school board sued for alleged brown act violation

A group of concerned Palos Verdes Peninsula (PVP) residents sued Palos Verdes Unified School District (PVPUSD) on July 18 for allegedly violating the Ralph M. Brown Act when the PVPUSD Board of Education discussed the installation of solar panels at several schools within the district. This lawsuit was led by Barry Hildebrand, a PVP resident. Last March, the district announced the installation of Partner For Many Generations (PFMG) solars in four schools.  According to the Daily Breeze, the purpose of the solar panels was to save $6 million worth of energy over the next 25 years.

Rolling Hills Estates attorney Jeffrey Lewis, who represents the PVP residents, filed a cease-and-desist letter on July 18. The letter claimed the Board of Education had not listed the agreement waiver of the solar contract on the closed-door meeting agenda and had added solar panels to an agenda for a July 13 meeting without proper 72 hour public notice. The letter provided a list of all the accusations made to the PVPUSD Board.

According to the Daily Breeze, Lewis stated that this lawsuit’s purpose was to pressure the Board to follow its obligations under the law and make the necessary reports after closed sessions.

PVPUSD Superintendent Don Austin does not feel that the district’s actions violated the Brown Act. Austin claims that there had been no vote on the solar panels during the closed door meeting; thus, no parts of the act were violated. Furthermore, Austin states the item for the July 13 meeting had also been properly added to the agenda on the PVPUSD website, which made it accessible to the public.

According to the “Brown Act Allegations Document” posted on the district’s website, the Board was justified in discussing legal implications in closed session to protect the interest of the district and taxpayers.

Austin also conveyed confusion as to why the residents are still pursuing the lawsuit, even though the Board decided not to install the solar panels.           “Sometimes I believe that there are some people that are constantly looking to be [unsatisfied] with [how the] school district [is run],” Austin said. “In this case, when the same people are [constantly] unhappy [with] the school district, [it indicates that the] problems [do not always stem from within the] school district.”

However, some of the other PVP residents, who are not directly involved in the lawsuit, agree with Barry Hildebrand.

“When [the Board] came out into open session, they did not tell anybody what they discussed about solar [panels],” PVP resident Joan Davidson said. “[It was not] until July 13th when [the Board president Malcolm Sharp] said, ‘[the Board] should have talked about it a few weeks ago, so we are going to tell you tonight.’”

The residents will proceed with the lawsuit, and the district has no choice but to hire an attorney to defend itself using the funds of PVPUSD schools. Austin believes that the money could have been utilized for funding lab experiments, installing updated computers and genuinely improving the learning environment for students and teachers alike. In addition to Austin, Principal Mitzi Cress has also expressed frustration in this matter.

“I have a budget which is used to run this school, and there is never enough money to do everything I want for Peninsula,” Cress said. “In situations like these, the district is forced to use funding that should go directly to the schools. That is where it impacts me as a principal.”