Journalist-turned-commentator Marsha Sutton reveals her biases regarding school attorney Dan Shinoff and Del Mar USD's firing of its superintendent

See all posts re Del Mar Union School District.

Five will get you ten that Marsha Sutton was all worked up emotionally after talking to Dan Shinoff when she wrote the article below. Did the whole MiraCosta College fiasco completely slip her mind when she wrote it? In the article Ms. Sutton wrote one of the most bizarre sentences I have ever read from a school journalist:

Can we use common sense and ask ourselves why the board would proceed with firing McClain if it were not evident – not unanimously evident – that there have been legal violations?

Good heavens, Marsha. You know very well, and have failed to report, that other school administrators have committed legal violations and not been fired. And most firings are done for political reasons. So the answer is NO, Marsha. We can not assume that there have been legal violations.

Shame on you for publishing such a statement. Do you also assume, Marsha, that everyone charged with a crime has committed one? I have to wonder if you're taking your instructions, as seems to have happened in at the San Diego Union Tribune and North County Times as well as the Chula Vista Star-News (click on name of paper to see examples) from Del Mar USD attorney Dan Shinoff. A judge found that Shinoff himself had violated rules of professional conduct when representing MiraCosta College, but Shinoff wasn't fired. So why are you pretending that a school firing is necessarily due to legal violations as opposed to politics? And why are you pretending that illegal actions normally lead to firing?

Later in the same article Marsha comes up with another doozy:

And why is one speaker’s offhand comment that this action could cost the district $500,000 repeated in the press as if it were an accepted fact? How often, if ever, was it pointed out that not a dime would be spent if McClain was released for cause? Five will get you ten that that $500,000 pulled-from-the-air figure will grow to $800,000 or even $1 million before the month is out.

Maybe, Marsha, the speaker knows that Shinoff advised MiraCosta College to give $1.6 million to Victoria Richart when she hadn't even filed a claim. And you know very well that releasing someone for cause often results in expensive lawsuits.

Finally you let us know that you are relying on the authority of a single man whom you cravenly admire. Why didn't you refer to actual cases in writing this article? Here are you own over-the-top words:

Can we ask why one of the most highly regarded education attorneys in San Diego, Dan Shinoff, feels confident that McClain violated her contract, and perhaps the Brown Act and other breaches as well? Does it make sense that the board would, on a whim, do this without solid legal grounds?

Marsha, school board generally do what Dan Shinoff tells them to do. They rely on him. But neither the Superior Court nor the California Court of Appeal always backs up Shinoff's determinations. Schools who do what Shinoff tells them to do often end up much poorer. Did the whole MiraCosta fiasco completely slip your mind when you wrote this article?

Marsha, I don't see how you can pretend to be an unbiased journalist regarding legal affairs in schools in San Diego after writing this article. You should stick to commentary from now on. And I am disappointed in SDNN now that I know what kind of an education editor it hired. It seems that Voice of San Diego is the only major publication in San Diego with any journalistic ethics.



Sutton: Can we withhold judgment on Del Mar?
By Marsha Sutton, SDNN
April 9, 2010

It was during my just concluded 10-day vacation in Washington, D.C., visiting all the historic sites and the exquisite cherry blossom trees (by chance, we caught them blooming during the three days each year when their breathtaking floral beauty is at its peak), that the Del Mar Union School District exploded into the news. But unlike the blossoms, this explosion is hardly of the beauteous kind.

For months I’ve been asking and waiting and asking again, to see when and if the deed will get done, only to learn that the board took action and released former superintendent Sharon McClain while I was away.

I’ve covered the Del Mar Union School District closely for the past 15 years, and have witnessed the rise, and fall, of former superintendents Rob Harriman and Tom Bishop. Both men reigned supreme until they were both dismissed by their school boards under clouds of suspicion, the reasons for which were never formally revealed. And now we have the demise of a third.

The reports so far on this latest firing have offered readers an infuriatingly limited presentation of the problems confronting the DM district.

San Diego: I would ask all those who are following this drawn-out saga to suspend judgment until all the facts, those facts that professional journalists should have reported but failed to extract, can be revealed.

Depressingly, the reports to date reflect a hell-bent, torches and pitchforks mission that does little to provide people with accuracy and balance. I plead for patience because everything I’ve read so far has served only to increase hysteria.

During these last few days of spring break, can we have patience? Can folks hold off on condemning this board until more facts have been exposed?

Can we use common sense and ask ourselves why the board would proceed with firing McClain if it were not evident – not unanimously evident – that there have been legal violations?

Can we ask ourselves why board president Comischell Rodriguez, after months of apparent agreement, would suddenly decide at the last board meeting to switch her position and vote against the board majority? Is this an act of integrity, to suddenly flip-flop and play to the political arena? Or was there some new evidence revealed that only she was privy to?

Can we ask why Steven McDowell inexplicably abstained? What’s up with that? Cowardly? Or something borne of conviction?

Do Rodriguez’s and McDowell’s actions now put the board at greater risk for litigation? A unanimous decision to vote her out is quite different than a 3-1-1 vote. By flopping and flipping and crumbling to please the crowd, without regard to the law, is McClain’s case strengthened?

Can we ask why one of the most highly regarded education attorneys in San Diego, Dan Shinoff, feels confident that McClain violated her contract, and perhaps the Brown Act and other breaches as well? Does it make sense that the board would, on a whim, do this without solid legal grounds?

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And why is one speaker’s offhand comment that this action could cost the district $500,000 repeated in the press as if it were an accepted fact? How often, if ever, was it pointed out that not a dime would be spent if McClain was released for cause? Five will get you ten that that $500,000 pulled-from-the-air figure will grow to $800,000 or even $1 million before the month is out.

Questions to ponder.

Meanwhile, I’m going to reflect on the memory of that one last look at the carpet of cherry blossoms falling off the trees like so much drifting, snowy confetti – grateful for the few days of respite, ironically taken in our nation’s capital, from the political turmoil of a tiny school district three thousand miles away.

[Maura Larkins' comment: You didn't smoke some of those cherry blossoms, did you, Marsha?]

SDCERA lawyers screw up big time, and Voice of San Diego's Rob Davis does their legal research

It seems that the California Bar Association has given law degrees to several people who shouldn't have them. But that doesn't explain why SDCERA would hire such people, does it? Perhaps the answer is suggested by the name of Rob Davis' blog: "In the muck."


Outsourcing to Pension Consultant Is Illegal, Attorney Says
April 1, 2010
Rob Davis
Voice of San Diego

Two weeks ago, when the county pension fund agreed to solicit offers to outsource its 10-member investment team, Lee Partridge planned to submit a bid.

Partridge, the San Diego County Employees Retirement Association's top investment consultant, had the blessing of the organization's attorney, Steven Rice. Even though Partridge had proposed creating the work, which would've paid his company more than $10 million annually, SDCERA's attorney said it was legal for him to bid. A perceived conflict existed, Rice said, but not an actual one.

Then I asked questions about whether Partridge's bid would violate a specific law that prohibits government employees from benefiting financially from contracts they're involved in creating. I found a state Attorney General's opinion that suggested it would be illegal.

I gave the opinion to County Supervisor Dianne Jacob, a pension board member, who in turn asked for a legal analysis of my questions.

Today, the board got its answer: What it wanted to do is illegal. Partridge can't get the work...