Castaniada tenders resignation to Soquel school board

Castaniada tenders resignation to Soquel school board

Henry Castaniada 

By Calvin Men, Santa Cruz Sentinel

POSTED: 06/17/15, 9:21 PM PDT | UPDATED: 2 HRS AGO

4 COMMENTS

CAPITOLA >> Henry Castaniada, Soquel Union Elementary School District’s superintendent who has been the target of teacher and parent discontent, announced he will leave the district after the 2015-16 school year.

“It has been a good journey. It has been exciting,” Castaniada said. “I appreciate the opportunity.”

Castaniada’s resignation at Wednesday’s school board meeting started off a blockbuster night for the district that included an end to teacher salary negotiations, a public acknowledgment of an effort to recall school board members and accusations that the board violated the Brown Act.

Castaniada’s announcement in front of a crowd of more than 50 parents and teachers drew applause from the crowd. Castaniada’s resignation comes after four years on the job, months of tense salary negotiations with teachers and a 96 percent vote of no confidence by teachers in March.

The resignation came after the board publicly applauded Castaniada’s performance while it announced the results of his evaluation.

“Overall, this board is pleased with the current direction of the district,” said Phil Rodriguez, president of the board.

The board also approved a tentative contract agreement with the Soquel Education Association, giving teachers a 3 percent raise across the board as well as granting them a $96 per month increase in their health and welfare cap. The salary increase is retroactive to July 1, giving teachers pay that averages out to $2,107, according to Harley Robert, assistant superintendent for business services.

Also part of the negotiation is that the district and teachers will begin salary negotiations in September instead of January.

Michelle Bell, co-president of the teachers union, said the district still needs a big changes and implored the board to learn from the year’s events.

“I hope you will learn to never not respond again,” she said.

She added that the teachers and parents do not believe there is a need for a strong public presence at the board meetings.

“We will work to find board members and we will work to find people who will change and work with us,” said Michelle Bell, co-president of the teacher union.

The comment comes against the backdrop of efforts to recall one or more members of the school board. A survey asking voters about an interest in a recall election was sent out May 27.

Also part of the session was the acceptance of the expulsion cases regarding five students who face expulsion after they were arrested when they allegedly sent messages to one another about shooting other students and a teacher. It’s unclear what the action meant for the students.

Before the board accepted the cases, Chis Hadland, co-president of Main Street Elementary’s parent club, accused the board of violating the Brown Act by discussing Castaniada’s salary in closed session.

“The Brown Act requires that any discussion about compensation for an employee (such as the superintendent) only take place in open session. The mere discussion about compensation in closed session is a violation of the Brown Act,” Hadland said.

Leila Knox, an attorney with the First Amendment Coalition, said the law is nuanced.

“In general, behind closed doors, everything that a legislative body can decide based on a public employees performance, whether they are entitled to a raise or an additional perk,” said Knox, first amendment attorney for the First Amendment Coalition. “But once they start to tread into the details of what amount that will be, that should be discussed in open session.”

In other business, the board approved the 2015-16 budget for the school district.

http://www.santacruzsentinel.com/social-affairs/20150617/castaniada-tenders-resignation-to-soquel-school-board#comment-2085343524

Preemptive warning to Board about Brown Act violations

June 17^th, 2015

I have prepared my statement in written form tonight so that there is no confusion as to what I intend to say.

The introduction to the Brown Act states in part:

The people of this State do not yield their sovereignty to the agencies which serve them. The people, in delegating authority, do not give their public servants the right to decide what is good for the people to know and what is not good for them to know. The people insist on remaining informed so that they may retain control over the instruments they have created.

I’d like to comment on a few procedural items regarding the closed session for the Board meeting tonight.

Item 2A

First, I have no interest in knowing the details of the expulsion matter. I realize that the whole thing is a very serious matter. My only interest is that the law is followed. If it is the intention of the Board to hold a vote to expel students in closed session, I’d like it made known that it may be a violation of the Education Code and the Brown Act to do so. I do not know what the Board’s intention is, but it is possible that the Board includes the intention to hold a final action in regard to this matter.

The Education Code permits this Board to hold the hearing in closed session, just not a vote to expel a student. The Districts own AR 5144.1 also states a similarly worded statement. I’d like to also mention that section 48918(g) of the Education Code requires the hearing to be recorded.

The Brown Act only protects the action of a board to affect employment of an employee during closed session, not affect the status of a student.

Education code 48918(j) states:

Whether an expulsion hearing is conducted by the governing board of the school district or before a hearing officer or administrative panel, final action to expel a pupil shall be taken only by the governing board of the school district in a public session.

Government Code 54953(a) states:

 All meetings of the legislative body of a local agency shall be open and public, and all persons shall be permitted to attend any meeting of the legislative body of a local agency, except as otherwise provided in this chapter.

Government Code 54957.1(a)(5) states in part:

Action taken to appoint, employ, dismiss, accept the resignation of, or otherwise affect the employment status of a public employee in closed session pursuant to Section 54957 shall be reported at the public meeting during which the closed session is held.

Item2B

The Brown act requires that the name of the Agency Representative be named. Not the title. The name.

Government Code 54954.5(f) states: 

(f) With respect to every item of business to be discussed in closed session pursuant to Section 54957.6:

   CONFERENCE WITH LABOR NEGOTIATORS

   Agency designated representatives: (Specify names of designated representatives attending the closed session) (If circumstances necessitate the absence of a specified designated representative, an agent or designee may participate in place of the absent representative so long as the name of the agent or designee is announced at an open session held prior to the closed session.)

Item 2C

The Brown Act requires that any discussion about compensation for an employee (such as the superintendent) only take place in open session. The mere discussion about compensation in closed session is a violation of the Brown Act.

(San Diego Union v. City Counsel, 1983)

Government Code 54957(b)(4) states in part:

Closed sessions held pursuant to this subdivision shall not include discussion or action on proposed compensation except for a reduction of compensation that results from the imposition of discipline.

I ask you to please conduct the people’s business in an open manner consistent with the law.

Government Code 54959 states:

Each member of a legislative body who attends a meeting of that legislative body where action is taken in violation of any provision of this chapter, and where the member intends to deprive the public of information to which the member knows or has reason to know the public is entitled under this chapter, is guilty of a misdemeanor.

Chris Hadland

Third FOIA request after two previous FOIA requests not complied with

Christin Hadland

1112 Sutherland lane #3
Capitola, CA 95010

May 22^nd , 2015

Mr. Harley Robertson

Assistant Superintendent, Business Services
Soquel Union Elementary School District
620 Monterey Ave

Capitola, California, 95010

Dear Mr. Harley Robertson:

Under the California Public Records Act § 6250 et seq., I am requesting an opportunity to inspect and obtain copies of public records between the period of July 1^st, 2003 to present that show (1) General Ledger level data (debits, credits and corresponding memos) of all donations given to the SUESD by the nonprofit organization known as the Soquel Elementary Home & School Club, (2) the General Ledger level data (debits, credits and corresponding memos) of accounts those donations were received into, transferred to, or transferred from, and (3) any and all transactions within those accounts during the time frame specified above.

This should include but not be limited to, all donations from Soquel Elementary Home & School Club from July 1^st to present, as well as all offsetting entries on accounts those donations were made to and any other entries made to or from those same accounts from other sources. 

If there are any fees for searching or copying these records, please inform me if the cost will exceed $100.00. However, I would also like to request a waiver of all fees in that the disclosure of the requested information is in the public interest and will contribute significantly to the public’s understanding of the relationship between the non-profit organizations that donate to the Soquel Union Elementary School District’s schools and the Soquel Union Elementary School District itself. This information is not being sought for commercial purposes.

The California Public Records Act requires a response within ten business days.  If access to the records I am requesting will take longer, please contact me in writing in regards to when I might expect to be able to inspect and obtain copies of the requested records. I look forward to full compliance with the intent of the California Public Records Act by receiving access to the documents in a timely manner.

If any of this request is denied, please cite each specific exemption you feel justifies the refusal to release the information and notify me of the appeal procedures available to me under the law.

Thank you for considering my request.

Sincerely,

Christin Hadland

831 840-0194

chris_hadland@hotmail.com

Disrespect of Teachers

Soquel school board president shows no respect

I am ashamed at how Phil Rodriguez, president of the Soquel Union Elementary School District, completely ignored the teacher who spoke near the end of the meeting on Wednesday night, regarding the white-washing of the board minutes. As soon as he starting speaking, Rodriguez picked up his cell phone and played with it the whole time he was talking. I would expect that from a seventh- or eighth-grader, not from a grown man. That teacher should have walked over and taken your cell phone away and locked it in a desk drawer until after class. Rodriguez demands speakers address the president of the board, but he shows absolutely no respect to those speaking.

— Chris Hadland, Capitola

http://www.santacruzsentinel.com/opinion/20150522/letters-may-23-2015-countys-anti-cultivation-law-being-misapplied

Vote "NO CONFIDENCE"

Soquel Union teachers vote no confidence in superintendent

By Calvin Men, Santa Cruz Sentinel

POSTED: 04/07/15, 5:13 PM PDT |

CAPITOLA >>

Teachers in the Soquel Union Elementary School District voted “no confidence” in the district’s superintendent, citing a lack of communication and respect for teachers.

Roughly 96 percent of the Soquel Education Association voted no confidence in Superintendent Henry Castaniada’s leadership on March 25.

“This vote of no confidence is a drastic measure,” said Ashley Edgar, president of the association, which represents the teachers. “It’s not a measure that we take any gratification from. It’s not a happy time. This is primarily due to the level of frustration.”

Castaniada said the no confidence vote was news to him. The district and the association are in negotiations for teacher salary.

“We had one session, it went well. We had three other sessions that are potential negotiation dates,” Castaniada said.

Phil Rodriguez, president of the board of trustees, said he was also caught off guard by the news but added that the association would bring it up eventually.

“I would guess that at some point in time, the SEA will advise us about this. Without knowing the context, I have no opinion,” Rodriguez said.

At the heart of the association’s frustration with Castaniada is the perception that he doesn’t represent the best interests of the teachers and the students. Teachers hadn’t seen a salary increase since 2008, Edgar said. In 2014, when the teachers negotiated for a 3.5 percent salary increase, they were asked to work additional hours. The caveat to the deal was seen as unjust given that teachers went without a salary increase to keep class sizes manageable.

“We repeatedly ask Mr. Castaniada to advocate for us with the board,” Edgar said. “Teachers felt like they haven’t been made a budgetary priority.”

The no confidence vote also comes during amid months of angry parents taking umbrage over what they deem is a lack of communication over district policy.

Adding fuel to the frustration, Castaniada’s contract was recently renewed through 2018 by the board with a 15 percent increase in his base salary among other changes.

“I think what they were trying to say is they wished the board looked at all the priorities in the district and looked at those priorities closest to the classroom,” said Susan Midori Jones, a labor representative from the California Teachers Association. “Hiring more teachers to reduce class size before deciding to reward people who were further from the classroom.”

With the vote, the association aims to create dialogue with Castaniada and the board.

“We’d like to see the board and the superintendent react in a way that would be constructive as to what we want. How did things go wrong and how can we not have a year like this again?” Edgar said.

Freedom Of Information Act ---- *** DENIED ****

SOQUEL UNION ELEMENTARY SCHOOL DISTRICT

February 10,2015

Mr. Christin Hadland


Re: Public Records Act Request

Dear Mr. Hadland:
We are in receipt of your two requests, both dated and received on February 2, 2015,
for specified records of the Soquel Union Elementary School District ("District").
We take our responsibilities as guardians of the public's information seriously, and
we will make our best efforts to respond to your request within the limits of the
Public Records Act (Gov. Code, §§ 6250, et seq.). Accordingly, please be advised of
the following with respect to your requests for District records.
In one of your February 2, 2015 letters ("Request Number I"), you request "the
document referred to by Superintendent Benry Castaniada, during the December
[District] meeting," from the District's legal counsel "in relation to school connected
organizations." The District is unable to comply with your request because the
requested documents are exempt from disclosure under Government Code section
6254, subdivision (k) and Evidence Code sections 950 et seq. because they fall within
the attorney-client privilege.
With respect to your second letter of February 2, 2015 ("Request Number 2"), you
have requested records "between Friends of Main Street and the [District], that
pertain to the School Connected Organization form, known as Exhibit 1230 as found
on the [District's] website in the Board Policies series 1000, Community Relations,
section." In order to ensure that we have provided you the requested information, it
would be helpful if you would provide more specificity to a period of time regarding
your Public Records Act request. The requested document(s) will be made available
to you once we have had a reasonable time to locate and duplicate those document(s),
provided such document(s) exist and are subject to disclosure. Document related to
your Request Number 2 may not be subject to disclosure to the extent exempted
under the Public Records Act, including, but not limited to, (i) personnel, medical or
similar files, the disclosure of which would constitute an invasion of personal privacy
(Gov. Code, § 6254(c)), (ii) preliminary drafts and notes not ordinarily retained in the
course of business (Gov. Code, §6254(a)), as well as student records not subject to
disclosure under California and Federal law.
www.soqueldo.santacruz.k12.ca.us
Public Record Acts Request: C. Hadland
February 10,2015
Page 2
We will make all reasonable efforts to provide the requested document(s) to you in a manner
consistent with the Public Records Act by no later than February 25, 2015, provided that we will
timely notify you if this is not possible. As a condition to receiving the document(s), you will be
responsible for reimbursing the District for its direct costs incurred in duplicating the
document(s). Pursuant to Government Code section 6253(d), please be advised that I,
Superintendent Henry Castaniada, am the person responsible for the partial denial of your
request.
Sincerely,

Henry Castaniada
Superintendent
--
www.soqueldo.santacruz.k12.ca.us

Freedom of Information Act request

Christin Hadland

1112 Sutherland lane #3
Capitola, CA 95010

February 2^nd, 2015

Henry Castaniada
Superintendent
Soquel Union Elementary School District
620 Monterey Ave

Capitola, California, 95010

Dear Henry Castaniada:

Under the California Public Records Act § 6250 et seq., I am requesting an opportunity to obtain copies of the document that was referred to by Superintendent  Henry Castaniada, during the December Soquel Union Elementary School District meeting. The reference was about a document that had just arrived from the school attorneys, that day at 4:00pm, and was in relation to school connected organizations.

If there are any fees for searching or copying these records, please inform me of the cost.  However, I would also like to request a waiver of all fees in that the disclosure of the requested information is in the public interest and will contribute significantly to the public’s understanding of the relationship between the non-profit organization Friends of Main Street and the Soquel Union Elementary School District. This information is not being sought for commercial purposes.

The California Public Records Act requires a response within ten business days.  If access to the records I am requesting will take longer, please contact me with information about when I might expect copies or the ability to inspect the requested records.

If you deny any or all of this request, please cite each specific exemption you feel justifies the refusal to release the information and notify me of the appeal procedures available to me under the law.

Thank you for considering my request.

Sincerely,

Christin Hadland

831 840-0194

chris_hadland@hotmail.com