College trustees part of Brown Act witness list

Three Yuba Community College Districttrustees are among witnesses an employee plans to call in his legal action contending a closed-door session about him violated the state open meeting law known as the Brown Act.

The trial in the legal action brought by counselor Jesse Ortiz against the college district is scheduled to start Monday in Yolo County Superior Court.

A December decision by Judge Samuel T. McAdam in the case won praise from the college district for allowing officials to properly defend themselves while preserving the confidentiality of closed-door sessions.

Trustees are strongly committed to the Brown Act, the college district said in December, noting that the judge ruled testimony by trustees about the session will be sealed.

The college district also said it has prevailed on seven of eight actions filed by Ortiz, a counselor at the Woodland Community College, part of the Linda-based district. The court dismissed seven of his actions before trial, the district said.

Ortiz contends trustees improperly discussed his employment during a June 15, 2005, meeting in closed session. Trustees Alan Flory, George Nicholau and Xavier Tafoya have been subpoenaed.

Chancellor Nicki Harrington and Al Alt, vice chancellor of administrative services, are also listed as potential witnesses in the case.

The issue over the Brown Act is the second involving the college district.

Trustees earlier this month rescinded a $29,282 raise for Harrington after citing what they said was a a public perception that their January announcement about her salary increase after a closed-door session violated the act.

The Feb. 3 action addressed concerns about whether the board had violated the act in January, trustees said.