WV-MCC district victorious in two lawsuits by residents

By Rebecca Ray

After spending weeks contending with two lawsuits that community members filed against them, officials of the West Valley-Mission Community College District are sighing with relief--Santa Clara County Superior Court judges ruled the district victorious in both claims.

Members of the West Valley Homeowners Association--an organization of South Bay homeowners who oppose the district's proposed plans to upgrade the football and track venue at West Valley College--sued the district in both cases.

On Feb. 7, Judge Jamie Jacobs-May denied the request of Saratoga resident Michael Scandling to issue the district a preliminary injunction, which would have specified ways for the district to comply with the law until a trial occurred. Scandling argued that the district violated the Brown Act, the state's open meeting law, by meeting in closed session when its attorney was not present.

The district argued that it did not violate the law, because its attorney relayed legal advice through a designated district employee. Jacobs-May ruled that California Government Code 54956.95 allows the district to meet in closed session to discuss litigation. The code states that agencies can hold closed sessions "to discuss a claim for the payment of tort liability losses, public liability losses, or workers' compensation liability incurred by the [agency]."

Scandling said that although he and other community members who are frequent critics of the district "lost the battle," they "won the war." The point of the lawsuit, he said, was to send district officials the message that residents were watching them, which the district got. He pointed out that Jacobs-May advised the district to interpret the law strictly in the future.

Saratoga resident Victor Monia, who heads the homeowners association, asked the court to issue the district another preliminary injunction for allegedly using public funds to disseminate materials that advocated for its proposed bond measure. The $268 million Measure E general obligation bond, which calls for the construction, repair and safety upgrades of district equipment and facilities, will appear on the March 5 ballot. Passage of the bond would allow the district to upgrade the football and track facility at West Valley College.

Judge William J. Elfving denied Monia's request and ruled Jan. 31 that the materials were informational. The materials included a letter from district Chancellor Linda Salter to residents and an item in a district course catalog.

Salter said that district officials knew they would win both cases, and that she thought that the plaintiffs knew it, too. She added that she thought that they filed the lawsuits to distract the public from looking at Measure E, which the association says to vote against.

WV-MCC district victorious in two lawsuits by residents

William Cilker: Measure E

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