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| Office of the Chancellor / Public Affairs |
Wednesday, January 28, 2004
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Long Beach Press-Telegram 1-28-04 LBCC official sues Academic Senate over vote |
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| A Long Beach Community College administrator has sued the school's Academic Senate, saying the faculty body acted illegally and inappropriately when it passed a "no confidence' vote against her last September. Mary Callahan, the school's vice president of academic affairs, sued the Academic Senate and its president, Janice Tomson, claiming the group violated an open- meetings law and went outside its jurisdiction when it discussed the "no confidence' motion in closed and open sessions. The Academic Senate violated the Ralph M. Brown Act an open-meetings law by not allowing Callahan's lawyer to speak at the Sept. 19 meeting in which the "no confidence' motion passed, the lawsuit alleges. The group also held several illegal closed sessions about Callahan's performance in which it failed to give her an opportunity to be heard, the lawsuit claims. "The conduct of the Academic Senate was illegal,' said Callahan's attorney Doug Otto. "And they'd been warned that it was illegal and yet they persisted.' The lawsuit seeks to have the motion voided and to prevent the Academic Senate from evaluating Callahan's performance in the future. The suit also demands to be reimbursed for attorney's fees and court costs. Otto is running for a seat on the LBCC Board of Trustees in the April 13 election. Some have questioned how the lawsuit would affect Otto's relationship with the faculty if he were to be elected. The Academic Senate's "no confidence' motion passed by a vote of 27 in favor, four opposed and one abstention cited a lack of shared governance, collegiality and consultation with faculty. The motion came in response to a proposal to change class schedules and reorganize five schools within the college. "We were unable to work with her to resolve problems,' Tomson said. Tomson's attorney, Wendy Gabriella, says the Academic Senate acted properly and may not even be subject to the Brown Act. "This is sheer intimidation and threat, if not bullying, which is designed to kill the speech and expression of the faculty,' Gabriella said. Tomson says Otto has a conflict of interest. "He's representing Dr. Callahan, who is suing the Senate and the Senate is part of the district,' Tomson says. "And he's running for the Board of Trustees. It all seems a little odd to me.' Otto, who was escorted by police out of the Sept. 19 meeting after protesting the vote, says he may turn over Callahan's case to another lawyer. "I don't think it's necessarily a legal conflict of interest but I believe there is a perception that it's a conflict of interest,' he said. "If I was elected, I don't think this lawsuit or my representation of Ms. Callahan would affect in any way my ability to represent the interests of Long Beach City College, including the faculty.' |
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