Belleview District gets TRO against board member

Belleview Elementary School District has started the process of having one of its board members removed from office in response to “concerning” writings he submitted that included references to killing children and “distinct anti-government rantings,” according to school officials.

In a letter dated Monday and addressed to school staff and families, District Superintendent-principal Carmel Portillo stated that the district had been granted a temporary emergency restraining order on Nov. 3 against school board member Jason Vassar.

Portillo stated that Vassar submitted “personally written materials” that contained “numerous statements of a concerning nature” on Oct. 30 to the district administration and the director of the Tuolumne Joint Powers Authority, a shared-risk insurance pool with other districts in the county.

The writings included statements “referencing threats to kill children, kill people, denigrate humans, and incite violence, with distinct anti-government rantings,” Portillo stated in her letter.

Portillo also noted that none of the statements were directed toward any specific person or entity at Belleview, but were rather references to “generalized acts that extend beyond the boundaries of the Belleview School District.”

“In response, and out of an abundance of caution, our district administration along with the Tuolumne JPA promptly took action by reporting to law enforcement,” Portillo stated in the letter.

As a result, Portillo said, Vassar was taken into custody by law enforcement on a 5150 hold as a potential danger to himself and others.

Sgt. Jacob Ostoich, a spokesman for the Tuolumne County Sheriff’s Office, confirmed that Vassar was detained for a mental health evaluation “pursuant to 5150 of the Welfare and Institutions Code.”

“We are working closely with school administration to ensure the safety of ev

eryone involved,” he stated in an email response to questions sent Thursday by The Union Democrat.

Ostoich did not address most of the questions, including who exactly Vassar was referencing in his writings, but he clarified that a 5150 hold is not a criminal charge or violation. He also said it is considered a medical issue that’s subject to certain confidentiality laws, such as the Health Insurance Portability and Accountability Act, or HIPAA, which prevents medical professionals from releasing personal health information about patients.

Vassar could not be reached for comment Friday.

Portillo assured district staff and families in her Monday letter that the district was taking the matter seriously and doing everything in its power to prioritize the safety and well-being of staff, students and the community.

Carrie Peterson, president of the district’s governing board, is working with Portillo to determine the next steps as it relates to Vassar’s position on the board, according to the letter.

The letter concluded with Portillo stating the district also extends its “respect and support for Mr. Vassar’s family during this challenging time, as they are an integral part of our school family.”

Portillo provided responses via email Wednesday to some questions sent by The Union Democrat and deferred others to the district’s attorney, court records, or statements in her Monday letter to school staff and families.

Vassar has been serving on the board since 2015, Portillo said. He was first appointed to a seat on the board on Nov. 16, 2015, and was elected the following year. He most recently ran unopposed in November 2022 for a four-year term, according to county Elections Office records.

The district is governed by a three-member board elected by registered voters who live within the boundaries of the district, which is located in the Cedar Ridge area of Sonora. Peterson and Jackie Olavarria are the other two members currently serving on the board with Vassar.

Portillo said parents were alerted about the situation as soon as the district was informed the restraining order had been served and law enforcement was in full cooperation. She added that the district is working with its legal advisers “to inform the public of critical information as it becomes available for us to share during an ongoing legal matter.”

When asked for more details about who and what Vassar was talking about in the writings, Portillo referred to the restraining order filed in Tuolumne County Superior Court that she said is a public document and contains all of the known writings.

A copy of the restraining order provided by the court Thursday at the request of The Union Democrat is seven pages long and does not include any of Vassar’s writings.

The order stated that Vassar, 50, is not allowed to have any contact or be within 100 feet of students, employees and school board members of Belleview and the county Superintendent of Schools Office. He is also prohibited from owning or possessing firearms while the order is in effect.

A court hearing is scheduled for the date the order expires on Nov. 28.

Anthony Demaria, an attorney with offices in Fresno and Colorado, is representing the district in the matter through the Tuolumne JPA risk pool. He said in a phone interview Friday that he was authorized by the district’s board to move forward with the process of removing Vassar from his elected position.

The process of removing an elected official from a local school board in California requires permission from the state Attorney General’s Office to file a “quo warranto action” in the superior court of the county where the elected official holds office.

If the state Attorney General’s Office gives approval after reviewing the facts and law, then the court will decide whether the official being targeted for removal is lawfully entitled to the right to hold office.

“We have already contacted the state Attorney General’s office and started the process of the petition to get the right to go to court and have him (Vassar) removed from the board,” Demaria said.

Demaria said he’s been an attorney for 28 years and has represented Tuolumne County school districts in various legal matters for the past five, though he’s never had to file such an action before in his career.

Pending legislation in the state Legislature called Assembly Bill 1352 would give school boards the ability to censure or remove a member by a two-thirds majority if the member’s conduct meets certain requirements outlined in the law.