Laguna Beach school board releases report reviewing protest at meeting

The Laguna Beach Unified School District Board of Education has released a report following an investigation into the events and safety protocols surrounding a rally and board meeting that occurred on May 14.

Board members, by a 5-0 vote at their Sept. 10 meeting, agreed to release the findings from the environmental assessment and investigative report.

At the request of the district’s general legal counsel, Dannis Woliver Kelley, consultants Ruth Perez Ashley and Thomas Hickman were assigned to carry out the investigation, which came at a cost of $15,000, according to a district spokesperson.

In making the report out of closed session, Board President Sheri Morgan said the investigation included an assessment of existing procedures and made recommendations to strengthen safety protocols, while ensuring compliance with the 1st Amendment and applicable laws.

The investigation followed a week that saw a shakeup in district leadership, with the board voting, 3-2, on May 12 to execute a separation agreement with then superintendent Jason Glass. New superintendent Don Austin was appointed, again by a 3-2 vote, two days later.

At the May 14 meeting, demonstrators chanted “Shame on you” as board members entered the meeting room. Heated remarks were also directed at Morgan, Board Clerk Dee Perry and Howard Hills, who had cast the deciding votes.

“These people had so much hate in their eyes because they didn’t like how I voted,” Perry said of her arrival in the report. “One protester came at my face and startled me.”

Conclusions from the report, dated Aug. 24, stated the “demonstration was an exercise of First Amendment rights that was intense, loud, and targeted at specific board members who felt intimidated and harassed,” but it found no evidence of criminal activity or intent to physically harm those present.

Further, investigators concluded that while the board meeting was “louder and more disruptive than usual,” evidence showed it remained nonviolent.

Early reports had claimed Perry fell while being blocked in her attempt to enter the board room, investigators said. Video footage and testimony from witnesses, the report noted, demonstrated Perry walked toward a parent and stumbled into her.

Perry told investigators, “It was me; I lost my balance,” according to a statement provided in the findings.

Morgan likened the walk through the protesters to a “gauntlet” and a “walk of shame.” She was escorted from her car into the board room by two police officers.

Video footage also showed protesters “directing derogatory comments” at Hills.

“I could hear students shouting into the library,” Vidal said in the report. “When I went in there, I saw Howard Hills getting ready for closed session. I heard students shouting, ‘Shame on you. Shame on you.’ … I went to the doorway and stood there.”

Thurston Middle School principal Joseph Vidal “took measures to ensure children and adults on campus were safe” in not allowing the protest to begin until after student dismissal, the report concluded. He notified school resource officers and supervisory staff to watch campus activity. Vidal reported that the public complied with direction in not arriving until the specified 3:30 p.m. timeframe and buses had left campus.

“I said, ‘You guys don’t be yelling in here please,’” Vidal shared in his testimony. “They did comply the first two times, then peeled off. Another student/child was there and an older kid kept doing it over and over again. At that point, it calmed down, and with me standing there. I then went to the [school resource officers] to tell them that kids were getting unruly.”

The report notes police estimated approximately 100 parents, students and district staff protested prior to the meeting at the Thurston Middle School library, noting that some witnesses placed the number of protesters at about 200.

Beginning July 13, investigators conducted interviews with 14 individuals, a list that featured all board members, including James Kelly and Joan Malczewski, Laguna Beach Unified Faculty Assn. President Scott Wittkop, California School Employees Assn. local chapter president Thasa Zuziak, district administrators, and a few community members and parents.

Video footage and screenshots provided by the district and individual witnesses was also reviewed, which showed the movement and shouting of protesters, as well as the moment of arrival of certain board members.

Recommendations provided in the report called for greater structure in the district’s safety protocols. The report called out a lack of systems to address protests at meetings, noting there was not a designated area for demonstrators to clear a path to the board room. Protesters were also allowed to step behind the dais to place signage on bookshelves before board members returned from closed session.

District officials met with city leaders, including City Manager Dave Kiff, Police Chief Jeff Calvert, and the city’s legal team, on May 19, according to the report. Assistant Supt. Manoj Roychowdhury corresponded with district staff, police and community members regarding safety protocols on May 21.

Those efforts resulted in reserved parking spaces for board members, restricted-access signage, and a separate and secure point of entry into the library for board members by June 3. There were also restrooms dedicated to board members and authorized personnel, as well as crowd management and ingress/egress protocols put into place.

The report proposed a steering committee to develop and implement a plan to maintain order during public board meetings, an alternative venue for the governing body’s meetings, and establishing security roles through training and refined law enforcement agreements. A written statement, prepared by legal counsel, for the board president to recite in certain circumstances to maintain decorum was also recommended.