Open and Transparent; ONLY When it Suits Them

*** UPDATED ***

I was checking the upcoming agendas for PUSD and noticed a new posting for a "Special Meeting" to be held on SUNDAY, December 6, 2015, at 2:00PM. I thought to myself, "Seriously? 2:00 PM on a Sunday? What is SO important a special meeting needs to take place on a Sunday afternoon?" The only thing listed on the agenda was an "ACTION ITEM" that stated, "Interview and Approval of Potential Special Counsel for the Board". 

Not long ago at the end of a Board Meeting Kimberley Beatty brought up for discussion the prospect of putting out an RFP (Request for Proposal) with the intent of hiring an attorney to represent the Board. The item was not on the agenda and she skirted the law and requirement for posting to the agenda so action could be taken by simply "Giving Direction" to staff to come up with an RFP and have it out the following week. Beatty openly said she wanted to avoid having to comply with the Brown Act and public notice during the discussion about the RFP and hiring an attorney to represent the Board.

I check the agendas for the District several times a week to keep up on the huge number of "Special Meetings" that Beatty is notorious for. She is large and in charge and as long as she is holding the gavel as President of the Board,and  she is going to exercise every chance she can to drive her agenda. She and Charles Sellers are driving their agenda at all cost and will not stop until they have what they want. What is that? The removal of Dr. John Collins as Superintendent.

I arrived at the District Office at about 1:40 PM. I was the only person in the parking lot at the time. By 1:50 there were several people pulling into the lot and heading to the building. I know most of the players within the District and none of these people looked at all familiar. I entered the building and within minutes Sellers arrived. Sellers entered the building and looked around and then exited the building. I watched as he rushed over to Beatty and the two had an animated conversation as Beatty got out of her vehicle. The two came into the building and immediately told staff to move the meeting from the Board Room to a smaller room to the rear of the Board Room. At this point, Beatty asked those waiting to join around her. She then explained the meeting or "interviews" would be held in the smaller room. The meeting/interviews would not be recorded. She then told them they would be called in alphabetically.

While this was going on, Andy Patapow arrived and went into the Board Room. He was then told the meeting location was changed to the smaller room. Shortly after this, Dr. Collins came into the lobby and was told the meeting would be held in the smaller room and not recorded. Dr. Collins told Beatty this was unacceptable and due to his inability to hear in the smaller room and the inability to video the meeting, the meeting needed to remain in the Board Room as indicated to allow him to participate and hear what was going on. This is when all hell broke loose.

Charles Sellers came over and began a tirade in a loud voice. He was animated and yelling at John Collins. Sellers said, "You have no business being in this meeting. You are not sitting on the Dias. You are not going to participate in this.You can sit in the public like everyone else." For the record, I was the only member of the public in attendance. Sellers was animated and yelling. His face red and clearly out of control. Michelle O'Connor-Ratcliff tried to calm Sellers asking him to step into the Board Room to discuss his concerns. Sellers was not listening to anyone.

After Dr. Collins told Sellers he was going to participate as is his role as Board Secretary at an agendized meeting, Sellers, Beatty, O'Connor-Ratcliff, Patapow and Zane entered the room and began discussion related to where the meeting/interviews would take place and whether Dr. Collins would participate. I sat and listened to Sellers demand Dr. Collins not be included in the meeting and there being no need to video record the meeting. Beatty supported Sellers in his assertions and plead her case for moving the meeting to the smaller room and no video recording.

Patapow, Zane and O'Connor-Ratcliff did not agree with this and the meeting was held in the Board Room and it was streamed live and recorded. Dr. Collins sat in his usual place on the dais. I was the only member of the public in attendance for this meeting. There was a reporter who sat listening to the goings on, but not taking any notes. Sellers made it a point to speak to the reporter to downplay his tirade and explain his reasons for acting like a complete ass.

The meeting was supposedly for the purpose of hiring an attorney to assist the board with negotiations related to buying Dr. Collins out of the remaining time on his contract. Sellers and Beatty want their OWN attorney because they do not trust anyone THEY did not hire themselves.

This meeting was called by Beatty because she can. There is and was no urgency to have this meeting on a Sunday with short notice. Beatty and Sellers are trying to ram rod their agenda because it will become more difficult when she is no longer president. This meeting was held today in hopes no one would pay any attention. They were right. ALMOST no one paid attention.

Beatty and Sellers are meeting and talking as they ram their agenda. They are skirting the law and ignoring everything to do with "Open and Transparent" as they so often tout. Pay attention people.

**UDATE** 12/6/2015

I HAVE BEEN TOLD THE MEETING HELD ON SUNDAY WAS THE RESULT OF A FOUR HOUR CLOSED SESSION "SPECIAL" MEETING HELD ON MONDAY 11/30/2015. I WAS ALSO TOLD "FOR WHAT IT IS WORTH, THERE'S REALLY NOTHING NEFARIOUS AT PLAY WITH THESE RECENT MEETINGS... THE BOARD IS JUST WORKING THEIR WAY THROUGH SOME VERY DIFFICULT THINGS." I TRUST AND BELIEVE THE PERSON WHO PROVIDED THIS INFORMATION. 

I will accept this as true. I am still suspect of the true reasons for the need to hire additional council. Current council or new council are all bound by the same ethical obligations. The client is the School District, through the School Board. Shopping attorney's until one garners the answers they are seeking is NOT good business practice nor ethical on the person seeking the answers. It is clear from the conversation at the end of the Board Meeting, the purpose of the new council is to meet with Dr. Collins' attorney. Anyone with a fraction of a brain can figure out this is to either seek a buy out of the remainder of his contract or the result of pending or potential litigation as a result of the actions of certain members of the Board of Education.

The discussion the followed the selection of council was pathetic at best. It can only be understood to listen to it and attempt to follow the logic. If you can do that, add a comment to this post, cause I didn't follow. The board agreed on a selection. Beatty said she would notify the attorney. Then things got weird. Discussion was then centered on having this attorney meet with Dr. Collins attorney as soon as possible. The board went back and forth about meeting with the attorney first or after. It appeared to me the attorneys who "interviewed" for this NEW position were in the dark as to what exactly they were being hired to do. Logic would dictate the client would meet with THEIR attorney FIRST and discuss concerns and desires for potential outcomes of whatever it is you are about to embark on. It was clear there was a haste in desire to DO, without regard for clearly identifying what it is the attorney is to do.

In a vacuum and lacking transparency and open governance, we are left to speculation and questions. But, as long as the person holding the gavel is driving the agenda, that will not change. Looking forward, who is there to take the gavel and lead this district?