Misconduct Accusations Reinstated in Schools Case

An appeals court Monday reinstated “willful misconduct” accusations against three Orange Unified School District trustees, but their attorney declared that he will ask the state Supreme Court to reverse the ruling.

The action affects school board members Joe J. Cherry, Ruth C. Evans and Robert J. Elliott, all of Orange. They were accused by the 1986-87 Orange County Grand Jury of failing to supervise school district business adequately, thus allowing a contract bid-rigging scandal to take place in the early 1980s.

Orange County Superior Court Judge Donald A. McCartin threw out the case on Nov. 13, 1987, ruling that because the board members had been reelected to new terms, they could not be tried on the misconduct accusation involving a prior term.

The 4th District Court of Appeal disagreed in Santa Ana on Monday and overturned McCartin’s ruling.

Unless the state Supreme Court reverses Monday’s ruling, the three school board members will again face trial in Orange County Superior Court. The trial would be on a seldom-used “willful misconduct” accusation--a civil case in which the only punishment is loss of office.

Charles C. Lee, a Los Angeles attorney representing the school trustees, said Monday, “The three school board members respectfully disagree with the Court of Appeal decision, and it will be appealed to the California Supreme Court.”

Elliott said by telephone that he has no additional comment. Evans and Cherry could not be reached for comment.

The board has seven members; the other four were not in office at the time of the scandal.

The overall case involves the biggest county school scandal of the last decade. According to the grand jury and court documents, a school district employee in the early 1980s set up a scheme to rig school repair and construction contracts. The court documents said millions of dollars in contracts went to selected contractors, who in turn gave kickbacks and other favors to the employee and his wife.

The 1987 Orange County Grand Jury brought criminal charges against former Orange Unified School District maintenance supervisor Steven Presson; his wife, Elizabeth, and contractors William A. Gustafson and Ronald Brock. The four were charged with misappropriation of public money and involvement in the contract rigging.

None of the four has gone to trial. There have been repeated delays, as their attorneys have asked for more time to study evidence gathered by the county district attorney’s office. The defendants face prison terms if convicted. The grand jury did not accuse the school board members of criminal wrongdoing or directly tie them to knowledge of the contract scandal.

But the grand jury said the school board members had, in effect, not been minding the store adequately, so they should be ousted.