WATSONVILLE — The Santa Cruz County District Attorney’s office will not pursue the case against five Pajaro Valley Unified School District trustees who were accused of violating open meeting laws.
Aptos resident Bill Beecher filed a complaint on Jan. 11, alleging that trustees Georgia Acosta and Karen Osmundson, along with newly-elected members Daniel Dodge Jr., Jennifer Holm and Jennifer Schacher violated the Ralph M. Brown Act by meeting at Coffeeville on Nov. 27.
In a letter to Beecher, Assistant District Attorney William Atkinson stated that the information provided to his office “does not warrant our office pursuing this matter on a criminal basis, and therefore we will be taking no further action.”
Among other things, the Brown Act prohibits a majority of any elected or appointed body from discussing board business outside of open, publicized meetings.
There has never been a successful prosecution for a violation.
Beecher alleged that the trustees discussed appointing Osmundson as board president during the Nov. 27 meeting, a position she had not held during her 12 years on the board.
The trustees made that appointment at the Dec. 12 meeting.
Acosta has adamantly denied that any Brown Act violations occurred.
In a Feb. 14 letter to Atkinson, PVUSD attorney Louis Lozano stated that the discussion about Osmundson’s presidency occurred only between Holm, Acosta and Osmundson.
The meeting, Lozano said, started between Holm, Acosta and Osmundson “purely for the social purpose of getting to know each other personally.”
Schacher arrived later with her daughters, followed by Dodge, who brought his own daughters, Lozano said.
The group was sitting at separate but adjacent tables with several personal conversations occurring at the same time, he said.
The letter further stated that the newly-elected trustees had not yet been seated or received training in the Brown Act requirements. The meeting also occurred before Santa Cruz County Clerk Gail Pellerin certified the election results.
“While those in attendance had no intention to violate the Brown Act, they all deeply regret the controversy their gathering has created and are committed to avoid any such gathering in the future that would even give the potential appearance of a Brown Act Violation,” the letter states.
In addition, Lozano wrote that the board would receive training regarding the Brown Act during a future public meeting.
