On Oct. 16, Judge Charles F. Adams of the Superior Court of the State of California denied Mary Ann Dewan, the former Santa Clara County Office of Education superintendent, and her legal team’s ex parte temporary restraining order and an Order to Show Cause request on Oct. 14. Judge Adams said that he found it an unsuitable case for a hearing.
The ex parte temporary restraining order could have helped prevent the immediate loss of Dewan’s job and the Order to Show Cause is a court order for the county Board of Education (BOE) to justify its decision. Judge Adams said that Dewan’s legal team did not provide evidence to suggest the BOE had no right to terminate the superintendent. He also said that BOE had the right to put Dewan on involuntary leave.
Dewan was terminated without cause by the county BOE Oct. 3. Trustees Maimona Afzal Berta, Joseph Di Salvo, Grace Mah and Don Rocha voted in favor of firing Dewan while Victoria Chon and Tara Sreekrishnan dissented. Raeena Lari is the only one who abstained. The board has not provided a public statement on why she was fired.
Dewan’s legal team explained in the legal document that the files were issued to prevent the appointment of an interim superintendent as litigation pended, interfering with Dewan’s ability to perform her duties and responsibilities as a public official, and engaging a consultant to hire Dewan’s permanent replacement.They further said that there is no “risk to the public of why Dewan can’t continue with her responsibilities.” Dewan and her legal team have not received response from the court on how the case will proceed.
The BOE legal team claimed in a document submitted to the court that her termination was justified and within Dewan’s employment contract and that in each updated contract, she could face a termination without cause. They continue by saying “that the power to appoint comes (with) the power to remove,” explaining that the employment of a superintendent comes at the will of the board. They also said there is no legal basis to prevent the board from hiring an interim superintendent.
Trustees plan to discuss the appointment of Charles Hinman, a former superintendent in various Southern California school districts, to serve as interim Santa Clara County Office of Education superintendent. His salary would be $74,733.
Board members intend to hire Leadership Associates, a leadership development firm that will help with a permanent superintendent search. The search is going to cost approximately $36,500, which will be divided into two payments. The firm contract is up for approval by the board on Oct. 17.Leadership Associates has also supported local districts in finding a superintendent such as in Los Altos Elementary School District, Morgan Hill Unified School District, Gilroy Unified School, Moreland Elementary School District and Mt. Pleasant Elementary School District.
