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Government
Declaratory Relief
Writ of Mandate

Californians Aware v. Pasadena Area Community College District Board of Trustees

Published: Jun. 6, 2015 | Result Date: Apr. 29, 2015 | Filing Date: Jan. 1, 1900 |

Case number: BS151112 Bench Decision –  Writ Granted

Court

L.A. Superior Central


Attorneys

Petitioner

Joseph T. Francke

Kelly Aviles


Respondent

Jessica O. Gillette

Dana John McCune
(McCune & Harber LLP)


Facts

Californians Aware sued Pasadena Area Community College District Board of Trustees relating to the approval of a severance package for the college's former president.

Contentions

PLAINTIFF'S CONTENTIONS:
Mark W. Rocha was president of Pasadena City College and agreed to step down after almost four years in the position. The non-profit Californians Aware contended that the District paid Rocha over $400,000 in severance compensation even though his employment contract did not provide for any payment upon his retirement. It alleged the District never noticed or publicly discussed Rocha's severance or retirement compensation in violation of the Ralph M. Brown Act.

Result

The court granted Californians Aware's petition for writ of mandate, entitling it to a declaration that the District violated the Brown Act by failing to announce the facts and circumstances underlying its discussion of Rocha's retirement and severance compensation during a closed session on anticipated litigation. The court also ordered that the resulting agreement between the District and Rocha was null and void due to the underlying Brown Act violation.

Other Information

FILING DATE: Sept. 25, 2014.


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