Secret and Illegal Superintendent’s Contract Discovered
Press Release

Despite numerous public statements to the contrary, it has now been confirmed that CUSD Supt. Woodrow Carter and Board President Mike Darnold executed and delivered a secret and illegal superintendent’s employment contract. This action violated the California Brown Act and other applicable laws, and the contract is unenforceable for numerous reasons, including the following:

1. The written contract was never presented to the CUSD Board of Trustees for vote and approval.
2. The written contract was never placed on the CUSD open-session agenda for review and comment by the public (and approval by the board).
3. The signed contract now contains a highly suspicious and unauthorized 18-month “golden parachute” -- a provision that was never discussed or approved by the CUSD Board of Trustees.
4. Supt. Carter had repeatedly and publicly rejected the contract offer (thereby legally terminating the effectiveness of the board’s original offer).
5. The Brown Act expressly prohibited the board from taking action in closed session to increase the superintendent’s compensation.

A copy of the illegal secret agreement can be viewed here

Chronology of events:

02/25/08 – A special board meeting is called for the purpose of voting on massive, controversial cuts to teachers and other district personnel. A closed-session item is added to the agenda titled, “Public Employee Employment – Superintendent’s Contract.” During closed session, the four CUSD old-guard trustees vote in favor of offering to Supt. Carter a new three-year contract and a massive salary increase (in obvious violation of the Brown Act). When the board returns to open session, President Mike Darnold fails to publicly disclose the terms of this contract offer.

02/26/08 – OC Register story confirms that CUSD board President Darnold failed to disclose the terms of the contract offer at the Feb. 25, 2008, board meeting. In addition, the OC Register reports it had now learned the board had voted in favor of offering to Supt. Carter a $972,000 three-year contract.

02/28/08 – Carter attends two public town hall meetings where constituents urged him to reject the contract offer for the good of the district. Supt. Carter publicly announces that he had rejected the contract terms offered by the old-guard trustees and would not sign a new contract.

02/29/08 – The Capistrano Dispatch reports that Carter had “announced at two community meetings that he will not sign a $324,950-a-year contract offered by the Capistrano Unified School District, opting to continue working under his current interim deal.”

OC Register reports that in response to intense public criticism, Carter had decided to “reject the contract” and confirms that CUSD Communications Director Beverly de Nicola stated that, “the new $974,850 contract is invalid now and will have to be renegotiated at a later date.”

Supt. Carter confirms in writing to CUSD board members and staff that he “would not sign the new contract … .”

03/13/08 – Supt. Carter notifies CUSD board members he had signed his new contract effective as of Feb. 25, 2008. Someone had now changed the end of Section 1 to read, “If the Trustees fire the Superintendent, he is entitled to 18 months compensation pay.”

CUSD Recall Committee Spokesperson Tom Russell stated, “This shocking cover-up demonstrates a continuing conspiracy to conceal important information from the public – the district attorney needs to intervene immediately.”

Discovery of the secret employment agreement comes on the heels of the discovery last month that Carter and the four old-guard trustees (Marlene Draper, Sheila Benecke, Mike Darnold and Duane Stiff) were attempting to enforce an illegal secret “verbal agreement” with respect to the acquisition of additional land needed to complete the construction of the controversial $150-million San Juan Hills High School.