VUSDBrownActViolation

October 17, 2008
Silvia Peters
(760) 941-5924

Jim Gibson
Chairman of the Board of Trustees
Steve Lilly: Vice Chair
Stephen Guffanti: Clerk,
Carol Weiss Herrera: Secretary
David Hubbard member
Board of Trustees
Joyce Bales: Superintendent
Vista Unified School District
1234 Arcadia Ave.
Vista CA 92084
(760) 726-2170

            Re: Cure and Correct California Ralph M. Brown Act Violations.

Dear Chairman Gibson,

This letter is to call your attention to what I believe were substantial violations of
central provisions of the Ralph M. Brown Act.

The natures of the violations are as follows:

On October 16, 2008 I attended a meeting of the Vista Unified
School District Board of Trustees “VUSD.” I pulled a card to
speak on Agenda Action Item 13.

(Item 13 was Student Support Services, Section D. Approve Guajome Park
Academy’s Staff and Board Recommendations for Expulsion of Cases
Numbered W-14-2008/09 and W-18-2—8/09 & W-19-2008/09.)

When Chairman Gibson called my name to the podium, I began to
speak for about 60 seconds before Board Member David Hubbard
abruptly interrupted me. He asked what my comment had to do
with expulsion. I said, that I was commenting on expulsions.
Before Board Member Hubbard abruptly interrupted me I had just
read VUSD’S Board Policy No. 5013 “Suspension and Expulsions,”
Section (3), which read: “It is the intent of the Board of Education
that its policies and regulations be consistent with current law.
Any part of this policy, which is not consistent with current law,
shall be void.”

I asked whether VUSD knew if Guajome Park Academy had
policies for expulsions? If they knew what those policies were?
If the policies were allied with California law and If Guajome
Park Academy had a legitimate Expulsion Board?

Board Member Hubbard asked what does this have to do with
Section “C.” and that Section C had to do with Readmission of
Students who have been expelled from other school districts?
Board Member Hubbard told me that I had pulled a card for
“Section C.” Board Member Hubbard said we have already
ratified the item and you cannot speak on it any more. President
of the Board Gibson agreed. They both insisted that I had pulled
the card for Section C.

If in fact I had pulled the card for Section C then why would the
VUSD Board ratify Section D before Section C?

I have addressed the issue of VUSD Board Member David Hubbard rude and abrupt
interruptions, when I have attempted to speak on the Vista Unified School District
Board of Trustees Meetings for many years.

I have addressed this same issue with regulatory agencies. Board Member David
Hubbard has continued this illegal conduct with complete disregard of California State
Open Meeting Laws. David Hubbard as Board Member and attorney has given VUSD
legal advice that is contrary to the law for over twelve years. David Hubbard
conspired with former superintendent Dave Cowles to defraud the public, students
and parents of the Vista Unified School District; with distorted legal advised and
recommendations that have bankrupt the Vista Unified School District for over twelve
years.

The Vista Unified School Board Members need to be reminded that the people of the
state of California have the right to criticize the policies, procedures, programs, or
services of the agency, or of the acts or omissions of the legislative body. Baca v.
Moreno Valley Unified School District (1996) 936 F.Supp. 719.

“Thus, under the California Constitution, District’s Board may not censor speech by
prohibiting citizens from speaking, even if their speech is, or may be, defamatory.”
(at pg. 727)

The action to censor my First Amendment Right to Speak by this Board not only
violates the State Constitution, but it is also contrary to the Brown Act. This is
primary the reason why David Hubbard and the entire Vista Unified School District
Board of Trustees has and will continue to have a Permanent Injunction (See also
Leventhal v. Vista Unified School District (1997) 973 F.Supp. 951)

The Ralph M. Brown Act (Government Code §54950 et seq.) provides that the public
has a right to address the VUSD School Board on any matter on the agenda of the
VUSD School Board Meeting before action is taken on that item (Government Code
§54954.3), (Section C comes before Section D) and to also address the VUSD School
Board on any subject within the subject matter jurisdiction of the VUSD School Board
Meetings that is, on subjects for which the VUSD School Board has some ability to
take action (Government Code §54954.3).

The censoring of my First Amendment Right to Speak is a violation of my right
publicly to share my criticisms of school board policies with the VUSD Board of
Trustees and concerned community members pursuant to California Government
Code section 54954.3, a code section found in California's open meeting law,
commonly known as the Ralph M Brown Act). Cal.Govt.Code, §§ 54950 et seq.

As I have informed you before on many letters sent to the entire Vista Unified School
District Board of Trustees:

The Vista Unified School District has constantly been informed by community
members of its pervasive Brown Act violations and continues to ignore the public’s
request for open government, transparency and accountability. If by any chance you
did not read the prior letters, I will repeat once again the Vista Unified School District
and every Member of the Board of Trustees has a permanent injunction in respect to
Brown Act violations in the United States Court for the Southern District of California
in the universally known and quoted Leventhal v. Vista Unified School District.,
School Board President David Hubbard, in his Official Capacity, et al., Defendants.
973 F. Supp. 951 (1997)

Therefore, pursuant to provisions (Government Code Section 54960.1.), I demand
that the Vista Unified School District Board of Trustees cure and correct the illegally
taken actions mentioned above.

As a consequence, I am giving you a final formal written demand letter (§ 54960.1(c)
(1); County of Del Norte v. City of Crescent City (1999) 71 Cal.App.4th 965, 978;
Bell v. Vista Unified School Dist.(2000) 82 Cal.App.4th 672, 684.)

In addition:

I suggest that you take the advice from a true professional instead of Board Member
Hubbard. Including a crash course on the California Ralph M. Brown Act for all the
members of the Vista Unified School District Board of Trustees panel. So as to
enhance your further involvement as representatives of the California Ralph Brown
Act. Subsequently, that you may develop a deeper understanding of members of the
public rights to attend and participate in public meetings that should be open for
public participation for all members of the community. [Government Code Section
54954.3. (a)]

A crash course on open and public meeting law as based on the Ralph M. Brown Act
for all VUSD Members of the Board of Trustees and VUSD subcommittees.
[Government Code Section 54950., 54950.5. 54952.] May I suggest at minimally
that VUSD subcommittee panel members be provided with a current copy of the
Brown Act [Government Code Section 54952.7]. Due to the multiple roles the panel
members hold with other VUSD subcommittee assignments and other public agencies,
perhaps a workshop presentation by Terry Franke from The Californians Aware.
2218 Homewood Way Carmichael, CA 95608 Phone: 916-487-7000 Fax: 916-487-
7999 would better serve your efforts of compliance with the law as well as to ensure
and protect the community's rights to bring forward public criticism of policies,
procedures, programs, or services. The Californians Aware organization is considered
the experts in the area of open meeting laws, public record law, and First
Amendment.

As Government Code section 54950 "Declaration of Intent" indicates:

"The people of the state (Vista Unified School District Board of Trustees) 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."

As provided by Section 54960.1 you have 30 days from the receipt of this demand to
either cure or correct the challenged actions or inform me of your decision not to do
so. If you fail to cure or correct as demanded, such inaction may leave me no
recourse but to seek a judicial invalidation of the challenged actions pursuant to
Section 54960.1, in which case I would seek the award of court costs and reasonable
attorney fees pursuant to Section 54960.5.

Respectfully yours,

                                  Silvia Peters