ALUM ROCK TRUSTEE QUESTIONS VALIDITY OF MARTINEZ DEAL

Deal or no deal? That's the question more than one hundred residents, parents and teachers wanted answered at a special school board meeting Wednesday night at the Alum Rock Youth Center gymnasium. The meeting was called late last week as a response to the public outcry over a recent board decision to give a $300,000 "golden parachute" severance package to superintendent Norma Martinez, who resigned.
"There is no severance agreement," said newly elected Trustee Esau Herrera as he held up an audio recording of the meeting. According to Herrera, who is an attorney, the previous board which approved the severance deal in a hastily called closed session meeting did not follow board policy or state law. "Nothing exists that is enforceable," he said of the severance package, "let someone else try to enforce it."
Dozens of speakers repeatedly asked Board President Frank Chavez to justify the agreement with Martinez but he provided no details. "It's not like we gave her a hundred million dollars," Chavez recently remarked to CBS 5 News. He also said people who criticized the deal were "way off base."
The board was not legally required to give Martinez any severance pay because she asked to step down for "personal reasons."
The severance package, which amounts to 18 month's salary for Martinez to walk away, was approved in a 3 to 1 vote on December 2nd, the last day before two newly elected trustees (Hererra and Dolores Marquez) were to take office. Trustees Chavez, Patricia Potter and outgoing member Lalo Morales voted in favor of it, while Trustee Gustavo Gonzales voted against it. Outgoing Trustee Tanya Freudenberger was absent due to illness.
Dozens of residents lined up to speak on the issue to the board. Some speakers called on Chavez and Potter to resign. Others noted how the severance package, which includes health care benefits to Martinez and her husband until age 65, comes at the worse possible time with state budget cuts to education looming. "If she wants to walk away, let her stand in the unemployment line with the rest of the people who got laid off," said one neighborhood activist.
"The people who are here tonight, don't represent the entire community," said board member Potter, a comment which drew astonishment, boos and hisses.
At the end of the four hour meeting, the Martinez severance was re-agendized until December 18th, when the board will seek advice from lawyers as to whether or not the deal is legal and proper.
Martinez did not attend the meeting because of illness but she was represented by Pat Souza, of the Association of California School Administrators. Souza told the board and community that Martinez believes the separation agreement with the Alum Rock School District was properly put together and valid. Souza also said Martinez asked the association's attorneys to review the agreement.
The board also voted unanimously to designate Deputy Superintendent Jose Manzo Interim Superintendent for the Alum Rock Union School District.