of the
developer.
The City Attorney's Office
spent $16,000 on forensic
accounting experts from a
national consulting firm,
about $10,000 of which was
booked under Aguirre, who
declined to comment Friday.
Other big-ticket items: $8,661
to prepare documents for
trial; $2,754 for rushed, out-of-
state corporation records;
and $1,533 for transcripts of
audio recordings of public
meetings. It cost $1,042 for
copies of Florida court cases,
one of which provided the
pivotal proof that Graham had
received money she hadn't
declared.
Goldsmith said he approved
the single-count plea deal
because a trial would have
pushed the city's outside bills
up by $75,000. He said they
couldn't make Graham pay
the city's costs, despite the
conviction, because the law
doesn't allow it on this kind of
charge.
“We saw the amount of
expense, we paused and we
negotiated with the defense
lawyer, and we were actually
very pleased that we actually
got a conviction to what we
believe we could have proven
had we gone to trial,”
Goldsmith said in an
interview this week.
Graham's attorney, former
District Attorney Paul Pfingst,
said, “To their credit, they cut
their losses; they stopped the
bleeding.”
The May 1 entering of the
plea may not be the end of
the public's costs. Pfingst
said the city's Ethics
Commission is still
investigating Graham. Also,
the FBI's public-integrity unit
in January subpoenaed
records related to Graham's
ties to downtown developers.
Pfingst said he doesn't think
the U.S. attorney will take any
action.
“Even if there was a technical
violation of a city reporting
statute, it does not rise to the
level of federal interest,” he said.
The charge to which Graham
pleaded no contest was failing to
disclose financial interests on a
form that city officials fill out
yearly.
Graham once had a real estate
development deal with the
Florida arm of Related, which
won a $409 million urban-
renewal project from the San
Diego agency in 2007.
Graham's former development
company got about $7 million
from the Florida venture, and
$125,000 of that came to her
after Related Cos. had been
awarded the San Diego project.
Graham never reported income
from the Florida venture on her
economic-interest forms.
Aguirre filed five misdemeanor
conflict-of-interest charges
against Graham, but
Goldsmith's office reduced those
to one. Goldsmith said the city
would have gone to trial and
shouldered the expense if
Graham hadn't taken the deal.
Since this was Graham's first
offense, and it was a
misdemeanor, it's unlikely that
she would have served any of
the six months of jail time that
conviction on the charge could
bring, Goldsmith said.
Pfingst wouldn't say where
Graham, 62, is now or what
she's doing. Calls to her cell
phone for comment weren't
returned. Graham was living in
Tennessee with her extended
family after she left San Diego
last summer.
violation of a city reporting
statute, it does not rise to the
level of federal interest,” he said.
The charge to which Graham
pleaded no contest was failing to
disclose financial interests on a
form that city officials fill out
yearly.
Graham once had a real estate
development deal with the
Florida arm of Related, which
won a $409 million urban-
renewal project from the San
Diego agency in 2007.
Graham's former development
company got about $7 million
from the Florida venture, and
$125,000 of that came to her
after Related Cos. had been
awarded the San Diego project.
Graham never reported income
from the Florida venture on her
economic-interest forms.
Aguirre filed five misdemeanor
conflict-of-interest charges
against Graham, but
Goldsmith's office reduced those
to one. Goldsmith said the city
would have gone to trial and
shouldered the expense if
Graham hadn't taken the deal.
Since this was Graham's first
offense, and it was a
misdemeanor, it's unlikely that
she would have served any of
the six months of jail time that
conviction on the charge could
bring, Goldsmith said.
Pfingst wouldn't say where
Graham, 62, is now or what
she's doing. Calls to her cell
phone for comment weren't
returned. Graham was living in
Tennessee with her extended
family after she left San Diego
last summer.
Judge Anello ruling re Dan
Shinoff conduct (also see
article below)
Shinoff conduct (also see
article below)
Here's a comment from San Diego News Network:
Comment by: Observer Posted: May 5, 2010, 5:47 pm
Amazing – you must be the only person who has ever used the
words “highly regarded” and “Daniel Shinoff” in the same sentence.
Suggest you look at the recent case at Miracosta College where
citizen attorney Leon Page ran intellectual circles around the “highly
regarded” Shinoff. The Appellate court and Supreme Court agreed
with Mr. Page. A careful read of the Appellate Court’s findings
suggest they saw right through the highly questionable behavior of
Shinoff.
Comment by: Observer Posted: May 5, 2010, 5:47 pm
Amazing – you must be the only person who has ever used the
words “highly regarded” and “Daniel Shinoff” in the same sentence.
Suggest you look at the recent case at Miracosta College where
citizen attorney Leon Page ran intellectual circles around the “highly
regarded” Shinoff. The Appellate court and Supreme Court agreed
with Mr. Page. A careful read of the Appellate Court’s findings
suggest they saw right through the highly questionable behavior of
Shinoff.
MiraCosta College
OCEANSIDE: Richart files claim against MiraCosta
By PAUL SISSON
North County Times
July 1, 2010
Former MiraCosta College President and Superintendent Victoria Munoz Richart has filed a
claim against the college alleging potential damages worth more than $2 million.
[Maura Larkins comment: Now that she has filed a claim, SDCOE-Joint Powers Authority
can pay her off without running afoul of the law. The previous deal was illegal because
it was a severance deal that went over the legal limit. But paying off a claim for damages
would not have such a limit.
My guess is that Diane Crosier at SDCOE-JPA will be only too happy to approve a payoff.
Crosier is very close to Dan Shinoff, and he certainly isn't going to want to see Victoria
Richart on the witness stand at a trial talking about how he advised her to conduct the
Palmgate investigation.]
By PAUL SISSON
North County Times
July 1, 2010
Former MiraCosta College President and Superintendent Victoria Munoz Richart has filed a
claim against the college alleging potential damages worth more than $2 million.
[Maura Larkins comment: Now that she has filed a claim, SDCOE-Joint Powers Authority
can pay her off without running afoul of the law. The previous deal was illegal because
it was a severance deal that went over the legal limit. But paying off a claim for damages
would not have such a limit.
My guess is that Diane Crosier at SDCOE-JPA will be only too happy to approve a payoff.
Crosier is very close to Dan Shinoff, and he certainly isn't going to want to see Victoria
Richart on the witness stand at a trial talking about how he advised her to conduct the
Palmgate investigation.]
MiraCosta's accreditation status in danger
By: PHILIP K. IRELAND
Staff Writer North County Times - Californian
February 9, 2008
The organization that vets community colleges across the West warned
beleaguered MiraCosta College this week that it must correct problems in
leadership, education and communication within two years or lose its
accreditation.
The news is another setback for the college, which has suffered through
nearly two years of turmoil marked by an investigation into the illegal sales of
palm trees from its horticulture department, as well as acrimony among
board members over the leadership of the school's former president, Victoria
Munoz Richart.
The official warning from the Accrediting Commission for Community
and Junior Colleges, made public by the college Thursday,
recommends that college officials make the following changes:
* create a plan to help the governing board work cooperatively;
* accelerate plans to measure student success;
* create a plan for clear and open communication between the board and
various college groups.
College officials reacted to the news Friday with disappointment and resolve.
"We take (the commission's) concerns very seriously," the college's interim
president, John Hendrickson, said Friday. "In my opinion, maintaining
accreditation is more important than having money in the bank. It's that
important."
The college will remain an accredited institution throughout the two-year
warning period, commission President Barbara Beno said in the report.
However, should the college fail to address the commission's concerns, the
organization will end the school's accreditation.
The loss of accreditation would prevent the college from offering classes for
college credit.
Hendrickson said college officials have been helping trustees get along
better since a team of educators visited the college in September to
investigate claims by faculty that the governing board could no longer
function effectively.
In a statement then, the team criticized the board's infighting and
commended faculty for maintaining educational standards amid the political
turmoil.
The commission's public sanction this week comes as part of a final report
from that team.
According to that report, the college must provide reports to the commission
in April and in March 2009, documenting progress toward meeting the
recommendations. The commission will send teams to the college after each
report to confirm the reports' claims.
Included in the commission report are details of the turmoil that began in
2005 with allegations of illegal activity in the college horticulture department
and a controversial 17-month investigation. In the end, four employees left
the college, one employee pleaded guilty to fraud and the college has
defended multiple lawsuits that grew out of the scandal.
The board split, with four trustees siding with Richart and the other three with
various faculty groups, to vote no confidence in Richart's leadership. Richart
later negotiated a $1.6 million buyout settlement, arguing that minority
trustees damaged her reputation.
Hendrickson said two recent workshop meetings have targeted the issue of
board cooperation: a January retreat that focused on state open meeting
laws, and a meeting last Tuesday to help board members understand the
college's cycle of planning and budgeting. However, during both meetings,
trustees blamed one another for the last two years of turmoil, underscoring
the continuing deep divide.
Board President Carolyn Batiste acknowledged the problem but said the
board needs to keep moving forward.
"I thought (the commission report was) right to the point and reminded us
once again that we must put away the things that have mired us down,"
Batiste said.
She said that she and Hendrickson will meet with the leaders of key campus
groups to hear their concerns.
However, Batiste said she would resist efforts by minority board members
and employees to "dig up the past," referring to the turmoil of the last two
years.
"Discussing actions that have already taken place (does) not allow the
momentum to get us where we need to be," Batiste said. "There is no going
back."
By: PHILIP K. IRELAND
Staff Writer North County Times - Californian
February 9, 2008
The organization that vets community colleges across the West warned
beleaguered MiraCosta College this week that it must correct problems in
leadership, education and communication within two years or lose its
accreditation.
The news is another setback for the college, which has suffered through
nearly two years of turmoil marked by an investigation into the illegal sales of
palm trees from its horticulture department, as well as acrimony among
board members over the leadership of the school's former president, Victoria
Munoz Richart.
The official warning from the Accrediting Commission for Community
and Junior Colleges, made public by the college Thursday,
recommends that college officials make the following changes:
* create a plan to help the governing board work cooperatively;
* accelerate plans to measure student success;
* create a plan for clear and open communication between the board and
various college groups.
College officials reacted to the news Friday with disappointment and resolve.
"We take (the commission's) concerns very seriously," the college's interim
president, John Hendrickson, said Friday. "In my opinion, maintaining
accreditation is more important than having money in the bank. It's that
important."
The college will remain an accredited institution throughout the two-year
warning period, commission President Barbara Beno said in the report.
However, should the college fail to address the commission's concerns, the
organization will end the school's accreditation.
The loss of accreditation would prevent the college from offering classes for
college credit.
Hendrickson said college officials have been helping trustees get along
better since a team of educators visited the college in September to
investigate claims by faculty that the governing board could no longer
function effectively.
In a statement then, the team criticized the board's infighting and
commended faculty for maintaining educational standards amid the political
turmoil.
The commission's public sanction this week comes as part of a final report
from that team.
According to that report, the college must provide reports to the commission
in April and in March 2009, documenting progress toward meeting the
recommendations. The commission will send teams to the college after each
report to confirm the reports' claims.
Included in the commission report are details of the turmoil that began in
2005 with allegations of illegal activity in the college horticulture department
and a controversial 17-month investigation. In the end, four employees left
the college, one employee pleaded guilty to fraud and the college has
defended multiple lawsuits that grew out of the scandal.
The board split, with four trustees siding with Richart and the other three with
various faculty groups, to vote no confidence in Richart's leadership. Richart
later negotiated a $1.6 million buyout settlement, arguing that minority
trustees damaged her reputation.
Hendrickson said two recent workshop meetings have targeted the issue of
board cooperation: a January retreat that focused on state open meeting
laws, and a meeting last Tuesday to help board members understand the
college's cycle of planning and budgeting. However, during both meetings,
trustees blamed one another for the last two years of turmoil, underscoring
the continuing deep divide.
Board President Carolyn Batiste acknowledged the problem but said the
board needs to keep moving forward.
"I thought (the commission report was) right to the point and reminded us
once again that we must put away the things that have mired us down,"
Batiste said.
She said that she and Hendrickson will meet with the leaders of key campus
groups to hear their concerns.
However, Batiste said she would resist efforts by minority board members
and employees to "dig up the past," referring to the turmoil of the last two
years.
"Discussing actions that have already taken place (does) not allow the
momentum to get us where we need to be," Batiste said. "There is no going
back."
The case is bizarre for many reasons. Why did MiraCosta's attorney Dan Shinoff
negotiate a $1.6 settlement with Richart instead of advising the board to follow
normal procedure clearly spelled out by the SDCOE JPA (which insured the college)?
SDCOE has told all school districts to deny all claims. Shinoff didn't even wait for a
claim to be filed to engineer the giveaway.
negotiate a $1.6 settlement with Richart instead of advising the board to follow
normal procedure clearly spelled out by the SDCOE JPA (which insured the college)?
SDCOE has told all school districts to deny all claims. Shinoff didn't even wait for a
claim to be filed to engineer the giveaway.
North County
C) MIRA COSTA
COLLEGE
DANIEL R. SHINOFF
12/14/07 01:30PM N-27
Stern, Jacqueline M.
Demurrer / Moti
GIN058018
C) MIRA COSTA
COLLEGE
DANIEL R. SHINOFF
12/14/07 01:30PM N-27
Stern, Jacqueline M.
Demurrer / Moti
GIN058018
01/25/08 01:30PM N-30
Nugent, Thomas P.
37-2007-00055219-CU-W
M-NC
D) Miracosta
Community College
DANIEL R. SHINOFF
Nugent, Thomas P.
37-2007-00055219-CU-W
M-NC
D) Miracosta
Community College
DANIEL R. SHINOFF
04/25/08 01:30PM N-27
Stern, Jacqueline M.
SLAPP / SLAPPba and
Demurrer
GIN058018
Stern, Jacqueline M.
SLAPP / SLAPPba and
Demurrer
GIN058018
AUSTIN VS MIRA
COSTA COLLEGE
Case Number: GIN058018
North County
Filed: 12/28/2006
Category: CU-WT Wrongful
Termination
Plaintiff/Petitioner
AUSTIN KAREN P
HATOFF JULIE P
KRASKOUSKAS EILEEN
RICHART VICTORIA
MUNOZ
Defendant/Respondent
RIGGS TERRY P
MIRA COSTA COLLEGE
COSTA COLLEGE
Case Number: GIN058018
North County
Filed: 12/28/2006
Category: CU-WT Wrongful
Termination
Plaintiff/Petitioner
AUSTIN KAREN P
HATOFF JULIE P
KRASKOUSKAS EILEEN
RICHART VICTORIA
MUNOZ
Defendant/Respondent
RIGGS TERRY P
MIRA COSTA COLLEGE
| OTHER MIRACOSTA CASES |
06/06/08 11:00AM N-27
Stern, Jacqueline M.
GIN058018
C)MIRACOSTA
COMMUNITY COLLEGE
Daniel R. Shinoff
Stern, Jacqueline M.
GIN058018
C)MIRACOSTA
COMMUNITY COLLEGE
Daniel R. Shinoff
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
MiraCosta College apparently never cared about the palm trees; it spent $3 million
on power struggles. It was obvious to anyone who paid attention that the MiraCosta
palm tree investigation that netted a lot of money for Stutz law firm and its
investigators was never about protecting public assets.
It was about personal power struggles. Shame on the board majority for using public
resources to fight for personal power.
Bleak picture of college's palm trees emerges
By Bruce Lieberman
San Diego UNION-TRIBUNE
June 18, 2008
There is yet another accounting of what is now the ill-fated donation of more than 2,300 palm
trees a decade ago to the Oceanside-based community college. Accountants say most of the
trees have died, are ailing or are too ragged to sell.
A little more than two years ago, the college had 2,328 palm trees valued at $222,370. An
audit in March counted 1,377 valued at $49,000...
And now the forest of free palms, once worth nearly a quarter-million dollars, looks bleak.
Of the 1,377 trees left, a college consultant has recommended throwing out 295, selling 791
wholesale and 196 retail, and keeping 95.
At yesterday's meeting, board President Carolyn Batiste said Carranza's outrage did not
reflect the board's sentiments. “The board has not taken any position that there has been a
dereliction of duty,” she said.
Batiste said the March 2006 audit, which counted 2,328 trees valued at $222,370, was not
conducted by a horticulturist, who would have been most qualified to estimate the trees'
value...
on power struggles. It was obvious to anyone who paid attention that the MiraCosta
palm tree investigation that netted a lot of money for Stutz law firm and its
investigators was never about protecting public assets.
It was about personal power struggles. Shame on the board majority for using public
resources to fight for personal power.
Bleak picture of college's palm trees emerges
By Bruce Lieberman
San Diego UNION-TRIBUNE
June 18, 2008
There is yet another accounting of what is now the ill-fated donation of more than 2,300 palm
trees a decade ago to the Oceanside-based community college. Accountants say most of the
trees have died, are ailing or are too ragged to sell.
A little more than two years ago, the college had 2,328 palm trees valued at $222,370. An
audit in March counted 1,377 valued at $49,000...
And now the forest of free palms, once worth nearly a quarter-million dollars, looks bleak.
Of the 1,377 trees left, a college consultant has recommended throwing out 295, selling 791
wholesale and 196 retail, and keeping 95.
At yesterday's meeting, board President Carolyn Batiste said Carranza's outrage did not
reflect the board's sentiments. “The board has not taken any position that there has been a
dereliction of duty,” she said.
Batiste said the March 2006 audit, which counted 2,328 trees valued at $222,370, was not
conducted by a horticulturist, who would have been most qualified to estimate the trees'
value...
From: Leon Page
Sent: Wed, April 27, 2011
Subject: Richart v. MiraCosta; the college's anti-SLAPP motion
As you may know, Victoria Richart has sued MiraCosta College and three individual
trustees -- the former "dissidents" on the Board.
Her lawsuit is the result of the trial court judge's order invalidating the original
settlement and the judgment requiring that she return to the college all
consideration -- about $1.4 million -- she recieved under the illegal settlement agreement
before it was nullified.
In response to Richart's new lawsuit, the college's lawyers have now, appropriately, filed a
legal motion called a "special motion to strike" -- also known as an "anti-SLAPP" motion -- to
have the new lawsuit dismissed.
The memorandum of points & authorities in support of the college's special motion to strike is
attached. The document is, in a word, awesome. I do recommend that you take a few minutes
to look at the legal arguments the college is now making.
Note how the college is now advancing, as its own, all of the arguments we raised
over the years in support of our position that the Richart settlement was a fraud, and
that Richart never had any valid claim of any kind against the college or its trustees.
That's because the Board, as this brief explains so well, never took any kind of "adverse
action" against Richart.
As you might imagine, it is especially gratifying to now see the lawyers for the
college now actually defending the college -- and the taxpayers -- instead throwing
dissident trustees "under the bus" to cover up their own gross negligence. What a
difference two elections can make.
Anyway, do take a look at the attached memorandum. It is college attorney Michael Gibb's
magnum opus, and an altogether beautiful piece of legal writing.
LP
Sent: Wed, April 27, 2011
Subject: Richart v. MiraCosta; the college's anti-SLAPP motion
As you may know, Victoria Richart has sued MiraCosta College and three individual
trustees -- the former "dissidents" on the Board.
Her lawsuit is the result of the trial court judge's order invalidating the original
settlement and the judgment requiring that she return to the college all
consideration -- about $1.4 million -- she recieved under the illegal settlement agreement
before it was nullified.
In response to Richart's new lawsuit, the college's lawyers have now, appropriately, filed a
legal motion called a "special motion to strike" -- also known as an "anti-SLAPP" motion -- to
have the new lawsuit dismissed.
The memorandum of points & authorities in support of the college's special motion to strike is
attached. The document is, in a word, awesome. I do recommend that you take a few minutes
to look at the legal arguments the college is now making.
Note how the college is now advancing, as its own, all of the arguments we raised
over the years in support of our position that the Richart settlement was a fraud, and
that Richart never had any valid claim of any kind against the college or its trustees.
That's because the Board, as this brief explains so well, never took any kind of "adverse
action" against Richart.
As you might imagine, it is especially gratifying to now see the lawyers for the
college now actually defending the college -- and the taxpayers -- instead throwing
dissident trustees "under the bus" to cover up their own gross negligence. What a
difference two elections can make.
Anyway, do take a look at the attached memorandum. It is college attorney Michael Gibb's
magnum opus, and an altogether beautiful piece of legal writing.
LP
Memorandum of points & authorities in support of the college's special motion to strike by
Gibbs law firm, which has replaced Stutz Artiano Shinoff & Holtz
Gibbs law firm, which has replaced Stutz Artiano Shinoff & Holtz
San Diego
Education Report
Education Report