The San Marino Unified School District’s Board of Education took the rare and locally unprecedented step at Tuesday’s meeting to create two board committees that, as part of the language used by President Shelley Ryan in presenting the agenda items, specifically forbade the inclusion of Board Member Chris Norgaard.
The Litigation Committee and the Superintendent Evaluation Committee were both officially formed by 4-1 votes, with Norgaard, as expected, casting the dissenting votes.
“The Board will consider whether to appoint a committee to address litigation-related issues pertaining to Board Member Norgaard,” reads item 10.a., which appeared midway through Tuesday’s agenda.
Item 10.b. set the parameters for the Superintendent Evaluation Committee, and states, “The Board will consider whether to appoint a committee to conduct the annual performance review of the Superintendent.” Norgaard again voted against his four fellow board members.
Norgaard was placed on campus restrictions in late January when the San Marino Unified School District and San Marino Police Department investigated what both parties identified as claims of improper conduct and battery. The district’s release implied sexual harassment. Norgaard was reinstated in April when the district’s investigation was concluded. Within a week, however, Norgaard was again placed on restrictions by the district and remains under a separate investigation.
Through his attorney, Norgaard filed a claim against the school district on April 23 citing civil rights violations, defamation of character and a demand to immediately cease and desist releasing any false incriminating information, including allegations of sexual assault or battery. At a special closed session meeting held on April 8, the board unanimously rejected the claim and released a statement supporting the actions of Cherniss and the district’s legal counsel.
Things were contentious again on Tuesday evening as board members told Norgaard it would be a conflict of interest if he were to participate in the annual evaluation of the superintendent while Norgaard had filed a complaint against Cherniss and Linda de la Torre, the assistant superintendent of human resources.
“You have made allegations that lead us to believe you are biased in your evaluation,” Ryan said during the discussion section.
Board Member Nam Jack also weighed in on the matter.
“Here’s the problem,” said Jack, turning towards Norgaard. “Assuming you could or would give an impartial evaluation, the fact that you filed a claim against the district and Dr. Cherniss individually presents an inherent conflict of interest. There is the potential the district would be exposed to liability and the issue really is that conflict of interest… for that legal exposure, we have to do what we think is right because you’ve made a claim against the district.”
Norgaard then challenged the board that if he is unable to make a fair evaluation of Cherniss, he would buy the remainder of the board members dinner, and named several popular local restaurants as possible dining spots.
Board Member Joseph Chang revealed that Norgaard had last year nominated Cherniss for the honor of best superintendent in Los Angeles County.
“But after what happened with you, things changed,” Chang said. “This is a very painful decision, but as a school board member, we have to conduct an evaluation. We are going to ask you not to participate.”
Norgaard then asked if he was allowed to vote on the matter, following up with a quick “no.”
“I am elected by the electors to do this job and the evaluation of the superintendent is the highest or as high of a responsibility that we have.,” Norgaard said. “If we are not here to evaluate, fairly evaluate the superintendent, we are being constructively evicted from our jobs. It’s that simple.”
Ryan on Wednesday referred all questions to the attorney for the San Marino Unified School District.
“The public should be very concerned about this retaliation against Mr. Norgaard for advancing his proper claim,” said Guy Glazier, an attorney who represents Norgaard. “The public should be very concerned that their duly elected official has been unconstitutionally stripped of the functions for which he was elected. The public should be very concerned that they have effectively been removed from participating in the process. The assault continues on Mr. Norgaard’s rights and those of the people he represents.”
The board also heard a presentation from SMHS Principal Dr. Issaic Gates, consultant Liz Hollingsworth and SMHS Assistant Principal Doug Berry on the proposed district-wide wellness initiative and a Titan Wellness Center at San Marino High School. The item is slated to come before the board for a vote on May 22.
