Attorney for Joint Powers Authority says SPESD knows charges are untrue

October 03, 2007
Santa Paula News

The coverage counsel for the Ventura County Schools Self-Funding Authority (VCSSFA) says the charges leveled against the authority by the Santa Paula Elementary School District are absolutely untrue and SPESD knows they are untrue.

Brian D. WilsonSanta Paula TimesThe coverage counsel for the Ventura County Schools Self-Funding Authority (VCSSFA) says the charges leveled against the authority by the Santa Paula Elementary School District are absolutely untrue and SPESD knows they are untrue. James Wiederschall was responding to the lawsuit filed against the VCSSFA Monday in Ventura Superior Court.The SPESD said the suit was filed because the VCSSFA would not honor a claim “it is legally bound to pay on behalf of the students and taxpayers of our district,” said SPESD Board President Ofelia De La Torre. “More than $1 million dollars is at issue, and the board simply cannot walk away from this claim,” said De La Torre, pointing out that it represents three percent of the district’s total budget. “Students, teachers, employees and the families of our community are all affected by the VCSSFA’s wrongful denial of our claim.”The VCSSFA had appointed a lawyer to represent the district in litigation with a construction company hired to make improvements to four campuses. But on the eve of trial in April of this year, and with an opportunity to favorably settle the case, the VCSSFA abandoned its defense, according to school district officials.
Wiederschall says the VCSSFA is not an insurer, and not subject to the insurance laws of the State of California. “The authority is a group of brethren school districts gathered to help each other out, to keep costs down,” Wiederschall said. There are 22 school districts in the VCSSFA, including Santa Paula Elementary School District.Wiederschall says he can prove the SPESD charges are untrue. He says the district’s claim that they had no knowledge of the Alternative Dispute Resolution process is untrue. The VCSSFA bylaws require that member districts use the ADR process to resolve disputes and the authority did request that Santa Paula use that process to settle this dispute.Wiederschall notes that the SPESD representative to the VCSSFA was present when the ADR process was presented to the board in October of 2002. It was adopted by the board at that time, according to Wiederschall, and had existed in a different form for many years before that date.The district says the ADR process is “unconscionable, illegal and unconstitutional.” Wiederschall says the VCSSFA Executive Committee offered to hire and pay a retired judge to preside over the ADR process on September 11, but received no response from the district and a lawsuit was filed 10 days later. He also said that the SPESD sent out copies of the three-inch thick lawsuit packet to every school board member in Ventura County.“Who’s wasting public school funds here,” he added. “Who’s going to end up paying for all of this? It’s Santa Paula. We welcome public scrutiny.” SPESD officials claim they were threatened with expulsion from the VCSSFA, but Wiederschall says that’s not the case. He alleges that the school district wants out of the joint powers authority and wants the money back that they’ve put into it. “We’re in the midst of a grand spin,” Wiederschall added.



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