A move to officially reprimand a school board trustee for his highly publicized and damaging email escapades that were exposed late last year was thwarted Feb. 2 when the six-member governing body deadlocked 3-3 on whether to take action.
The extensive, 308-page “censure” resolution proposal—which Morgan Hill Unified School District’s Board President Bob Benevento partially read aloud prior to any vote or discussion—targeted embattled trustee David Gerard. It sought to remove him from representing the district in any capacity outside the boardroom.
Benevento, along with Trustees Ron Woolf and Donna Ruebusch—who were all subjected to insulting comments made by Gerard about them in emails—voted in favor of the censure resolution. However, Gerard, as well as board allies Rick Badillo and Gino Borgioli, voted against the motion.
“It was never my intent that these documents would be shared with anyone,” said Gerard, who issued an apology in an extended speech Tuesday night that outlined several portions of the censure resolution that he proclaimed were “filled with exaggerations, half-truths and outright falsehoods.” He further insinuated that he was the target of a “malicious public campaign to humiliate me” by school district leadership, district-wide employee groups and other members of the community.
Borgioli, who was voted onto the board at the same time as Gerard in the November 2014 election, questioned the validity of 22 out of 38 points made in the censure and even tried to introduce an alternative one that was immediately rejected.
“I don’t accept or condone that type of behavior,” Borgioli started. “But I can’t go along with (the censure resolution)…The trustee’s comments were satirical in nature (and) he didn’t intentionally use the public (email) portal.”
Borgioli defended Gerard further, stating that his board colleague was the victim of bullying “especially in closed session” rather than the one doing the bullying that was noted in the resolution.
For the first time publicly, Gerard—who again heard from many familiar voices calling for his resignation at the Feb. 2 meeting—even garnered support from three residents who believed he had done nothing illegal and is entitled to freedom of speech under the U.S. Constitution.
“I’m very disappointed with all the politics that goes on,” said parent Ida Cazares who was not in favor of the censure resolution. “He did nothing illegal. All he did was talk smack.”
Gerard’s detractors spoke about how disgusted they were with his tawdry descriptions of his fellow board members in the emails; the poor example he set for students in the district; and that he could no longer be respected nor trusted as a board member.
“Every time I read (Gerard’s emails) I find one new thing that is totally offensive that I can’t believe,” said Woolf, who has read them over at least five times. “I have never seen or experienced anything like this in my 30 something years in Morgan Hill.”
Ruebusch detailed that Gerard had ample opportunity to apologize to her after the late November 2015 release of the emails and subsequent news articles detailing their disturbing content. She claimed to have never received an apology or explanation from Gerard despite reaching out to him for one.
“I’m disappointed. This isn’t how I wanted things to go,” said Ruebusch, who helped author the resolution that sought to “censure, disavow and formally express its disapproval of (Gerard) for….repeated and blatant disregard of state law and board policies, regulations and bylaws; misuse of public funds; collusion against fellow trustees; bullying of fellow trustees; and disruption of the operation and public reputation of the district.”
The unsuccessful censure resolution called for Gerard’s voluntary resignation and would have discontinued his ability to represent the district in any capacity. It also instructed that he must seek written approval from the superintendent “prior to meeting with, calling or emailing district employees regarding school district-related business.”
The next regularly scheduled board meeting is March 1.
