San Diegans for Open Government v. Poway Unified etc. CA4/1

BACKGROUND

A. Factual Background In late 2016 and early 2017, the District’s governing board initiated a nationwide search for a new superintendent. The board held several closed session meetings to consider and interview candidates. Minutes from these meetings identified closed session items to consider employment of a superintendent pursuant to section 54957. The board narrowed the preferred candidates to two applicants, including Phelps. After final interviews with the two candidates on January 30, 2017, the majority of the board preferred Phelps. A couple of days before the board narrowed the candidates, board president Michelle O’Connor-Ratcliff, contacted an attorney who was already under contract with the District. She asked the attorney to assist in

Further statutory references are to the Government Code unless otherwise stated.

2 negotiating a contract with the individual the board “expected to designate as its preferred candidate after the final round of interviews.” The agenda for a meeting on January 31, 2017 identified a closed session item as “Conference with Labor Negotiator.” It designated the board president as the agency’s representative and an…