A California federal judge once again granted the Laguna Beach Unified School District’s motion to dismiss a retaliation complaint filed by a school board member against fellow district leaders, according to a tentative order released Saturday.
U.S. District Judge James Selna gave board member Dee Perry the opportunity to file an amended complaint within 30 days. Attorney Maria Severson wrote in an email that Perry plans to amend her complaint to address issues raised by the judge.
“Ms. Perry hopes to reach a solution where she is simply able to represent her constituents with the same rights and freedom of expression as those of her fellow board members,” Severson said.
In a press release, school administrators noted the Court ruled that Perry again failed to state proper claims for relief.
“We are pleased that the court recognized, for a second time, that the board operates as an entity, and no board member has individual authority,” Board President Peggy Wolff said in a prepared statement. “Differences of opinions among Board members occur, but does not demonstrate cause for filing a lawsuit and needlessly diverting district resources away from students. It is time for the Board to get back to supporting the District during this time of crisis and focusing on our students.”
The turmoil in Laguna Beach Unified started in December 2018 when the board passed Perry over for appointment as board president after she served as clerk. Last year, Perry publicly shared a letter from the school district’s attorney, Mark Bresee, which Bresee said included a confidential legal opinion. The retired teacher’s fellow school board members later admonished her and created a controversial subcommittee to privately discuss the matter in June.
Perry’s attorney issued a notice of intent to file a lawsuit on behalf of her client last June, challenging three actions by the board, including the decision to keep her off the subcommittee and publicly accusing her of misconduct. Perry claimed the statements made in the decision-making process were defamatory, discriminatory, and violated her rights.
After private negotiations with the school district’s attorneys failed to cure her concerns, Perry filed a legal complaint in California federal court in December 2019. The school district denied the allegations in their response to the court.
In March, Perry suffered a setback in U.S. District Court when Selna tossed her complaint that the superintendent and fellow board members violated her first amendment rights and engaged in illegal retaliation. At that time Selna agreed to let Perry amended her complaint for the first time. That amended complaint was, in part, unsuccessful in convincing the judge to allow the case to move forward with the provided facts.
The parties are set to participate in court-ordered mediation on Sept. 15.
Perry’s supporters and the school board majority have traded jabs over the cases rising legal costs.
Jeff Dixon, assistant superintendent of business services, said at the May 21 board meeting that Rutan and Tucker LLP had come within $5,000 of reaching the $100,000 not-to-exceed limit of its contract to defend the school district in Perry’s case. The school board voted 4-0 at that meeting, with Perry abstaining, to double this limit to $200,000 for legal services through July 30, 2022.
“Without commenting on the specifics of this litigation, I can say that I never vote to spend money unless it’s prudent and warranted,” Board clerk Carol Normandin said at the May board meeting. “The proper way to save the district money here is very simple, board member Perry should just dismiss the lawsuit.”
This isn’t about Dee Perry… this is about a weak superintendent that had/has no experience managing a board. It is a free for all and I am astonished that LBUSD hired a second rate district director as their superintendent. Nothing will change until he is out. Watch him during the board meeting, he is clueless