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Santa Clara County Superintendent of Schools Mary Ann Dewan has filed a lawsuit against the county Board of Education after trustees voted to fire her in closed session.
Trustees last week voted 4-2 behind closed doors to terminate Dewan’s contract “without cause upon 30 days written notice.” But Dewan has come back swinging as she seeks to claw her way back to the position in a lawsuit filed Tuesday, alleging the board had no authority to fire her because she was appointed. She claims she is not technically employed by the Santa Clara County Office of Education — but rather she is a constitutional officer.
Dewan, an education columnist for San José Spotlight, is represented by San Jose-based law firm Lathrop GPM, and is asking the Santa Clara County Superior Court to make a judicial declaration to determine how the case should proceed.
The lawsuit states that, “(Board of Education trustees) had no authority to terminate the Superintendent with or without cause under the law, the 2022 Agreement or the September 2018 Agreement and any such termination is null and void and of no legal effect.”
But Area 4 Trustee Joseph Di Salvo said the contractual agreement allows for Dewan to be terminated without cause. He was among the four who voted to fire Dewan.
Dewan voluntarily entered into the employment agreement with the Santa Clara County Office of Education as superintendent of schools on Sept. 19, 2018, and Di Salvo said the agreement clearly states Dewan can be let go upon 30 days notice.
Steven A. Ellenberg with Lathrop GPM said the employment agreement is not valid because Dewan was not employed by the board of education.
“It’s not an employment relationship. The superintendent is by law, a constitutional officer, separate and apart from the board of education, which is separately established and has its own limited roles,” Ellenberg told San José Spotlight. “For example, the governor appoints judges all the time, but they’re not his employees and he doesn’t have the right to fire them.”
Board President Maimona Afzal Berta said trustees followed proper procedure when deciding on Oct. 2 to terminate Dewan’s contract.
“The Santa Clara County Board of Education’s process relating to Dr. Mary Ann Dewan’s employment is consistent with past practice over many decades by the board relating to superintendent employment decisions at the Santa Clara County Board of Education,” Berta told San José Spotlight.
Dewan has been on administrative leave since Oct. 3, but her attorneys argue the board has no right to place Dewan on administrative leave since such an action is not within the terms of the 2018 contractual agreement.
Area 2 Trustee Tara Sreekrishnan, who voted against ousting Dewan, said the decision to fire her behind closed doors has eroded trust in the community.
“There was a lack of transparency and public input in this decision, and this lawsuit only underscores that the board has still not held a public hearing to address these concerns. Ignoring the voices of those we serve completely undermines the accountability we are entrusted to uphold,” Sreekrishnan told San José Spotlight.
This story was written by Vicente Vera for San Jose Spotlight. The original version of this article can be viewed here.
Contact Vicente Vera at vicente@sanjosespotlight.com or follow @VicenteJVera on X, formerly known as Twitter.
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Hmm. The SCCBOE president has pointed out that Dewan’s contract provided for early termination and said the board has the right to do this at any time. Earlier this year there was a chance for the public to intervene in this issue of firing Dewan, well before the closed sessions. The closed sessions seem to be sparked by her threatening to sue if the Board merely continued to evaluate her performance, because she claimed she was exempt from that. That’s the issue of litigation behind them having closed sessions in the first place. They deliberated about the potential for her suing them until 2:30 am and then decided to exercise the clause in her contract that allowed for termination without cause. But you might expect that there was indeed some cause for this termination. Making it without cause was trying to be nice to her.
Dewan seems to be power hungry and to deny reality. She’s really spinning this thing to her advantage.
And now an article in the Mercury News, highlighting allegations of wrongdoing by Trustee Grace Mah, (who voted to fire Dewan!) The investigator found, “Mah herself violated regulations and bylaws…” https://www.mercurynews.com/2024/10/15/new-investigations-shed-light-on-firing-of-santa-clara-county-superintendent/
Maybe 17 years in that seat has been too long…