As noted by Jason Song in his report for the Los Angeles Times, Californians Aware filed suit Thursday against the board of the Pasadena Area Community College District, seeking a court-ordered reversal of a recent board-approved $400,000 severance award to its retiring superintendent, Dr. Mark Rocha. CalAware argues in its petition that the approval was hatched in two closed sessions labeled as dealing with “anticipated litigation” without explaining what litigation was anticipated, or why, or who the potential plaintiff was. The board’s attorney calls the $400,000 a “settlement and release of claims,” without revealing what the claims were. CalAware argues the closed sessions were about compensation beyond the amount Dr. Rocha was entitled to under his contract, and that the closed session agendas were misleadingly worded to avoid public awareness of the planned award.
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About the Author: Terry Francke, General Counsel
Terry Francke has a 35-year history of helping journalists, citizens and public officials understand and use their First Amendment and open government rights. With CalAware, Francke has authored comprehensive and authoritative guidebooks to California law on access to government meetings and public records and the news gathering and publication rights of journalists. Focusing on these issues in public forum law, he supervises CalAware's legislative and litigation initiatives; conducts workshops on legal compliance; helps design public records audits; supports local sunshine ordinance drafting efforts; writes CalAware Today, a blog on current developments and proposals in the law and best practices; and answers countless queries by phone and e-mail from citizens, journalists, public officials and employees, and lawyers.
Francke previously served 14 years as executive director and general counsel to the California First Amendment Coalition, after a 10-year post as legal counsel for the California Newspaper Publishers Association. He has served as an advisory panel member to the National Center on Courts and the Media; taught journalism law at the Department of Communication at Stanford University; and served as an expert contributor to the 1994 major revisions to the Ralph M. Brown Act and the 2004 ballot proposition making open government a basic right of citizens under the California Constitution.
Francke is a 1967 graduate of the University of Notre Dame and a 1979 graduate of McGeorge School of Law, University of the Pacific. Prior to his legal career, Francke worked as a weekly newspaper editor and in military and local government public affairs positions.