Chaos erupts during IVC board meeting
IMPERIAL -- Tempers flared during the regular Imperial Community College District board meeting Tuesday night over allegations the public was not allowed to comment during the virtual gathering.
The allegations were made by Imperial Community College District Board Trustee Annette Gonzalez-Buttner, who had earlier in the day issued a statement calling for Superintendent/President Martha Garcia to resign immediately after allegedly violating California state law in regard to open meeting statutes.
Garcia has declined to resign.
“Garcia (on Tuesday) asked me to violate state law when she told me to schedule a private discussion with (board President) Mark Edney to discuss his unilateral action to limit public comments at IVC meetings,” Gonzalez-Buttner said in a formal written communication to the board issued before the meeting. “Garcia said she has no problem with allowing members of the public to address the board, but Edney wants a change, so she had to do what he told her to do and I should speak with him privately.”
Gonzalez-Buttner alleged it is illegal for trustees to seek board consensus by discussing private items “reasonably intended for board consideration.”
“Garcia knows that law,” Gonzalez-Buttner stated. “She clearly disrespects the California Government Code and the California Education Code. She should be held criminally liable for asking me to violate the law and negotiate this item in private with Edney.”
Both Garcia and Edney deny any allegations of wrongdoing.
Gonzalez-Buttner, who also serves on the Imperial County Office of Education board, was asked by fellow board members in January to resign from that position due to an ongoing felony trial case in which she is accused of election fraud. Prosecutors allege Gonzalez-Buttner lied about her permanent residence while filing for candidacy in 2017. State law mandates elected officials live in the district in which they serve.
Gonzalez-Buttner has said she was attending college in Santa Clara County, but still considered her father’s residence in Calexico as her permanent home.
The trial in Imperial County Superior Court was slated to begin on Feb. 2, but was delayed until March 29 after a motion from attorney Jill Cremeans, who represents Gonzalez-Buttner, was approved by Judge L. Brooks Anderholt.
Gonzalez-Buttner has been charged with four felonies. The charges include two counts of perjury for allegedly falsifying her address, and grand theft for illegally obtaining benefits and health insurance from ICOE.
Conflagration ensues
During a discussion to approve the Jan. 20 Board of Trustees regular meeting minutes during Tuesday’s meeting, Gonzalez- Buttner took direct aim at Edney over public comments, noting she herself had been muted as well.
“You should follow the law, trustee, because you are going to get us in trouble,” Gonzalez- Buttner said.
The board’s legal counsel, Joseph Sanchez, interjected to say the board had allowed for both non-agenda comments and comments on the agenda per board policy during the public comment period at the beginning of the meeting in accordance with the Ralph M. Brown Act, which governs open meetings for local government bodies.
Unsatisfied with the response, Gonzalez- Buttner asked Sanchez to cite board bylaws specifically.
“It is citing to board policy ... 2345, which provides that persons wishing to address the board at a meeting will have an opportunity to do so under public comment at the beginning of a board meeting,” Sanchez said.
Gonzalez-Buttner said such a policy does not exclude commenting on agenda items being considered throughout meetings.
“It doesn’t mean you can’t comment on anything else,” she said.
“It’s both,” the counsel replied.
“Bologna,” Gonzalez- Buttner said. “You are giving bad advice. That is bad counsel.”
“With all due respect, I disagree with you,” he responded.
Gonzalez-Buttner then alleged malpractice by Sanchez.
Trying to get the meeting back on track, Edney said he was “following the standard procedure of this board and many education boards ... and public policy.”
“No. That is not true,” Gonzalez- Buttner said. “You need to follow the standard of the law of the state of California.”
Sanchez then indicated the board was indeed following established legal precedent.
“We are following the law. I would just continue with the items, Trustee Edney.”
In response, Gonzalez- Buttner said she would be submitting a complaint concerning Sanchez to the State Bar of California.
The meeting continued for a short time. But, as Trustee Steven M. Taylor was slated to comment on approving the minutes of the board’s Jan. 20 meeting, Gonzalez- Buttner again broached the issue of public comments.
“Anyone has the right to comment and you have muted public comment and trustees comments because you [Edney] don’t agree with the law,” Gonzalez- Buttner said.
“No, Trustee Gonzalez- Butner, we are proceeding now in an orderly way through each of the trustees,” Edney responded. “You had an opportunity...”
“I am telling you, you are violating the law,” Gonzalez- Buttner interjected. “You cannot silence public comment.”
Edney again stated the board was not circumventing public comment.
“You just ... are you going to let me make a comment?” Gonzalez- Buttner responded. “Because you haven’t asked any of the board members if they want to comment.”
Edney pointed out he had just been asking each board member for comments about the minutes.
“You are interupting, presently, Trustee Taylor from making the comments he had to make,” Edney said.
“You asked about the minutes,” Gonzalez- Buttner said.
“My God,” Edney said. “Trustee Taylor, do you have any further comments to make?”
“Yeah, just one,” Taylor said. “When I speak I would like to be able to speak my piece and not be interrupted by anybody else. That’s all I’ve got right now. Let’s just move on.”
The board then voted to approve the minutes, except for Gonzalez-Buttner, who was the only dissenting vote.
Motion to postpone
Later in the meeting, Gonzalez- Buttner made a motion to postpone Resolution No. 19549, which would provide transparency on human resources within the district.
The item had been discussed in closed session during the board’s January meeting, according to the minutes approved by the board earlier in the meeting.
Gonzalez-Buttner said there had been no closed session discussion.
“I don’t remember this from last month. And, I don’t see it reflected in the minutes.
I don’t remember a presentation, unless it was only given to some board members and not all. I would have remembered.”
Sanchez refuted Gonzalez- Buttner’s claim.
“This item was discussed in closed session to be brought forward for a formal vote tonight to sunshine, which is what is happening now,” he said.
“I don’t want us to get into a discussion about what was discussed in closed session. But, there is a motion on the floor and I think the board members will recall what they recall from closed session last month.”
Gonzalez-Buttner asked if proceeding with the resolution was legal. Sanchez assured her it was.
Taylor said the action during the closed session was “information received, direction given, and that was in our last board meeting.”
Trustee Romualdo Medina asked Sanchez to provide additional clarity on the issue, which was contained in the previously adopted minutes.
“I am going to talk in generalities here without discussing what was going on in closed session,” Sanchez said. “The way this usually happens, and it is the way it happened this time, is there is a discussion by [ human resources] with regards to what the district plans to sunshine, to get any input or discussion from the board. That discussion occurred.”
The board doesn’t vote in closed session to sunshine anything, Sanchez continued.
“That would be against the law. The sunshine has to occur in open session, which is what you are doing tonight. Therefore, the only direction that could have been given at that time was direction the information was given and that there was an understanding the sunshine report would be brought back at this time, and that is what is happening now.”
Medina noted such actions were not reported in the minutes, which only stated a closed section had occurred.
“I understand what occurred in closed session, but that is not what was reported. That is my only concern.”
The board later voted to proceed with the resolution, with both Gonzalez-Buttner and Medina casting the only dissenting votes.