Union sues Vallejo school district over alleged open meeting violation

VALLEJO – The Vallejo City Unified School District’s largest employee union filed a lawsuit against the district for allegedly violating a state open meeting law by rejecting a union agreement in a private meeting.

The lawsuit, which was filed by the California School Employees Association in in Solano County Superior Court earlier this month, alleges that the district violated the Brown Act, a state law which requires local public agencies to discuss matters in public, and bans discussion by the majority of a legislative body outside of public view except for certain exempt private matters, which are discussed in private closed session meetings.

CSEA said that by rejecting the agreement outside of public view, the district concealed “from public scrutiny important matters concerning labor relations, staff layoffs, service reductions, and the District’s compliance with the education code and its collective bargaining agreements.”

District spokesperson Celina Baguiao told the Vallejo Sun in an email that the district couldn’t respond to the lawsuit’s allegations because it hasn’t been served, and therefore, “has not had the opportunity to review the filings.” Baguiao also said, however, that the union had accused the district of violating the Brown Act in a letter last month, and that district attorneys determined that no violation had occurred.

“VCUSD remains committed to conducting its business in accordance with all applicable laws and to maintaining transparency and accountability in its governance practices,” Baguiao said. “Once the lawsuit is received and reviewed, the district will evaluate the claims and respond through the appropriate legal process.”

The allegations stem from a tentative agreement regarding layoffs that CSEA reached with the district in September. CSEA said that during a labor bargaining session on March 17, Assistant Superintendent Matthew Chamberlain told union leaders that the board had rejected the agreement during a March 10 meeting. In late March, Chamberlain sent a letter to the union which also stated that, in closed session, the board advised him to reject the agreement.

The agreement stipulated that if the district laid off a manager, the manager couldn’t then be rehired to do CSEA union work.

In a letter to CSEA in May, Vallejo Board of Education President Glenn Amboy claimed the board’s actions in closed session didn’t violate the Brown Act, saying that it “was not required to approve or disapprove” the agreement, and instead “operated within its discretion to provide Mr. Chamberlain with direction to return to the table to negotiate different terms and conditions” for the agreement.

But David Loy, legal director of the First Amendment Coalition and an expert on the Brown Act, told the Vallejo Sun that whether the board officially voted on the matter or not, simply talking about issues which must be considered in public violates California law.

“Even if the board merely discussed a matter in closed session without taking a vote, that would violate the Brown Act if the board was not authorized to have that discussion in closed session,” Loy said.

CSEA also asserts that the district and its board violated the Brown Act by not agendizing the board’s action. The Brown Act requires all matters discussed in closed session to be listed on a public agenda 72 hours before they are considered, and any action taken be summarized in open session. But that didn’t happen.

CSEA alleges that by discussing the rejection or the labor agreement in private and not informing the public about its decision, the board deprived the public of its ability to give comment or understand how its elected representatives acted.

“Public agency labor relations and the board’s compliance with the education code and its collective bargaining agreements are weighty matters of public concern which community members have a right to be informed of and provide comment regarding,” CSEA stated in court filings.

The lawsuit is the second time in recent months that CSEA has accused the district of violating the Brown Act. 

In March, the union formally accused the district of violating the act after the Vallejo Sun reported text messages between Amboy and Superintendent Rubén Aurelio appeared to show that board members discussed school closures during a closed session meeting shortly before voting to close three schools in December. 

The district denied it violated the law but agreed to re-voted on the matter publicly. It affirmed its original decision during the revote.

The board also voted to lay off 51 CSEA members, demote 39, and transfer jobs for 36 members on May 13.

CSEA has asked the court to order the district to declare the rejection of the agreement null and void, meaning that the board would have to reconsider the matter in public if it wants to reject the agreement. 

Additionally, the union requested the court to take a prophylactic measure to prevent future Brown Act violations from occurring by requiring the district to record audio of closed session meetings for three years.

A hearing is set on the case for Aug. 17.