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DA: No crime in St. Helena school clash
Wednesday, September 30, 2009
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The Napa County district attorney’s office has found no evidence of crimes related to the conflict over the St. Helena Unified School District board of trustees.

Napa County District Attorney Gary Lieberstein dismissed allegations that board members violated California public meetings laws in 2008 and 2009. Lieberstein also said his office found no violation of law related to the awarding of retirement options to certain school employees.
“There is no credible evidence to support the conclusion that any members of the board of trustees, including their management team, took any action that would constitute a violation of any civil or criminal laws within our jurisdiction,” Lieberstein said in a prepared statement. 

Finally, Lieberstein also found "insufficient evidence"  of criminal conduct on the part of those who accused the school board of wrongdoing.
The swirl of accusations are at the heart of a recall effort targeting four members of the St. Helena school board.

In the wake of former Superintendent Allan Gordon’s resignation, the board awarded the job without a search to Gordon’s assistant superintendent, Robert Haley. Parents who had wanted the board to conduct a full search have accused the board of mismanaging the superintendent hiring and of improperly granting generous benefits to Gordon and others.
School board members deny wrongdoing, defend the decision to hire Haley and say the pension decision was fiscally sound.

Earlier this year, a group of parents met with school board officials, demanding their resignation and stating they believed a criminal probe was warranted. The clash led to both sides asking the district attorney’s office to investigate.

Earlier this month, supporters of a recall election secured enough valid signatures to force all four board members — Ines DeLuna, Cynthia Lane, Carolyn Martini and Cindy Warren  — to face a recall vote.

Correction: An earlier version of this story stated that prosecutors "found no criminal conduct" on the part of recall proponents.
6 comment(s)

abouttime wrote on Sep 30, 2009 6:47 AM:

" The DA says that no crime took place. I'm sure he is correct. However it does not mean the board acted responsibly, nor that ethical lapses did not happen. This in no way clears the board of lacking transparency and good judgment. Recall Goods now. "

Demo Cracy wrote on Sep 30, 2009 7:51 AM:

" Much ado about nothing, eh? Citizens have a right to make a recall election, but it causes grief and costs money and should have some real substance behind it. Looks like this one is doing the former ones without having the latter. "

The Saint wrote on Sep 30, 2009 8:19 AM:

" This story is reported inaccurately on one point. On the issue of whether the recall leaders attempted to extort Board members by threatening to "go public" with their (now false) accusations of felonious activities, Lieberstein found is "insufficient evidence to conclude that any violation of law occurred during this incident." He did not find "No criminal conduct" as reported above. There is a big difference and in the interest of fairness, the Register should correct the error. "

MarkMiwords wrote on Sep 30, 2009 8:37 AM:

" Unethical actions aren't always prosecutable by the law. The Board should have listened to the numerous concerns and complaints from their constituents and just advertised the two positions. This is the STANDARD thing to do. Not doing so is contrary to all past standards of the school district and certainly gives the look of impropriety. The smell of "good 'ole boy" syndrome is rampant here and the appearance of impropriety could have easily been avoided by opening the position up to outside applicants. "

shadowynewcomer wrote on Sep 30, 2009 2:38 PM:

" The board's actions do not rise to the level of recall. No money was stolen, nobody has died. Even if the recall is successful its not going to reverse the Haley decision without ALOT more community pain. Is that what the replacement candidates plan to do if they win the recall? Waiting until Nov 2010 and throwing the bumbs out is the more prudent course. "

Shirley U. Jest wrote on Oct 1, 2009 10:47 AM:

" Although the DA's office found no crime had been committed, it sure looks like Gordon acted unethically in putting into place a generous early retirement plan that he then took advantage of 3 months later. It's amazing that the Board not only went along with that, but then defended the guy when it all came to light.
As for the recall, there are SO many reasons beyond just this one that demand this kind of grass roots action from the community. The Board's consistent lack of transparency and independent thought, it's refusal to listen to concerned members of the community and, above all, it's incredible fiscal irresponsibility are all more than valid grounds for a recall. "

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