HomeMy WebLinkAboutSuspected Misuse of Public Resources by Ocean View School Di (2) ���sSiNGro 2000 Main Street,
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File #: 25-412 MEETING DATE: 5/20/2025
Subject:
Item Submitted by Councilman Chad Williams, Mayor Pat Burns, and Councilman Don
Kennedy - Ocean View School District Board
Recommended Action:
Direct the City Attorney's Office to review the actions taken by the Ocean View School District
Board as they relate to Measures A and B and, if warranted, work with the Mayor to file a
complaint with the appropriate agency.
Attachment(s):
1. Councilman Williams, Mayor Burns, and Councilman Kennedy Memo
City of Huntington Beach Page 1 of 1 Printed on 6/18/2025
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/ City Council Meeting - Council Member Items Report
To: City Council
From: Chad Williams, Councilman
Pat Burns, Mayor
Don Kennedy, Councilman
Date: May 20, 2025
Subject: Suspected Misuse of Public Resources by Ocean View School District
Board
ISSUE STATEMENT
At a recent public meeting, the Ocean View School District (OVSD) Board voted unanimously (5-
0) to adopt a Resolution endorsing a "Yes" vote on Huntington Beach Measures A and B.
Following this action, OVSD Board President Patricia Singer directed Dr. Hoefer to disseminate
the Resolution to all OVSD parents by sharing the document with them. Such conduct raises
serious legal concerns regarding the potential misuse of public resources for campaign
purposes in violation of the Political Reform Act and/or Education Code 7054. Dissemination of
advocacy communications using taxpayer-funded platforms may constitute unlawful
electioneering. This matter potentially undermines the integrity of our electoral process and
misuses public funds and trust. We believe it is in the public interest for the City Attorney to
formally review and, if appropriate, work with the Mayor to file a complaint with the appropriate
agency
RECOMMENDED ACTION
Direct the City Attorney's Office to review the actions taken by the Ocean View School District
Board as they relate to Measures A and B and, if warranted,work with the Mayor to file a complaint
with the appropriate agency.
ENVIRONMENTAL STATUS
Not applicable.
STRATEGIC PLAN GOAL
Non Applicable-Administrative Item
2000 Main Street,Huntington Beach,CA 92648 I www.huntingtonbeachca.gov
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17200 Pinehurst Lane, Superintendent Board of Trustees
�� Huntington Beach, CA 92647 Julianne Hoefer, Ph.D. Patricia Singer, President
Tei: 714 847-2551 Jack Souders, Vice President
Equity and Fax: 714 847-1430 Gina Clayton-Tarvin. Clerk
Excellence- Web:www.ovsd.org Keri Gorsage, Member
Morgan Westmoreland. Member
SUPPLEMENTAL
May 20,2025 COMMUNICATION
The Honorable Pat Burns,Mayor,and Members of the City Council Meeting Date: 5/20/2025
Huntington Beach City Council
2000 Main Street Agenda Item No. 24 (25-412)
Huntington Beach,CA 92648
Attn: Lisa Lane Barnes,City Clerk
lisalane.barnes@surfcity-hb.org
Re: May 20,2025,City Council Meeting-Agenda Item 24
Dear Mayor Burns and Members of the City Council:
We write in response to Agenda Item No. 24 (File #25-412) on the City Council's May 20, 2025,
agenda.
OVSD is dismayed to see that three City Councilmembers have placed this item on the agenda for the
Huntington Beach City Council to "[d]irect the City Attorney's Office to review the actions taken by the
Ocean View School District Board as they relate to Measures A and B and,if warranted,work with the Mayor
to file a complaint with the appropriate agency."
To be clear,as the agenda item notes,the OVSD voted unanimously to adopt a resolution that supports
the adoption of both Measures A and B in the forthcoming special municipal election ballot. This support
from five school board members who span the partisan and ideological spectrum within OVSD is a powerful
statement of community support for the positions about which residents of Huntington Beach should be aware.
Notably, this type of resolution by local agency governing bodies is commonplace. It is stunning to
see that three members of the City Council are unfamiliar with this common practice, especially considering
that the City Council itself acted similarly just last fall, adopting at least two resolutions (Resolution Nos.
2024-43 and 2024-50),expressing the City's position on two statewide ballot measures in the November 2024
election. Indeed, at the October 1, 2024, City Council meeting, the Council repealed by Minute Action a
nearly 50-year policy against taking positions on statewide ballot measures.
Fortunately, the City need not investigate itself for misuse of government funds with respect to
adoption of those resolutions. Resolutions by governing bodies such as the OVSD Board of Directors or the
Huntington Beach City Council supporting ballot measures have long been allowed so long as any
expenditures do not arise to the type of unpermitted campaign expenditures. (Stanson v.Mott(1976) 17 Ca1.3d
206, 222; Vargas v. City of Salinas (2009) 46 Ca1.4th 1, 8 [purpose of Government Code Sections limiting
use of public funds was to incorporate the principles set forth in Stanson]; San Leandro Teachers Assn. v.
Governing Board(2009) 46 Cal.4th 822, 833- 834 [purpose of 1995 amendment to Education Code section
7054 was to incorporate the principles set forth in Stanson];DiQuisto v. County of Santa Clara (2010) 181
Cal.App.4th 236, 275 [holding that de minimis use of public resources was not prohibited under Stanson].)
As to the OVSD's unanimous resolution supporting the adoption of Measures A and B, in order to provide
inclusive, high-quality educational opportunities and resources to all students and families and to safeguard
the public operation of the library in the best interests of the public, that resolution is similarly allowable.
Furthermore,the limited communication of this resolution by the OVSD Board members, its Superintendent,
Mayor Burns and Members of the City Council
May 20, 2025
Page 2
and staff, are all allowed under California law. (Vargas, supra, 46 Ca1.4th at p. 38-39 [Mailing of the city
resolution on the ballot measure, and supporting information in the regularly published "City Round—Up"
newsletter that included updates on numerous city actions,that was not a"special edition"sent"specifically
because of the upcoming election,"where the"style and tenor of the publication . . . was entirely consistent
with an ordinary municipal newsletter and readily distinguishable from traditional campaign material" is
allowable]; DiQuisto, supra, 181 Cal.App.4th at p. 275 [creation of an email regarding the government
official's position on a ballot measure that took 10 minutes to create and"push of a button"to send was de
minimis and not a Stanson violation].)
Notably, however, the City has absolutely no jurisdiction or authority to undertake any type of
"investigation"into the actions of the OVSD. OVSD is not under the control of the City and not subject to its
jurisdiction. The City Attorney has no authority to seek enforcement of state laws regarding campaign fmance
and public funds. Individuals are welcome to file any complaints with the Fair Political Practices Commission
("FPPC"), which the FPPC will promptly dispose of. But it is the City that would be engaging a waste of
public resources were it to pursue this matter.
To be clear, if the City approves such an investigation, OVSD will not cooperate in any way,
shape,or form.
This waste of public resources,however,seems to be a pattern by the City Council. Two weeks ago,
the Council ordered a similar"investigation" into the not-for-profit Friends of the Huntington Beach Public
Library as to its tax status under the jurisdiction of the Internal Revenue Service ("IRS"), and two political
action committees that support Measures A and B under the jurisdiction of the FPPC. This appears to be
nothing more than an effort by members of the City Council to improperly and illegally use the City's
resources to intimidate its political opponents and seek retribution. These actions may well violate both federal
civil rights laws, 42 U.S.C., § 1983, and California law protecting persons from threats of intimidation or
coercion in the exercise of their civil rights,Civ. Code, § 52.1.
We encourage the City Council to reject this measure and to cease engaging in such improper activities seeking
retribution against political opponents who support Measures A and B. Please contact me if you have any
questions.
Sincerely,
Julianne Hoefer, Ph.D.
Superintendent
Patricia Singer
President,Board of Trustees
c: OVSD Board of Trustees
City Manager,City of Huntington Beach
Huntington Beach City Council Meeting May 20, 2025
Agenda Item 24, No. 25-412
I am glad that the Ocean View School District has passed a
resolution supporting Measures A & B and our award-winning
library system.
Parents, not politicians, should remain in charge of their
family's reading choices. Libraries should always remain
places free from political influence, open and welcoming to
all.
Make no mistake. The City Council is in the process of
attempting to implement a "Christian Nationalist" agenda
item with their opposition to Measures A and B, in concert
with the current administration's nationwide effort to
undermine our public institutions, including public schools
and libraries.
They want to control what you think and what you are
allowed to think. All in Jesus' name.
They want to inflict their version of morality, their version of
"Christianity" on the people of Huntington Beach.
They want to control what you read and think.
They want to take away our freedoms.
They want to take us backwards.
They are the "American Taliban".
Vote YES on Measure A to keep parents in charge of their
family's reading choices!
Vote YES on Measure B to ensure our libraries always provide
FREE and EQUAL access to resources for ALL of our residents.
Harry McLachlan, HB Resident