Board Is Accused of Violating State Law

A legal complaint filed Monday against the Ventura County Community College District contends that the $203,000-a-year contract awarded to Chancellor Phil Westin was approved in violation of the state’s open-meetings law and should be declared invalid.

The complaint alleges that the district’s board of trustees failed to properly notify the public on its May 28 agenda that it would be considering a salary increase for Westin, according to the grievance filed on behalf of local taxpayers. The board also made the decision in closed session, the complaint contends.

Under the Brown Act, the state’s open-meetings law, a public board may hold closed sessions to consider the performance evaluation or dismissal of an employee. But decisions regarding salary increases have to be made in open session, according to the complaint.

“The VCCD Board violated the Brown Act in considering and acting on the salary increase issue and such action must therefore be declared null and void,” states the complaint, jointly filed by the Quisenberry law firm of Los Angeles and Benton, Orr, Duval & Buckingham of Ventura.

Gerald Leavitt and Gerard Kapuscik are named as plaintiffs in the legal action, which demands that Westin’s contract be revoked on behalf of “all taxpayers of Ventura County.”

A district spokesman was not available to comment on the complaint, the first step before a lawsuit can be filed.

Paul Stevens, an attorney with Quisenberry, said the complaint provides a way for the board to move against Westin and spend as little taxpayer money as possible.

“It really gives the board an opportunity and a lot more freedom to deal with the chancellor,” Stevens said.

Trustees awarded Westin a $30,000 pay increase in May, saying it would make the chancellor’s salary more competitive with other college districts.