Bell v. Vista Unified School District

Good Law
2000 Cal. App. LEXIS 594·2000 Daily Journal DAR 8261·82 Cal. App. 4th 672·98 Cal. Rptr. 2d 263·2000 WL 1024663
Court of Appeal of CaliforniaJune 27, 2000D033824California6,988 words

Opinion

Opinion

Work, J.

Vista Unified School District, Rancho Buena Vista High School (RBV) Principal Alan Johnson, RBV Athletic Director Ric Bethel, and associate superintendent Peter McHugh (collectively VUSD) appeal a judgment mandating it to nullify its termination of RBV football coach Craig Bell, because of a notice violation of the Ralph M. Brown Act (Gov. Code, § 54950 et seq.; the Brown Act), and awarding him $157,674 in attorney fees and costs. VUSD contends the trial court erred in concluding that a meeting to discipline an employee after an adverse finding or decision by a separate administrative body constitutes a “complaint or charge” under the Brown Act, specifically section 54957, requiring 24 hours written notice of the meeting. VUSD also asserts the trial court abused its discretion when it acted before the expiration of the statutory 30-day period to “cure or correct” the Brown Act violation under section 54960.1 and by awarding attorney fees and costs unrelated to it. As we shall explain, we conclude VUSD violated the written notice requirement of section 54957 and that section 54960.1 does not provide a procedural impediment here. However, we conclude the trial court abused…

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