Stockton Unified says Ramirez not employee, will vote on alleged Brown Act violation
The Stockton Unified School District says the Board of Trustees did not violate the Brown Act when granting former superintendent John Ramirez Jr. full salary and benefits in closed session because he is not an employee, despite placing him “on leave” last month when he was arrested on DUI charges.
It turns out “on leave” is a flexible term at SUSD.
“It is a standard cautionary process in such situations, but not directly applicable in this case,” Dr. Jack Lipton, a Stockton Unified attorney said in a statement.
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The board is scheduled to meet at 5 p.m. Sept. 13 in the Arthur Coleman Administrative Complex to reaffirm their decision.
Ramirez was placed “on leave” from his superintendent emeritus role after he was arrested Aug. 25 for driving under the influence of alcohol with a blood alcohol level of .225%. Upon news of his arrest, Stockton Unified released a statement saying Ramirez is no longer working in a capacity as superintendent, has no contact with students or employees and is no longer on any school sites. The district did not answer any additional questions on his employment status.
Ramirez resigned June 9 after just more than a year as superintendent, citing he needed to care for his elderly parents. Less than a month after his departure, the San Joaquin County Grand Jury released a scathing report showing financial mismanagement, poor business practices and a lack of transparency at Stockton Unified.
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The way Ramirez’s separation agreement was reached was the subject of an Aug. 31 letter from County Superintendent of Schools Troy Brown. The board took “illegal action” and “violated important public rights” when it hired Ramirez as superintendent emeritus with full salary and benefits for a year behind closed doors at a special June 9 meeting — California law forbids calling special meetings to discuss executive compensation — and failed to orally report the new hire of Ramirez as required by law, Brown said.
Brown demanded the board rescind the action taken by the board June 9 to employ Ramirez as superintendent emeritus and if the board takes subsequent action to employ Ramirez, to take the action at a regular board meeting and make the required oral report.
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The district disagrees they violated the Brown Act, stating Ramirez’s title of “emeritus superintendent” is reflective of his resignation and not of an employment position — though his separation agreement says he is to provide transition assistance and have duties assigned by the board president — and that the compensation in his separation agreement is severance, not salary for services rendered. The board will vote to “reaffirm” Ramirez’s superintendent emeritus agreement at the Sept. 13 board meeting instead of following Brown’s demands.
“The agenda item is in full compliance of the law and will be taken up (Sept. 13) during open session of the SUSD board meeting,” Lipton said in a statement.
New board meeting rules
The Arthur Coleman Jr. Administrative Complex board room will be sporting more chairs Sept. 13 — more than 100 according to Melinda Meza, SUSD’s director of communications, marketing and media relations — to accommodate for new board meeting rules.
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If anyone stands up during the meeting, they will be told to sit down or leave, the Sept. 13 agenda states. No one other than the person who is speaking, including during public comment, may be at the lectern, and people may not line up behind the speaker to wait their turn. Disruptive behavior will earn a verbal warning from Board President Cecilia Mendez or a designee, and the disruptor will be asked to leave or removed if the behavior continues.
The agenda also states at the end of board meetings, board members and the superintendent will be escorted to their cars by SUSD police officers.
Record reporter Ben Irwin covers Stockton and San Joaquin County government. He can be reached at birwin@recordnet.com or on Twitter @B1rwin. Support local news, subscribe to The Stockton Record at https://www.recordnet.com/subscribenow.
This article originally appeared on The Record: SUSD says board didn't violate Brown Act, will vote on Ramirez
