October 6, 2006

ESUHSD issues censure to board member Patricia Martinez-Roach

Board upset by “rude behavior” at May 25 board meeting

By Carol Rosen
Staff Writer

At a special board meeting on Oct. 3, the East Side Union High School District Board of Trustees censured fellow member Patricia Martinez-Roach by a vote of 4 to 0, with Martinez-Roach abstaining. The board accused Martinez-Roach of verbally offending and physically accosting Board Vice President Lan Nguyen at the conclusion of a May 25 board meeting.

“I think it’s okay for someone on the board to feel strongly and passionately about an issue,” said Nguyen. “But what she said was most inappropriate. She singled me out as an English language learner and said I couldn’t pass the high school exit test, so how could I expect English learners to pass it.”

“I didn’t respond because there were parents and students present,” he added.

But later, following the meeting and after “I didn’t vote the way she wanted, she poked me aggressively in the back and then waved a finger in my face and used angry words telling me ‘I should be ashamed of myself.’ I didn’t know what to say; she caught me off guard,” he said.

Her actions were inappropriate because it was an open session he said, in agreement with board clerk Craig Mann.

“She was kind of out of control, maybe a little too passionate,” Nguyen said.

But, passion shouldn’t be used to criticize others, he added.

“I see myself as a calm person, and I can take lots of heat. But I felt uncomfortable and lots of the staff and audience were [also] upset by her remarks and her behavior,” Nguyen said.

Martinez-Roach disagrees
Martinez-Roach said she was devastated by the censure and that she felt the board was trampling on her first amendment rights.

“We were discussing a sensitive issue involving students,” she said.

Additionally, the Hanson Bridgett Law Firm cleared her of any “wrong doing.” Instead, she said that she’s a victim of discrimination because she’s the only woman on the board. She also claims that the moves are political, coming about a month before the Nov. 7 election. Martinez-Roach is on the ballot with incumbents Manuel Herrera and George Shirakawa as well as candidates Frank Biehl and Rueben Dominguez for three open seats.

Martinez-Roach said she’s lived in the Evergreen area for 35 years and participated as a school board member for 21 years, between the Alum Rock School District and ESUHSD. She currently teaches Kindergarten in the Franklin McKinley School District and teaches ESUHSD adult education as well. She also works as a parent trainer and workshop facilitator and serves on the Metropolitan Education District board of trustees.

Martinez-Roach currently chairs the budget, grading, re-engineering/business/warehouse/information systems, human resources, curriculum, parent involvement and technology committees for ESUHSD.

The Exit Exam subject seems quite important to Martinez-Roach. She said she wants “to protect and do right by the students. I think that students whose grades are okay and who have passed their required number of classes should be allowed to graduate. I was the only [East Side Union] board member to ask the state for a waiver for this year. I felt very strongly about this.”

Martinez-Roach said she was pleading with Nguyen to change his vote and to think how this would have affected him and his wife if they were facing it when they were immigrants.

“I allegedly hit him during the meeting. I actually touched him on his back to get his attention. I waved my finger and said ‘shame on you,’ but I never did anything else,” Martinez-Roach said of the incident.

“I’ve been critical of the district wasting taxpayer money for years. This [investigation and censure] is a questionable financial expenditure and I’m the only board member to point that out,” she added.

Attorney recommendations
A report by Hanson Bridgett Law Firm Attorney Mike Moye concluded that the board has no procedure under the bylaws for disciplinary action. In addition, he said the evidence does not show any violations of the California Penal Code, nor does poking someone in the back constitute battery.

“We do not find that the events of the May 25 Board Meeting rose to the level of a violation of policy or statute. Nor do we believe the Board has sufficient procedure rules in place to initiate any formal disciplinary action against member Martinez-Roach,” the report stated.

It also suggested the board amend its bylaws to develop more specific guidelines for appropriate behavior at board meetings as well as setting up penalties for members that disregard inappropriate behaviors.

Finally, the report suggested a couple of steps the board could consider to address the concerns of the incident.

“A majority of the board is free to resolve that the conduct surrounding the May 25 meeting is inconsistent with board expectations….A majority of the board is free to resolve that the comments of Member Martinez-Roach in the May 25 meeting don’t reflect the views or purposes of the board,” the report stated.

Still, the board decided to censure Martinez-Roach on Oct. 3 “for her inappropriate conduct” at the May 25 board meeting.