The San Dieguito Union High School District (SDUHSD) board deadlocked 2-2 on a Brown Act complaint. The apparent state deadline to resolve the matter falls Thursday, Oct. 15.

Trustee Michael Allman filed the complaint Sept. 15, accusing Board President Jane Lea Smith, Vice President Rimga Viskanta and Clerk Jodie Williams of violating California's open meeting law. The allegation stems from a video showing the three trustees at an Aug. 30 campaign event for candidate Amy Flicker, where they were recorded discussing the board majority's control over agenda items Allman had requested, including classroom observation and curriculum oversight, as first reported by the San Diego Union-Tribune.

"There is a deeper disrespect here, and it is not personal," Allman said. "It is disrespect to the public. Open meetings exist so the public can watch this board consider real items, engage in real debate, and take recorded votes that give staff clear direction."

Special meeting ends in stalemate

At a special meeting on Sept. 24, the board split 2-2 on two separate proposals to address the complaint. Williams was absent.

The district's attorney, Brandon Lallande of Fagen Friedman & Fulfrost LLP, drafted one letter that did not concede a violation occurred but committed the board to "cease, desist from, and not repeat the challenged past action." Smith and Viskanta voted in favor. Allman and Trustee Phan Anderson voted against.

Allman offered an alternative letter that he said acknowledged and expressly admitted the violation. Only Allman and Anderson supported it.

Smith called the district counsel's letter the "most legally sound, conservative approach" to avoid litigation. The letter argued that no decisions were made, no consensus was reached and no board action was taken at the campaign event.

Anderson directed sharp criticism at Smith and Viskanta after both letters failed.

What the law requires

Under California Government Code section 54960.1, a public agency has 30 days from receipt of a cure-or-correct demand to act or face potential litigation. Lallande said the item can return at a future meeting, but the board's next regularly scheduled meeting falls on Oct. 15.

The dispute traces back further. At the Sept. 10 board meeting, Allman announced the complaints and accused the three trustees of coordinating to classify his SAT-testing proposal as an informational item rather than an action item, preventing a formal vote. In a Sept. 20 report by NC Pipeline, Smith denied any conspiracy, stating that "agenda decisions are governed by board policy, not by any individual trustee or group."

What's at stake locally

SDUHSD serves Torrey Pines High School, Canyon Crest Academy and other campuses across Del Mar, Solana Beach and Encinitas. If the board cannot resolve the complaint by the deadline, the district could face a lawsuit to void the challenged action.

Williams has not publicly commented on her absence from the Sept. 24 special meeting or on the allegations. The Oct. 15 board meeting agenda has not yet been published.