In an unprecedented move in Morgan Hill, the local board of education will vote Feb. 2 on whether to pass a resolution to “censure” one of its own trustees.
Embattled Morgan Hill Unified School District board member David Gerard, whose inflammatory email exchange with community activists got him in some hot water with his colleagues, is the target of the censure.
Gerard has remained on the education dais despite a herd of residents calling for his resignation at previous board meetings due to his unsavory commentary.
On Tuesday, the six-member board—short one after the November 2015 resignation of former trustee Amy Porter-Jensen and failed effort to appoint her replacement—will debate the merits of the disciplinary measure before putting it to vote.
The school board meeting begins with closed session at 4:30 p.m. inside district headquarters (156000 Concord Circle) followed by the public session thereafter at about 6 p.m.
If passed, the Board will “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,” according to the resolution.
Gerard will not be allowed to represent the district in any capacity and must seek written approval from the superintendent “prior to meeting with, calling or emailing district employees regarding school district-related business.”
The split board has routinely been deadlocked 3-3 on key matters such as appointing a new replacement trustee, naming a 2016 board president and vice president and litigation actions.
Board President Bob Benevento, Vice President Ron Woolf and Trustee Donna Ruebusch have been at odds with Trustees Gerard, Rick Badillo and Gino Borgiolo.
Gerard can vote on the censure resolution, which also requests he “voluntarily resign from the Board of Education of this district.”
The 308-page censure resolution, which includes all of Gerard’s unflattering email correspondence that were released to the public after The Times submitted a California Public Records Act Request late last year, cites several board and district policies as well as government and education codes that were violated.
“(Morgan Hill Unified School) District discovered that David Gerard has, acting individually without Board authority, abused the power of his elected Board position by sending and receiving derogatory emails that the Board perceives as racist and sexist in nature, using the District e-mail server, regarding other Board members and District staff members,” the resolution reads.
It goes on to say “Gerard’s emails and conduct set an unacceptable example for the students of the District’s schools, and for students everywhere.”
Room for Voices charter school?
In an ongoing feud with Voices-Morgan Hill charter school, MHUSD district leadership is seeking board approval on a counter-offer in negotiations of Voices’ Proposition 39 facilities request, which requires a district to make room in existing facilities for a charter school to operate.
Voices, which, in its first year, is temporarily being operated out of classroom space at Advent Lutheran Church, submitted the request in November 2015. But district and charter officials are quarreling over the “in-district ADA projections which (have) yet to be resolved,” according to the agenda item’s rationale. ADA stands for average daily attendance and determines the funding a district receives per student.
Voices’ request was to locate four classrooms at the Adult Education Site (17960 Monterey Road) or within a two-mile radius of the mid-point of Del Monte Avenue. But MHUSD leaders claim there is not sufficient room at that location, “which is not equipped to serve an elementary program.”
Instead, district leaders are offering two options: three to four classrooms at San Martin/Gwinn Elementary or two classrooms at SM/G and two others at Barrett Elementary.
CORRECTION: An earlier version of this story was not accurate in stating that Trustee David Gerard could not vote on the censure resolution. Gerard can vote on the censure resolution.
