Acton-Agua Dulce Unified School District
32248 Crown Valley Road' Acton, California 93510
(661) 269-5999 • (661) 269-0750· Fax (661) 269-0849
November 10, 2008
Ron Bird
Vice President, Board of Trustees
Re: Action to Consider Censure
Dear Mr. Bird:
I regret to inform you that I have directed the Superintendent to place an action item on the agenda for the upcoming Acton-Agua Dulce Unified School District ("District") Board of Trustees ("Board") meeting, scheduled for November 13, 2008, to consider censuring you for conduct the Board considers to be inimical to your obligations as a Board member. Specifically, the resolution to be considered references the disclosure of information acquired by you during the course of a lawful closed session, as well as material misrepresentations made by you in a posting found on vanguardnews.com, entitled "The Case Against CF (opinion from your School Board Vice President)," signed "Your AADUSD Vice President, Ron Bird," and reproduced in a "Vote 'No' Measure CF" flyer purportedly produced by the Academic Foundation.
If you so desire, please feel free to contact me at any time prior to the Board meeting to discuss.
Mark Distaso
President, Board of Trustees
Acton-Agua Dulce Unified School District
Enc1: Draft Resolution
00100.00022/104958.1
RESOLUTION OF THE BOARD OF TRUSTEES OF THE ACTON-AGUA DULCE UNIFIED SCHOOL DISTRICT
Censure of Board of Trustees Member Ron Bird
WHEREAS, Ron Bird has been a member of the Board of Trustees of Acton-Agua Dulce Unified School District ("Board") since December of 2005;
WHEREAS, Board Bylaw 9005(a) provides that, "[t]o maximize Board effectiveness and public confidence in district governance, Board members are expected to govern responsibly and hold themselves to the highest standards of ethical conduct," and each individual Board member is expected to "[a]ct with dignity, and understand the implications of demeanor and behavior. .. [and] keep confidential matters confidentiaL" Board Bylaw 9005(a) further requires Board members to "assume collective responsibility for building unity and creating a positive organizational culture. To operate effectively, the Board shall have a unity of purpose and ... operate openly, with trust and integrity, govern in a dignified and professional manner, treating everyone with civility and respect .... [and] [t]ake collective responsibility for the Board's performance; "
WHEREAS, Board Bylaw 9010 provides that "effective Board members have a responsibility to express themselves, whether in agreement or disagreement with the Board majority, in ways that promote the Board's ability to govern the district;"
WHEREAS, Board Member Ron Bird admittedly disclosed information acquired during a lawful closed session regarding a litigation matter, an action which violates Board Policies 9005(a) and 9010, may violate the Brown Act (contained in Government Code section 54950 et seq.), and has resulted in chilling Board discourse in closed session; and
WHEREAS, Board Member Ron Bird has made material misrepresentations in a posting found on vanguardnews.com, entitled "The Case Against CF (opinion from your School Board Vice President)," signed "Your AADUSD Vice President, Ron Bird," and certain of these misrepresentations have been reproduced in a "Vote 'No' Measure CF" flyer purportedly produced by the Academic Foundation. Such material misrepresentations include the
• Board Member Ron Bird stated that "[ojur board decided the high school is our school 'in need' and our other schools' facilities are 'good enough.?' when the Board never so decided and, to the contrary, has openly recognized the facilities needs of other District schools;
• Board Member Ron Bird claimed that the Board will be encouraged by the bond measure to "continue with their bad business practices and fiscal irresponsibility," when in reality the Board's budget is balanced, he voted to approve this budget, and he previously asserted his belief that the budget is sound;
• Board Member Ron Bird stated that "you will get a nice new large gym for the high school and some new classrooms there," when in actuality funding from measure CF will
cover the entire project list created by the District's architects, resulting in an entirely new high school facility; and
• Board Member Ron Bird stated that measure CF "is just more construction fraud," a statement which may rise to the level of defamation as it falsely implies that the District and its Board members have engaged, and will continue to engage in, fraudulent criminal activity, an allegation which is completely false and unfounded.
NOW, THEREFORE, BE IT RESOLVED, that such actions violate Board Member Ron Bird's obligation to govern responsibly, hold himself to the highest standards of ethical conduct, and to act with dignity and understand the implications of demeanor and behavior. Additionally, as a result of Board Member Ron Bird's actions as set forth above, he has created a divisive culture on the Board and in the community; and
BE IT FURTHER RESOLVED that the Board of Trustees hereby censures Board Member Ron Bird for conduct inimical to the interests of Acton-Agua Dulce Unified School District, its staff and students, and the Board of Trustees.