Official’s firing spurs legal action

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Last week’s firing of Santa Clara County Superintendent Mary Ann Dewan touched off protest from supporters and a lawsuit from her attorneys saying the action from the county Board of Education was unconstitutional.

The board, in a 4-2 vote Oct. 2, terminated Dewan without cause. Trustees Maimona Afzal Berta, Joseph Di Salvo, Grace Mah and Don Rocha voted in favor of firing Dewan while Victoria Chon and Tara Sreekrishnan voted no. Trustee

Raeena Lari is the only one who abstained. 

The termination without cause was not included as an action item on the meeting agenda, according to a Thursday press release. Dewan was effectively placed on a 30-day paid administrative leave and offered a severance based on her salary. According to Dewan’s recent employment contract in 2022, her base pay was $395,373.18.

Dewan, a longtime Los Altos resident, has served in education for 37 years. She has served as the county superintendent since 2018 and was the former deputy superintendent for five years prior. In her role, she was the administrator of the county Office of Education, providing them updates on her duties, advising board members with their decisions and setting education goals and policies. 

According to her biography, she advocated for early learning services, health and education. She also set out to serve underserved communities and vulnerable youth. Dewan connected to community members on her social media page through the monthly Superintendent’s monthly minutes, informing the public of the latest issues in the district and news prevalent to them.

“It has been a complete honor and privilege to serve Santa Clara County, its schools, community, staff and students,” Dewan said in a press release. “I have dedicated my life to service of our community and hold the work of the county Office of Education in high esteem. I am incredibly proud of all we have done together to advance equity, inclusion, diversity and partnership.” 

Reasons for dismissal were not forthcoming. Some critics of Dewan cited issues ranging from not meeting some students’ special education needs to a misuse of Head Start funds and retaliation at whistleblowers. Dewan’s office said the Head Start funding issue was an accounting error.

On Friday, Dewan’s attorneys fired back at the board with a demand that she be reinstated or the county office would be sued. Attorneys allege the board had no authority to fire Dewan because she is not technically serving the board as a public employee.

There have been mixed opinions on Dewan’s departure. On Friday, protesters, made up of parents, board members and community leaders, met out front of the Santa Clara County Office of Education both in favor and against Dewan. 

State Senator Josh Becker spoke in favor of Dewan at the protest’s press conference.

“As a Senator, I rely on the partnership that I have with the Superintendent and her team at the county Office of Education,” Becker said. “Her depth of knowledge and local insight have been a reliable source of guidance for my office. The termination of this highly regarded superintendent without cause and public input by four members of the Board of Education Trustees deeply concerns me.”

Dewan’s attorney’s also allege the board may have violated the Ralph M. Brown Act, a California law that requires governmental bodies to have transparent public meetings. 

Her attorneys’ letter to the board alleges the board met several times since July with an attorney in closed session to discuss anticipated litigation. 

Dewan’s legal team said trustees failed to have a basis on why they met together without the superintendent’s knowledge. 

Meanwhile, the board is now in the process of finding a new superintendent. 

Associate Superintendent Jessica Bondorius will fill the role of interim superintendent once the position has been filled. Board members said they will provide updates in the upcoming weeks regarding the search.

Dewan’s firing comes just after news of a recent superintendent of the year honor that she received from the California county superintendents. For more on that story, see the Oct. 9 school section on page 23.

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