3 Temecula Valley USD Board Members Called Out On Brown Act

UPDATE: On Feb. 9, a press release was issued by Temecula Valley Unified School District executive board members President Joseph Wayne Komrosky and Clerk Jennifer Wiersma. The release read in full: "The Board is in receipt of two recent complaints alleging a violation the Brown Act on January 31 during a regular board meeting regarding Action Item #16. At first blush, we believe the complaints lack merit. Nonetheless, we take these types of complaints and compliance with the Brown Act seriously, and the Board will provide a formal response within the time limits prescribed by applicable law after inquiry into the matters alleged and consultation with counsel."

RIVERSIDE COUNTY, CA — An allegation that three new Temecula Valley Unified School District board members violated California state law less than two months into their tenures was raised to the attention of the Riverside County District Attorney's Office and local law enforcement.

During a contentious Jan. 31 meeting of the TVUSD governing board, Trustee Allison Barclay addressed a possible Brown Act violation by Trustees Joseph Komrosky, Jennifer Wiersma and Danny Gonzalez. The three board members were elected in November.

The purpose of California's Brown Act is to avoid secrecy in government. Under the act, board members are prohibited from engaging in any form of communication with each other outside of a public meeting that leads to a majority developing a concurrence on a vote.

Komrosky, Wiersma and Gonzalez admitted during Tuesday's meeting that they each had discussions with Attorney Jonathan Brenner. It's not clear what was said in the conversations or whether there was any discussion between the three board members. It's also unclear whether the three board members spoke to the attorney individually or collectively.

Minutes after their admissions, the three trustees voted to retain Brenner, a partner at the law firm Epstein Becker Green, to advise the board on legal matters. Trustees Barclay and Steven Schwartz voted against the action.

Brenner will be paid an hourly rate of $620. Additionally, other attorneys and/or legal assistants who may assist him will be billed at hourly rates ranging from $325 to $620 and from $195 to $275, respectively, according to TVUSD documents.

Brenner told the board he will not be representing the district but, instead, his client will be the TVUSD board.

The district will pay his fees.

Komrosky, who serves as board president, led the effort to retain "temporary and/or specialized legal counsel." His reason was that he did not have trust in the TVUSD's current legal counsel, he said during Tuesday's meeting. He did not cite specifics.

Komrosky, Wiersma and Gonzalez have faced criticism since taking their seats on the board late last year. The election campaigns of all three were backed by the Inland Empire Family PAC, which works "to stop the indoctrination of our children by placing candidates on school boards who will fight for Christian and conservative values."

During the Dec. 13 TVUSD board meeting — the first for the three newly elected trustees — the trio voted to adopt a resolution banning the teaching of critical race theory in Temecula schools. Student protests ensued on all three TVUSD high school campuses.

Komrosky then called a special TVUSD board meeting for Jan. 18 to discuss "temporary, specialized legal services for unique issues or emergency situations." The financial impact on TVUSD taxpayers was "unknown," according to the Jan. 18 agenda.

Given the lack of clarity about the meeting and its apparent urgency, trustees Barclay, Gonzalez and Schwartz voted to reject the agenda and a quick adjournment followed.

The issue of hiring an outside attorney was then placed on Tuesday's meeting agenda.

Whether Komrosky, Wiersma and Gonzalez definitely violated the Brown Act is murky. Brenner told the board Tuesday he believes the three did not.

Barclay accused the three trustees of having a "serial meeting," which is illegal under the Brown Act. Serial communication involves a series of discussions, each involving less than a quorum of the board, but when taken as a whole, involves a majority of the board.

The district's current legal counsel said he was not privy to the trio's conversations, but "anytime a majority of the board speaks to an intermediary outside of an open and noticed meeting it creates a potential perception ... that a Brown Act violation has occurred and creates a scenario that opens the door to potential 'cure and correct' demands. ... If future issues are brought to light, it raises the potential for oversight from the Riverside County District Attorney's Office."

The political action committee One Temecula Valley has called for a "cure and correct" regarding the alleged Brown Act violation. The PAC also sent a Feb. 2 letter addressed to Temecula Chief of Police Chris Durham and Riverside County District Attorney Mike Hestrin. The letter requests an investigation into a possible Brown Act violation by the three board members.

Patch reached out to the D.A.'s office but did not receive an immediate response.