The Mercury News

Superinten­dent granted restrainin­g order

Alum Rock trustee allegedly used threatenin­g words during closed session board meeting

- By Emily DeRuy ederuy@bayareanew­sgroup.com

The superinten­dent of the Alum Rock Union Elementary School District has obtained a temporary restrainin­g order against a member of the board of trustees charged with governing the troubled district.

Hilaria Bauer filed a request for the order, obtained by this news organizati­on, against trustee Khanh Tran for allegedly verbally harassing the superinten­dent.

According to people familiar with the situation, Tran allegedly berated Bauer during a recent closed session board meeting, threatenin­g to “kick your ass,” and at one point mentioning a firing squad.

Tran disputed that characteri­zation Wednesday, saying he’d told Bauer he wanted to “kick her ass out of the district.” And he denied mentioning a firing squad in relation to Bauer, and said he only meant to point out that in other places, people who break the law “probably face a firing squad.”

Bauer did not immediatel­y return a request for comment.

Fellow board member Karen

Martinez said Wednesday she contacted police, alleging that Tran also verbally threatened her. Martinez declined to discuss the specifics of the allegation­s, saying only, “I’m taking every measure necessary to ensure I’m as protected as possible.”

Tran, along with fellow board members Esau Herrera and Dolores Marquez, have repeatedly feuded with the well-liked superinten­dent and threatened to dismiss her. They recently filed a complaint against her with the Fair Political Practices Commission. The trustees have blamed Bauer for the district’s troubles, while numerous audits and other investigat­ions have suggested the board is to blame for Alum Rock’s financial issues. The board hired Del Terra Real Estate Services with bond measure money to upgrade schools, but essentiall­y allowed the firm to oversee itself, which resulted in a failure to complete projects on time and bills for work that hadn’t been done.

“I think he crossed the line,” said Andres Quintero,

a fellow board member who, along with Martinez, has been critical of the board’s direction. “Nobody should be threatened by anybody doing their job.”

The restrainin­g order, which was served early Wednesday morning and applies to Bauer’s husband and daughter, too, is good until Sep. 11, when a hearing to discuss the issue is scheduled to take place.

Tran is barred until then from contacting Bauer, even by email, and he cannot go to her house or office. That could make performing his duties as a board member difficult.

“I’m not going to fight it; I just want a mutual one,” Tran said, insisting that he will have no trouble doing his job under the order. “I think she’s a crook, I think

she’s dishonest and I don’t want her to run my district.”

Parents and community groups said they are looking ahead to the November election, when Tran will be on the ballot.

“Mr. Tran is becoming increasing­ly erratic in his defense of Del Terra and in his attacks on the superinten­dent,” said Jeff Markham, a parent in the district. “Dr. Bauer has the full support of the Alum Rock community and the harassment by Mr. Tran must stop. We ask the court to extend the restrainin­g order through the remainder of Mr. Tran’s term, upon when the voters of Alum Rock will replace him.”

 ?? STAFF FILE PHOTO ?? Alum Rock Superinten­dent Hilaria Bauer allegedly was threatened by trustee Khanh Tran during a board meeting, which led to her filing for a restrainin­g order.
STAFF FILE PHOTO Alum Rock Superinten­dent Hilaria Bauer allegedly was threatened by trustee Khanh Tran during a board meeting, which led to her filing for a restrainin­g order.
 ?? STAFF FILE PHOTO ?? Khanh Tran disputed the severity of his alleged threat.
STAFF FILE PHOTO Khanh Tran disputed the severity of his alleged threat.

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