Serving on a Board of Education can sometimes lead to difficult issues about a fellow Board members. One of the most likely issues is related to residency requirements challenges that lead to a bizzare set of events. Even more bizarre is the unique circumstance when a prison inmate won a school board election. Then there is the case of a former employee who signed an agreement not in work in school district who elected to the school board. Is a school member considered a District employee? Of course, you can just attempt to extort money using your position as a Board member.
By Leezel Tanglao, The Press-Enterprise, December 14, 2005
HOMELAND - Two of the three candidates elected to seats on the Romoland School District board last month were sworn into office Tuesday night, but it was the third trustee-elect, the one who could not attend the board meeting, who attracted the most attention.
Randy L. Hale couldn't take the oath of office with Cindy Bohn and Gerard "Gary" Reller because he still is an inmate at the California Institution for Men in Chino, where he has been serving time for a parole violation since Sept. 21.
Even if Hale had attended the meeting Tuesday, school district attorneys said he could not have been sworn in because he was not eligible for election or for a seat on the board.
But he still was provided a seat at the board's table, complete with a nameplate that read "Randy L. Hale."
In their first public meeting since Hale was elected Nov. 8, school district trustees and their attorneys, Jack Clarke Jr. and Cathy Holmes, discussed what steps to follow to keep Hale off the five-member board.
More than 40 spectators filled the room and watched as the board chose to contest the election, which will lead to a replacement through a special election or by appointment.
But first, the trustees will ask Hale to resign the post. If he agrees, they will declare the seat vacant and will have 60 days either to schedule a new election or to fill the post by appointment.
"We take elections seriously," said Romoland Superintendent Roland Skumawitz. "We don't take anything lightly. It's important we do everything legally."
Clarke said the next step is to contact Hale by corresponding with him in the corrections center as soon as possible.
If Hale refuses to resign, the district can contest the election and file a lawsuit asking the court to decide Hale's election status. That would likely lead to a new election or appointment after a judgment is made. The district's attorneys said the legal costs of filing a suit could be $2,000 to $3,500.
Court records show that Hale has convictions for robbery, burglary, domestic abuse and drug possession that date back to the mid-1980s. He was sent back to prison in September because he had failed to report to his probation officer, according to California Department of Corrections records. His prison term expires Feb. 15.
Despite his convictions, Hale registered to vote and filed for election on Aug. 10. Two months later, he collected 974 votes, enough to win the third of three vacant seats on the school board.
According to state law, anyone who is on parole for a felony conviction cannot register to vote.
In a letter to the school district written two days after the election, Hale insisted that he did not intend to deceive the district by signing his voter registration form. He added that when he asked a clerk at the registrar of voters' office about his background, he was told there would be "no problem" with the registration.
Among those attending the meeting Tuesday was Hale's wife, Penny, who said her husband still should be able to serve on the board.
"I don't know how they could even try to decide something without talking to (Randy) first," Penny Hale said. "He can't even defend himself here. He won fair and square, and he didn't lie about anything."
Clarke confirmed before the meeting that Hale is under investigation by the California Election Fraud Investigation Unit.
Also attending the meeting Tuesday was Bob Spradlin, 64, of Homeland, who served on the board 27 years before losing his seat in the 2001 election.
"I'm interested in making sure the board makes the right decision," Spradlin said before the meeting. He added that trustees should already be interviewing candidates to take the vacant seat.
Still interested in serving on the board is Christina Wilking-Gervais. She said the board made the right decision and she wanted to learn more about how the board could appoint a replacement. She added that if an individual is needed to contest the election, she will step forward.
Others offered varying reasons for attending the meeting.
Bob Duke, 72, of Romoland, said he "came to see the fireworks," while Angela Knox of Perris, whose five children attend school in the Romoland district, said Hale should not have a seat on the board because he is a felon who would "be representing our children."
Options
Declare a Vacancy: If Hale agrees to resign, his seat will be declared vacant. According to the California Education Code, the school board has 60 days after a board vacancy occurs to order an election or to make a provisional appointment.
Contest the Election: If Hale refuses to resign, an election contest would challenge his eligibility to hold office. If the court annuls Hale's election, a vacancy would be created on the board and then a special election could be held or an appointment made.
options ALSO considered,
BUT rejected:
File a quo warranto application. Taking its name from a Latin term that means "by what authority?," a quo warranto action is filed to remove a person from public office. Individuals and private parties or entities can file a quo warranto application with the state attorney general's office against anyone who holds a public office unlawfully.
Wait for the results of ongoing investigations before taking any further action.
By Stephen Clark, Los Angeles Times, February 24 2006
A Hawthorne school board member is threatening to sue Los Angeles County, alleging that investigators for the district attorney placed a tracking device under his wife's car that caused it to burst into flames.
Frank DeSimone, 31, who has been publicly accused by a fellow board member of illegally living outside his district, filed a claim against the county last week as a prelude to a possible lawsuit.
DeSimone, who has served on the Hawthorne school board since he was 20, was being investigated by the district attorney's public integrity division when the tracking device was allegedly placed.
According to the claim, which the county has 45 days to accept or deny, DeSimone's wife's 2003 Lexus "burst into flames" in late January in the attached garage of her home. The fire set off a smoke alarm and his wife called 911 while DeSimone tried to put out the flames with a fire extinguisher. But the flames persisted.
DeSimone was able to roll the car out of the garage before the car became engulfed.
Firefighters arrived minutes later and put out the fire.
"It's fortunate the family wasn't incinerated," said Mark Werksman, DeSimone's attorney. "We want to get to the bottom of it and find out what went wrong with the device. This is a witch hunt and they almost burned him at the stake."
DeSimone's wife, Jennifer Salas, and their 8-month-old son live in Cypress, about 24 miles away in Orange County. DeSimone says he stays in Cypress part time and lives with his parents in Hawthorne. When asked by The Times during a three-way call how much time he spends in Cypress, DeSimone was advised by his lawyer not to answer because of the investigation.
Dist. Atty. Steve Cooley's office and Hawthorne police confirm that search warrants were executed at DeSimone's house in Hawthorne and in Cypress on the same day but wouldn't comment further.
State law requires school board members to live in the district they are elected to represent. An official who lives outside his district could be stripped of his seat and be charged with defrauding voters. If convicted, an official could be sentenced to three years or more in state prison, said David Demerjian, head deputy of the public integrity division.
Born and raised in Hawthorne, a city of 90,000 near Los Angeles International Airport, DeSimone is the youngest person to serve on the five-member board. The entertainment consultant, first elected in 1995, said he wanted to give back to his community. Board members, who get a stipend of about $2,600 a year, praised DeSimone for his intellect, ability and passion for children.
"He's bright, capable and cares about the children in this community," Hawthorne School District Supt. Donald Carrington said.
DeSimone, who was married in August 2004, said his wife owned a home in Cypress. Property records show that she purchased it a month before the wedding. Board members said they were not informed of his marriage.
"When I got married, I wanted the whole world to know," said Hawthorne school board President Cristina Chiappe. "So why would I hide it?"
The issue of DeSimone's residence was raised at a school board meeting in October that turned into a showdown when then-board member Shirley Duff accused DeSimone of living outside the 10,000-student school district and hiding the fact that he was married with a child.
DeSimone said he did live in Hawthorne and invited Duff to his home to discuss the matter. But the Daily Breeze newspaper reported that DeSimone denied having a wife and child when asked by a reporter at the conclusion of the meeting.
Though many — including Carrington — say they were not aware of DeSimone's family before that meeting, DeSimone denies keeping his family a secret.
Meanwhile, investigators are trying to determine whether DeSimone has broken the law.
It is not clear when the investigation began but it apparently took a bizarre turn Jan. 29, two days after investigators searched the homes of DeSimone and Salas.
The Orange County Fire Authority said the fire in Salas' car started in the engine compartment but did not mention a tracking device. The report listed the cause as undetermined and estimated the property damage at $10,000.
DeSimone's claim, however, estimates damages at $50,000 and says that the family suffered smoke inhalation and that DeSimone was admitted to a local hospital the next day for an irregular heartbeat.
The claim blames an ST801 Guardian GPS vehicle tracking device made by Orion Electronics Ltd. of Canada as the probable cause of fire. DeSimone filed a lawsuit against Orion last week. Paul Sangster, vice president of Orion Electronics, declined to comment on the device or on the company.
Bill Ussery, product communications manager for Lexus, said a tracking device could cause a car fire if it were incorrectly wired to the vehicle's engine.
Salas' insurer, Mercury Insurance Group, is investigating but declined to comment.
Werksman said Deputy Dist. Atty. Max Huntsman apologized for the incident and investigators removed the tracking device.
Werksman questioned the judgment of the district attorney's office in what he called a "trivial investigation" of DeSimone. "He's not a drug dealer. He's not a member of an Al Qaeda cell," Werksman said. "It's a residency issue."
Huntsman declined to comment on the probe but agreed to talk about residency investigations in general. He wouldn't call them trivial, explaining that they can uncover more serious crimes such as perjury.
Despite the investigation, DeSimone says he wants to stay on the board. Asked if he had considered running for the school board in Cypress, he said, "I never even gave it a thought. I grew up in Hawthorne, and that's where my heart is."
By Anne Krueger, San Diego Union Tribune, December 7, 2006
Teacher Fred Kamper resigned from the Mountain Empire Unified School District in June after he was accused of inappropriately touching a 9-year-old girl in his class.
Next week, Kamper will return to the backcountry district as a newly elected member of its school board.
Kamper, a Mountain Empire employee for 26 years, has a long history of lawsuits and disciplinary actions. With his election, attorneys for the district are studying whether he's eligible to serve on the board.
Kamper, 56, did not return phone calls from a reporter, and has previously said he is not allowed to talk about litigation. Superintendent Patrick Judd declined to comment.
The Mountain Empire district covers 665 square miles of East County's backcountry. It has about 1,750 students attending six elementary schools, a middle and high school, and four alternative schools.
Attorneys for the district are studying whether Kamper's service on the board would violate a resignation agreement requiring him to quit all district committees and organizations. He also agreed not to be a district employee or consultant.
Kamper agreed to resign from his job at Clover Flat Elementary School after he was named in a lawsuit filed by parents of a girl in his math class. According to the lawsuit, the girl felt uncomfortable because Kamper made her sit on his lap, touched and stroked her thighs, hugged her and rubbed her hand.
Sheriff's detectives said they submitted a charge of misdemeanor child molestation to the District Attorney's Office, but prosecutors declined to pursue the case.
The civil suit was settled in August, with the school district paying $30,000 to the girl's family.
In a campaign mailer sent to voters just before the election, Kamper said he was the subject of false accusations. He said he stopped teaching for financial reasons, and he couldn't afford to fight the lawsuit.
“This would have financially buried my family,” Kamper's mailer stated. “I could not let this happen to my wife and children.”
Along with Kamper, park ranger Beryl Buchanan and sheriff's Deputy Danny Nunez were elected to the seven-member board. Kenneth Northcote, a board member for 12 years, was re-elected.
Davis, Kamper's election opponent, said he believes Kamper ran for the board to avenge the loss of his job.
“Mr. Kamper will be a thorn in the superintendent's side,” Davis said.
Davis was a board member for 16 years until he lost in 2002. Board member Trina Ambrose said she thought voters favored Kamper because they didn't want Davis back on the board.
“I just don't think people wanted more of the same from Ralph Davis,” Ambrose said.
Northcote declined to comment, and other board members did not return phone calls.
Despite Kamper's decisive win, several area residents said they were disturbed that he is slated to join the school board.
“From what I've heard, I don't think he should be around children,” said Tom Lindenmeyer of Jacumba.
Jim Blanks, whose 10-year-old son attends Clover Flat school, said he voted against Kamper after learning of the allegations from a news report.
“In a school situation, even if it's not true, there's just too much of that going around,” he said. “But if he's innocent, I hate to see anybody suffer.”
The San Diego Union-Tribune obtained a copy of Kamper's resignation agreement after filing a public records request. The agreement noted that Kamper contested the allegations but agreed to resign.
The agreement said the district had already reported the incident to the state agency that governs teacher credentialing. Kamper still has a valid teaching credential. A spokeswoman for the agency said she could not comment.
The incident that led to Kamper's resignation is the latest in a lengthy history since he began working in the Mountain Empire district in 1980.
In 1987, Kamper, then-principal of Mountain Empire High School, was charged with two misdemeanor counts of child molestation, one count of indecent exposure and one count of simple battery.
The case fell apart when it went to trial. A judge threw out two charges and jurors acquitted him of the others. Some jurors wondered why the case ever went to court.
One count alleged that Kamper licked a 17-year-old girl's arm, although he said his lips accidentally brushed against her. Another charge involved his allegedly making a suggestive comment to a group of girls, and a third alleged that he exposed himself to his secretary when she entered a men's restroom looking for him.
After the acquittals, Kamper was demoted from principal to a math teacher at the junior high school.
Kamper filed a lawsuit in federal court against the school district and the sheriff's deputy who investigated his case. The school district settled before trial, but jurors rejected Kamper's claim that the deputy violated his civil rights.
Kamper again came to the attention of district officials in 1995, when he was suspended after a search for drugs on two boys at the high school, who were ordered to drop their pants and allow Kamper to pat their shorts.
District officials said the search was improper. Kamper received a strong reprimand, but said he was told to conduct the search by the school's acting principal. The principal was fired as a result.
Kamper was then transferred from Mountain Empire High School to Jacumba Elementary School. Kamper claimed the transfer occurred because he was active in the teacher's union; the school district said the funding for his job at the high school had run out.
Kamper successfully appealed to the state Public Employment Relations Board, which ruled that the transfer was retaliatory. The board ordered the district to rescind the transfer and compensate Kamper for the costs of commuting to Jacumba.
Kamper filed a lawsuit against the district, claiming it tried to force him from his job. The case was dismissed in May 1999. The district paid no money, but agreed to comply with the state education code regarding the handling of documents in Kamper's file.
Board member Ambrose said she couldn't talk about the litigation involving Kamper. She said she'll withhold judgment until he joins the board.
“I'm remaining open-minded,” she said.
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Last modified: December 14, 2005
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