State Supreme Court upholds conviction of former Beverly Hills schools chief

More than four years after a jury found former Beverly Hills Unified School District Supt. Jeffrey Hubbard guilty of misappropriating public funds, the state Supreme Court has affirmed the decision, according to court records published Thursday.

In January 2012, Hubbard was convicted in Los Angeles County Superior Court of two felony counts of misappropriating public funds while superintendent from July 2003 to June 2006.

He joined Newport-Mesa Unified as superintendent after leaving Beverly Hills and was fired the day after he was convicted.

Hubbard appealed the trial court decision to the state’s 2nd District Court of Appeal, and in 2014 a three-judge panel reversed his conviction.

Prosecutors then petitioned the state’s highest court to review the decision.

The charges stemmed from allegations that Hubbard paid Karen Christiansen, then-district director of planning and facilities, an unauthorized bonus and increased her car allowance while the two worked for Beverly Hills Unified.

Christiansen’s monthly car allowance was boosted from $150 to $500 in 2005. She was granted a $20,000 stipend in 2006, according to court documents.

The main legal question addressed by the Court of Appeal and the state Supreme Court was whether, under state law, Hubbard was responsible for “the receipt, safekeeping, transfer or disbursement of public moneys” in his role as superintendent.

“The core of Hubbard’s argument before us — an argument the Court of Appeal accepted — is that the evidence failed to establish that he was so charged. We disagree,” Justice Mariano-Florentino Cuéllar wrote in the Supreme Court decision.

In their ruling, the justices indicated there was sufficient evidence to convict Hubbard because, as superintendent, he had a degree of control over public money.

Conviction overturned for ex-Beverly Hills schools chief »

Hubbard’s attorney Philip Kaufler contended that others in Beverly Hills Unified failed to follow proper protocols when Christiansen’s compensation was enhanced.

“Jeffrey Hubbard was very transparent in making the request,” Kaufler said. “He sent memos to the assistant superintendent and business services. It was their job to get board approval.”

Hubbard testified in the lower court that he discussed Christiansen’s compensation boosts with school board members in closed meetings. However, the minutes of the meetings did not reflect those conversations.

Two board members testified that they did not discuss or approve the increases. Other district personnel stated they could not remember the payments or whether the board approved them, according to court documents.

The Court of Appeal ruled that because Hubbard lacked the formal authority to approve the payments to Christiansen without board approval, he was simply “the first step in a process that results in the expenditure of public funds,” court documents state.

However, state Supreme Court justices stated that the control of public funds doesn’t need to be an official’s primary responsibility for the law to apply.

Hubbard was sentenced in February 2012 to 60 days in jail and served four. He also was sentenced to 280 hours of community service and three years’ probation and ordered to pay $23,500 in restitution to the Beverly Hills school district and a $6,000 fine.

Had the Supreme Court ruled in Hubbard’s favor, the charges would have been removed from his record.

“There’s nothing more he can do,” Kaufler said. “He already did the community service and fulfilled the court’s requirements. It was really about his reputation.”

Hubbard did not respond to a request for comment.

hannah.fry@latimes.com

Fry writes for Times Community News

ALSO

Beverly Hills Unified has been experiencing a relative decline of substitute teachers

The huge price tag for missing warnings of L.A. teachers abusing students: $300 million and counting

L.A. Unified’s school board wants to use state funds for special education students