The Questions Behind LBUSD’s Sudden Superintendent Transition
The Laguna Beach Schools community does not need rumors. They need records, timelines, and a clear understanding of how this decision unfolded.
I received permission to publicly share this LBUSD Public Records Act request, and I think our community should take the time to read it in full.
The request focuses on the sudden May 2026 leadership change at LBUSD, including closed-session actions involving Dr. Jason Glass and the appointment of Dr. Don Austin.
There are many specific documentation requests, but the central issue is simple: when a school district makes major leadership decisions behind closed doors, the public is left trying to understand what happened after the fact. This request asks for the records that could help answer those questions.
As you may know, a PRA request is not proof that anyone did anything wrong or an accusation by itself. However, it shows us what information remains unclear, which documents may exist, and what the public has the right to examine.
Parents and community members should care because it concerns governance, transparency, public spending, board conduct, and whether LBUSD has followed the policies and procedures it has already adopted.
So again, I’m sharing this because the details matter. Read it for yourself:
Re: Public Records Act Request — Statements of Economic Interests, Disclosures, and Related Records — Time-Sensitive Under Government Code § 81008
This is a formal request for public records under the California Public Records Act, Government Code sections 7920.000 et seq., and the Political Reform Act, Government Code section 81008. I make this request in my capacity as a parent of an enrolled student in the Laguna Beach Unified School District and as a member of the public exercising my rights under Article I, section 3(b) of the California Constitution. I am acting in my individual capacity as a parent.
This request is made in good faith and in service of the children of this District during a leadership transition that has been the subject of regional press coverage in the Los Angeles Times on May 13 and May 15, 2026, in the Orange County Register, and in the Laguna Beach Independent, and that has been acknowledged in writing by the Orange County Superintendent of Schools. The District has long affirmed, through its adopted Board Bylaws and Conflict of Interest Code, that transparency, ethics, and integrity are foundational to its governance. The District’s adopted Board Bylaw 9005 expressly requires every Board member to “govern within Board-adopted policies and procedures” and to “hold themselves to the highest standards of ethical conduct.” The District’s adopted Board Bylaw 9321 expressly commits the District to “modeling transparency in its conduct of district business.” These commitments were adopted by prior Boards, in the substantial majority of cases on September 9, 2021 or earlier, and have remained in continuous effect through every change in Board composition since. They bind every current Board member by force of the District’s own adoption and by force of each Board member’s oath of office.
The events that are the subject of this request, including a 3-2 closed-session vote terminating the sitting Superintendent on May 12, 2026, and a 3-2 closed-session vote
The Board proceeded to closed session and voted 3-2 to appoint Mr. Austin as Superintendent of Schools. The May 14, 2026 Special Meeting extended into late-evening hours. To the extent the District intends to take the position that the disclosure questions raised in my May 14 correspondence were addressed during the open or closed session of the May 14, 2026 Special Meeting itself, I respectfully ask that the District specifically identify the agenda item, the timestamp on the official meeting recording, the Board member making the response, and the verbatim language of any such response, so that the record is clear.
During the open session of the May 14, 2026 Special Meeting, which was broadcast publicly in real time, Board member Howard Hills addressed the First Amendment rights of Board members in their personal communications and the authority of the Board President to communicate on behalf of the District. Mr. Hills stated, in pertinent part: “we have a bylaw in this district that says board members are encouraged to communicate with the public on their personal views about board business as long as they identify that it’s personal views. ... that’s a bylaw that protects the First Amendment rights of board members.” Mr. Hills further stated that “the idea that a board member should not be communicating their views independently is just anti-democratic and it’s anti-First Amendments.” On the authority of the Board President, Mr. Hills stated: “the idea that the president of the board communicates on behalf of the district when you have bylaws that have the force and effect of law and are legally binding ... where the board has delegated an authority and a responsibility for the president to communicate with the public. That makes it no different than if the superintendent issues a press release. There’s no difference between the two. That’s called a balance and that’s called co-equal.” Mr. Hills further disclosed, on the public record, that legal counsel had been consulted on this question in a Board governance meeting, stating: “we had a governance meeting with the lawyer present and it wasn’t Mr. Pearl, it was Mr. Danforth. The question was asked of the lawyer. If we don’t want the president of the board to be able to communicate the way it says in the bylaws, what do we do? And the answer was you got to amend the bylaws to say that the president can’t do that.” The official recording of the May 14, 2026 Special Meeting open session will confirm Mr. Hills’s exact remarks.
I welcome the constitutional clarity Mr. Hills offered, and I note that the same First Amendment protections apply equally to members of the public who correspond with the Board on matters of public concern, including this request. On the basis of the position articulated by Mr. Hills regarding the Board President’s authority to communicate on behalf of the District in a manner equal to a communication from the Superintendent, I understand President Morgan’s May 14, 2026 reply to my correspondence to constitute an institutional communication on behalf of the Board. I therefore understand the Board’s substantive non-response to the disclosure questions
These standards were not imposed on the current Board by outside authority. They are the District’s own institutional commitments, adopted by prior Boards in the considered exercise of governance responsibility, and inherited by every subsequent Board member upon assumption of office. No current Board member can claim ignorance of these standards. Each current Board member took an oath of office knowing these standards governed their conduct.
A. Adopted Process for Superintendent Recruitment and Selection — BP 2120.
LBUSD Board Policy 2120, adopted September 9, 2021, establishes the District’s adopted process for selecting a Superintendent. The policy provides that “the Board shall establish and implement a search and selection process” that includes consideration of the District’s current and long-term needs, the desired characteristics of a new Superintendent, and the scope of the search including whether to conduct an internal, statewide, or nationwide recruitment. The policy further directs the Board to “hire a professional adviser to facilitate the process of a search for a superintendent,” to establish a salary range and contract elements, to determine “the best methods for advertising the vacancy and recruiting qualified candidates,” to establish a process for screening applications, to determine interview questions and processes, and to determine “how and when candidates’ qualifications will be verified through reference checks.”
BP 2120 further provides that “the Board shall interview preliminary and final candidates in closed session and determine the most likely match for the district.” The plural — “candidates” — is the operative term.
BP 2120 also expressly contemplates an alternative path for circumstances in which immediate operational coverage is required: “As necessary, the Board may appoint an interim superintendent to manage the district during the selection process.”
The District has publicly acknowledged that the prior Superintendent recruitment, which resulted in the selection of Dr. Jason Glass in May 2025, was conducted through a four-month nationwide search process producing approximately 40 applicants, with the assistance of Leadership Associates as the District’s retained executive search firm. The records sought through this request seek to develop a complete record of the Board’s compliance with each enumerated step of BP 2120 in connection with the May 14, 2026 appointment of Mr. Austin.
B. Adopted Provisions Governing the Superintendent’s Contract — BP 2121.
LBUSD Board Policy 2121 governs the form, substance, and termination of the Superintendent’s employment contract. The policy provides, in unconditional terms, that “the Board shall not take action to terminate the Superintendent without cause at a special or emergency meeting of the Board.” The policy further provides that “the Board shall not take action to terminate the Superintendent without cause or within 30 days after the first convening of the Board after an election at which one or more Board members are elected or recalled.”
BP 2121 further specifies that “the maximum cash settlement that the Superintendent may receive upon termination of the contract shall not exceed the Superintendent’s monthly salary multiplied by the number of months left on the contract or the Superintendent’s monthly salary multiplied by 12, whichever is less,” and that “the cash settlement shall not include any noncash items other than health benefits.”
BP 2121 further provides, in unconditional terms, that “copies of any contracts of employment, as well as copies of the settlement agreements, shall be available to the public upon request.”
The records sought through this request will develop a complete factual record of the Board’s compliance with BP 2121 in connection with the May 12, 2026 separation from Dr. Jason Glass.
C. Adopted Evaluation Requirement — BP 2140.
LBUSD Board Policy 2140 provides that “the Board shall annually conduct a formal evaluation of the Superintendent’s performance.” The policy specifies the criteria, schedule, methods, and instruments to be determined with the Superintendent’s input,
. fequires “a single evaluation document that represents the consensus of the Board,” requires that “the Board shall meet in closed session with the Superintendent to discuss the evaluation,” and requires that “the Board president and Superintendent shall sign the evaluation,” which shall be placed in the Superintendent’s personnel file.
Dr. Jason Glass commenced employment on July 1, 2025 and was terminated on May 12, 2026, approximately ten months later. The records sought through this request will establish whether the Board conducted the formal annual evaluation required by BP 2140 prior to the termination action, and the documentary form of any such evaluation. D. Adopted Role of the Board and the Superintendent — BP 2111 and BP 2110.
LBUSD Board Policy 2111 provides that the Superintendent “understands that individual Board members do not have authority to act on behalf of the Board, or to direct staff, and that authority rests with the Board as a whole.” LBUSD Board Policy 2110 designates the Superintendent as “the chief executive officer of the district” and provides that the Superintendent “shall implement all Board decisions and manage the instructional and noninstructional operations of the schools.” BP 2110 further specifies that the Superintendent is “the sole employee hired by the Board,” from which it follows that all other District employees are not direct subordinates of the Board or of any individual Board member. E. Adopted Standards Governing Nonschool Employment by District Employees — BP 4136/4236/4336. LBUSD Board Policy 4136/4236/4336 governs outside employment by District employees, including the Superintendent. The policy provides that “the Governing Board expects all employees to give the responsibility of their positions precedence over any other outside employment.” The policy further provides that an outside activity is automatically considered inconsistent, incompatible, or inimical to district employment when such activity: “1. Requires time periods that interfere with the proper, efficient discharge of the employee’s duties; 2. Entails compensation from an outside source for activities which are part of the employee’s regular duties; 3. Involves using the district’s name, prestige, time, facilities, equipment, or supplies for private gain; 4. Involves service which will be wholly or in part subject to the approval or control of another district employee or Board member.” BP 4136/4236/4336 further provides that “an employee wishing to accept outside employment that may be inconsistent, incompatible, in conflict with, or inimical to the employee’s duties shall file a written request with his/her immediate supervisor describing the nature of the employment and the time required.” The records sought through this request will establish whether Mr. Austin has filed the written request required by BP 4136/4236/4336 in connection with his ownership and operation of SimpleWins, and whether the Board, as Mr. Austin’s immediate supervisor under BP 2110, has evaluated each of the four prohibition triggers identified in the policy.
F. Adopted Professional Standards for Educational Leaders — BP 4319.21-E.
LBUSD Board Policy 4319.21-E adopts the California Professional Standards for Educational Leaders. Standard 5 (Ethics and Integrity) requires that “Education leaders make decisions, model, and behave in ways that demonstrate professionalism, ethics, integrity, justice, and equity and hold staff to the same standard.” The standard requires that “Leaders act upon a personal code of ethics that requires continuous reflection and learning,” that “Leaders guide and support personal and collective actions that use relevant evidence and available research to make fair and ethical decisions,” and that “Leaders recognize and use their professional influence with staff and the community to develop a climate of trust, mutual respect, and honest communication.”
The records sought through this request will establish whether the Board evaluated Mr. Austin against Standard 5 of BP 4319.21-E prior to his appointment.
G. Adopted Conflict of Interest Provisions — BB 9270.
LBUSD Board Bylaw 9270 provides that “no Board member, district employee, or other person in a designated position shall participate in the making of any decision for the district when the decision will or may be affected by the Board member’s, district employee’s, or other designated persons financial, family, or other personal interest or consideration.” BB 9270 further provides that “Board members, employees, or district consultants shall not be financially interested in any contract made by the Board on behalf of the district. ... If a Board member has such a financial interest in a contract made by the Board, the contract is void.”
BB 9270 further designates “Governing Board Members” and the “Superintendent of Schools” as Category 1 disclosure positions under the District’s Conflict of Interest Code.
H. Adopted Communications and Media-Relations Authority — BP 1100 and BP 1112. LBUSD Board Policy 1100 provides that “the Superintendent or designee shall establish Strategies for effective two-way communications between the district and the public,” that “the Superintendent or designee shall provide the Board and staff with communications protocols and procedures to assist the district in presenting a consistent, unified message,” and that “the Superintendent or designee shall utilize a variety of methods to provide information to the public,” including “news releases.” LBUSD Board Policy 1112 specifies that “the Superintendent or designee shall identify the district’s and/or site’s primary media contact to whom all media inquiries shall be
routed,” and enumerates four categories of authorized spokespersons: “the Board president, Superintendent, public information officer, or district communications director.”
BP 1100 contains, at the “Mass Mailings at Public Expense” subsection, a prohibition on District-funded mass mailings (defined as items reaching more than 200 recipients) that feature a Board member by name or photograph and that are “prepared or sent in cooperation, consultation, coordination, or concert with the Board member.”
I. Adopted Standards Governing Public Statements by Board Members — BB 9010. LBUSD Board Bylaw 9010 provides that “all public statements authorized to be made on behalf of the Board shall be made by the Board president or, if appropriate, by the Superintendent or other designated representative.” The bylaw provides that “Board spokespersons shall not disclose confidential information or information received in closed session except when authorized by a majority of the Board,” and that “when speaking to community groups, members of the public, or the media, individual Board members should recognize that their statements may be perceived as reflecting the views and positions of the Board. Board members have a responsibility to identify personal viewpoints as such and not as the viewpoint of the Board.”
J. Adopted Provisions Governing Disclosure of Confidential and Privileged Information — BB 9011.
LBUSD Board Bylaw 9011 provides that “a Board member shall not disclose confidential information acquired during a closed session to a person not entitled to receive such information, unless a majority of the Board has authorized its disclosure.” The bylaw expressly provides that “the Board shall not take any action against any person for disclosing confidential information, nor shall the disclosure be considered a violation of the law or Board policy, when the person is: (1) Making a confidential inquiry or complaint to a district attorney or grand jury concerning a perceived violation of law, including disclosing facts necessary to establish the illegality or potential illegality of a Board action that has been the subject of deliberation during a closed session; (2) Expressing an opinion concerning the propriety or legality of Board action in closed session, including disclosure of the nature and extent of the illegal or potentially illegal action; (3) Disclosing information that is not confidential.”
K. Adopted Provisions Governing Board Member Electronic Communications — BB 9012. LBUSD Board Bylaw 9012 provides that “a majority of the Board shall not, outside of an authorized meeting, use a series of electronic communications of any kind, directly or through intermediaries, to discuss, deliberate, or take action on any item that is within the subject matter jurisdiction of the Board.” The bylaw further provides that “to the extent possible, electronic communications regarding any district-related business shall be transmitted through a district-provided device or account. When any such communication is transmitted through a Board member’s personal device or account, they shall copy the communication to a district electronic storage device for easy retrieval.” L. Adopted Procedures for Closed Session — BB 9321. LBUSD Board Bylaw 9321 provides that the Board “is committed to complying with state open meeting laws and modeling transparency in its conduct of district business.” The bylaw provides that “after the closed session, the Board shall reconvene in open session before adjourning the meeting, and when applicable, shall publicly disclose any action(s) taken in the closed session, the votes or abstentions thereon, and other disclosures.” The bylaw further provides that “agenda items related to district employee appointments and employment shall describe the position to be filled.” BB 9321 further provides that “when an action taken during a closed session involves final approval or adoption of a document such as a contract or settlement agreement, that becomes public upon such approval or adoption, the Superintendent or designee shall provide a copy of the document to any person present at the conclusion of the closed session who submitted a written request.” M. Adopted Governance Standards Generally — BB 9005. LBUSD Board Bylaw 9005 provides that “to maximize Board effectiveness and public confidence in district governance, Board members are expected to govern responsibly and hold themselves to the highest standards of ethical conduct.” Each individual Board member is expected to, among other things, “Keep confidential matters confidential” and “Govern within Board-adopted policies and procedures.” N. Adopted Provisions Governing Administrative Discretion — BP 2210. LBUSD Board Policy 2210 vests in the Superintendent or designee a limited discretion to act “in such situations” not addressed in written policies, or “when immediate action is
necessary to avoid any risk to the safety or security of students, staff, or district property or to prevent disruption of school operations.” This discretion is vested in the Superintendent or designee. The policy does not extend equivalent discretion to the Board or to individual Board members.
O. Synthesis.
The records identified below are sought, in significant part, for the purpose of determining whether and to what extent the actions taken by the Board on May 12, 2026 and May 14, 2026 complied with the District’s own adopted Board Policies and Bylaws. The District is not free to disregard its own duly adopted policies. The public has a substantial interest in knowing whether the District’s actions during this period were consistent with the procedural and substantive commitments the District has made to its community.
Records Requested
In light of the foregoing, I respectfully request the following public records. For records held by individual Board members on personal email accounts or personal devices that concern District business, such records are Personal Account Records within the meaning of this request and are public records subject to disclosure under City of San Jose v. Superior Court (2017) 2 Cal.5th 608.
1. Statements of Economic Interests (Form 700) — Board Members and Acting Superintendent.
All Statement of Economic Interests (Form 700) filings on file with the District, including all schedules, attachments, amendments, and any cover correspondence, for the following individuals, covering the period of each individual’s service on the Board of Education or in their respective District role, through the date of this request:
(a) Howard Hills, Board of Education; (b) Sheri Morgan, Board of Education; (c) Dee Perry, Board of Education; (d) James Kelly, Board of Education; (e) Joan Malczewski, Board of Education; (f) Jason Glass, Ed.D., former Superintendent; (g) Manoj Roychowdhury, Acting Superintendent and Assistant Superintendent of Business Services; (h) Mr. Austin, including any “assuming office” filing on file and any other Form 700 received in connection with his appointment. This includes annual filings, assuming-office filings, leaving-office filings, and any amendments. Personal residence addresses may be redacted under Government Code section 87206.5. All substantive disclosures on Schedules A through E remain public.
These records are subject to the two-business-day availability requirement of Government Code section 81008. 2. Form 700 Filings During May 2026. All Form 700 filings of any kind received by the District filing officer between May 1, 2026 and the date of this request, including any filed at or in connection with the Board’s May 12, 2026 Special Meeting and the May 14, 2026 Special Meeting. Subject to the two-business-day availability requirement of Government Code section 81008. 3. Section 87105 Disclosures. All disclosures, recusals, or statements made under Government Code section 87105 by any Board member at or in connection with the May 12, 2026 Special Meeting and the May 14, 2026 Special Meeting, including any related entries in the open or closed session minutes, the closed session report-out, and any contemporaneous notes maintained by the Board Secretary or the District’s clerk. 4. Section 1090 Disqualification Records. All Government Code section 1090 disqualification statements, abstentions, or recusal records filed by any Board member in connection with the appointment of Mr. Austin, the prior consideration of Joanne Culverhouse, or any other superintendent-related contract action during the period November 1, 2024 to the date of this request. 5. Form 803 Behested Payment Reports. All Form 803 Behested Payment Reports filed by any current or former Board member under Government Code section 82015 and 2 California Code of Regulations section 18215.3, for the period of each individual’s service on the Board of Education through the date of this request. 6. Closed Session Minutes and Report-Outs. The closed session minutes for the May 12, 2026 and May 14, 2026 Special Meetings, to the extent disclosable under the Brown Act, Government Code section 54957.1, and the full text of the closed session report-outs publicly announced for each meeting, including the specific timestamp within the recording of the open session at which any such report-out was made. 7. The Austin Superintendent Employment Contract.
The Mr. Austin Superintendent employment contract, draft contracts, term sheets, and any related compensation, benefit, or side-letter agreements, including all provisions concerning outside employment, side businesses, paid coaching, paid speaking, paid consulting, or any other outside income, and any provisions concerning post-employment. Pursuant to Board Bylaw 9321 and Board Policy 2121, these records are explicitly subject to immediate public availability.
8. The Glass Separation Agreement.
The Dr. Jason Glass separation agreement, including all settlement documents, release agreements, mutual release agreements, non-disparagement clauses, confidentiality clauses, severance terms, payment terms, benefits continuation, and any side-letter agreements. This includes all drafts, all communications related to the negotiation of the separation, and all documents prepared or received by the District, the Board, or District counsel in connection with the negotiation, drafting, execution, or announcement of the separation. Pursuant to Board Policy 2121, these records are explicitly subject to public availability upon request. This information is also disclosable under Government Code section 53262 and the California Public Records Act.
9. Total Expenditures Related to the Employment of Dr. Jason Glass.
All records reflecting the total expenditures incurred by the District in connection with the recruitment, employment, and separation of Dr. Jason Glass, including:
(a) All invoices, contracts, and payments to Leadership Associates and any other executive search firm, consultant, recruiter, or advisor retained by the District in connection with the recruitment of Dr. Glass;
(b) All compensation paid or payable to Dr. Glass during his employment, including base salary, bonuses, deferred compensation, and any other monetary compensation; (c) All benefits provided to Dr. Glass during his employment, including healthcare, retirement contributions, life insurance, disability insurance, professional development allowances, and any other employment benefits;
(d) All relocation expenses, housing allowances, transportation allowances, or other in-kind compensation provided to Dr. Glass in connection with his employment;
(e) All signing bonuses, retention bonuses, or other one-time payments made to Dr. Glass at the commencement of his employment;
(f) All separation payments, severance amounts, continued healthcare coverage, continued benefits, payment of accrued leave, payment of unused vacation, payment of unused sick time, and any other monetary consideration paid or payable to Dr. Glass in connection with his separation from the District; (g) All legal fees incurred by the District in connection with the recruitment, negotiation, drafting, execution, or announcement of Dr. Glass’s employment contract and separation agreement, including all invoices and billing records from Atkinson, Andelson, Loya, Ruud & Romo and from Dannis Woliver Kelley relating to these matters; (h) All communications expenses incurred by the District in connection with the announcement of Dr. Glass’s hiring or his separation, including any press release distribution, communications consultant fees, or related costs; (i) Any other public-fund expenditure made by the District in connection with the recruitment, employment, or separation of Dr. Glass during the period January 1, 2024 to the date of this request. If the District has no records responsive to any subparagraph of this item, please state in writing for each specific subparagraph that no responsive records exist. 10. Compliance with BP 2121 in the Termination of Dr. Jason Glass. All records demonstrating the District’s compliance with Board Policy 2121 in connection with the termination of Dr. Jason Glass’s contract, including: (a) Whether the May 12, 2026 Special Meeting at which the termination action was taken was a Regular Meeting or a Special Meeting for purposes of BP 2121; (b) Whether the termination of Dr. Glass was for cause or without cause for purposes of BP 2121; (c) If the termination was without cause, all records reflecting the Board’s analysis of the BP 2121 prohibition on termination without cause at a Special Meeting; (d) The total cash settlement amount paid or payable to Dr. Glass in connection with the termination; (e) The calculation supporting that amount under the BP 2121 maximum cash settlement cap;
(f) Any records reflecting Board action authorizing a settlement amount exceeding the BP 2121 cap; (g) Records establishing the public availability of the Glass settlement agreement pursuant to BP 2121’s explicit provision that “copies of any contracts of employment, as well as copies of the settlement agreements, shall be available to the public upon request.” If the District has no records responsive to any subparagraph of this item, please state in writing for each specific subparagraph that no responsive records exist. 11. Compliance with BP 2140 (Evaluation of the Superintendent) Regarding Dr. Jason Glass. All records of the formal annual evaluation of Dr. Jason Glass conducted by the Board under BP 2140, including: (a) The criteria, schedule, methods, and instruments used for the evaluation; (b) The single consensus evaluation document required by BP 2140; (c) Minutes or notes of any closed session meeting at which the Board met with Dr. Glass to discuss the evaluation; (d) Dr. Glass’s written response to the evaluation, if any; (e) The signed evaluation document signed by the Board President and Dr. Glass; (f) Records of any other performance evaluation conducted by the Board with respect to Dr. Glass, including the evaluation reported in published press coverage as having occurred on February 26, 2026; (g) All communications between Board members regarding the evaluation or evaluations of Dr. Glass. If no formal annual evaluation of Dr. Jason Glass meeting the requirements of BP 2140 was conducted prior to the May 12, 2026 termination action, please state in writing that no such evaluation was conducted. 12. Communications Regarding the Termination of Dr. Jason Glass.
All communications regarding the proposed or actual termination of Dr. Jason Glass’s employment, from January 1, 2026 to the date of this request, by any Board member, the Acting Superintendent, the Board Secretary, or District counsel with Dr. Glass directly, with his attorney, or with any agent acting on his behalf. Communications between Dr. Glass’s counsel and the District are communications with a third party and are not subject to attorney-client privilege belonging to the District.
13. Board Action Items Relating to the Glass Termination.
All Board action items, closed session items, agenda items, and votes relating to the termination, separation, or severance of Dr. Jason Glass, including all attachments, supporting documents, and presentations.
14. Communications with Mr. Austin and SimpleWins.
All communications between the District and Mr. Austin or SimpleWins, from January 1, 2025 to the date of this request. For the avoidance of doubt, this item includes all Personal Account Records held by any Board member.
15. Compliance with BP 4136/4236/4336 (Nonschool Employment) Regarding Mr. Austin.
All records pertaining to compliance with Board Policy 4136/4236/4336 by Mr. Austin in connection with his ownership and operation of SimpleWins, including:
(a) The written request, if any, filed by Mr. Austin with his immediate supervisor describing the nature of his employment with SimpleWins and the time required for that employment;
(b) The supervisor’s written evaluation, if any, of whether such outside employment is inconsistent, incompatible, in conflict with, or inimical to his duties as Superintendent; (c) Any authorization, conditional authorization, or denial of authorization issued by the Board, the Acting Superintendent, or any other supervisor regarding Mr. Austin’s outside employment with SimpleWins;
(d) Any communications between Mr. Austin and the Board, the Acting Superintendent, the Board Secretary, or District legal counsel regarding the application of BP 4136/4236/4336 to his outside employment;
(e) Any records reflecting the Board’s evaluation of whether SimpleWins’s coaching services to other superintendents and aspiring superintendents are activities that
overlap with Mr. Austin’s regular duties as Superintendent, within the meaning of BP 4136/4236/4336 subparagraph 2;
(f) Any records reflecting the Board’s evaluation of whether SimpleWins’s use of Mr. Austin’s superintendent credentials and reputation for private gain implicates BP 4136/4236/4336 subparagraph 3;
(g) Any records reflecting whether SimpleWins’s services are or have been provided to any Board member, District employee, or other person whose approval or control affects Mr. Austin’s duties, within the meaning of BP 4136/4236/4336 subparagraph 4; (h) Any records reflecting the Board’s evaluation of whether Mr. Austin’s time commitments to SimpleWins interfere with the proper, efficient discharge of his duties as Superintendent, within the meaning of BP 4136/4236/4336 subparagraph 1.
If the District has no records responsive to any subparagraph of this item, please state in writing for each specific subparagraph that no responsive records exist.
16. Communications Regarding Joanne Culverhouse.
All communications between any Board member and Joanne Culverhouse from November 1, 2024 to the date of this request. For the avoidance of doubt, this item includes all Personal Account Records.
17. Records Concerning Mr. Austin and the 2025 Superintendent Search Conducted by Leadership Associates.
All records, in any form, that reference, mention, name, evaluate, assess, vet, screen, score, rank, list, profile, recommend, advise upon, caution about, raise concerns about, or otherwise concern Mr. Austin or SimpleWins, during the period January 1, 2024 to the date of this request, prepared, obtained, used, transmitted, or maintained in connection with the 2025 Superintendent search conducted by the Board through Leadership Associates and any related period. This item includes, without limitation: (a) The engagement letter, retainer agreement, scope of work, fee schedule, and all contractual documents between the District and Leadership Associates, together with all invoices, billing records, and payments to Leadership Associates;
(b) The candidate position description, candidate profile, search criteria, and search timeline developed by Leadership Associates with the Board during the 2025 search;
(c) Any application, resume, curriculum vitae, cover letter, candidate statement, or other submission received from or on behalf of Mr. Austin during the 2025 search;
(d) Any candidate long list, candidate short list, candidate finalist list, candidate semi-finalist list, or other candidate slate prepared by Leadership Associates that includes the name of Mr. Austin;
(e) Any candidate evaluation, candidate assessment, candidate scoring document, candidate ranking, candidate screening assessment, candidate comparison document, or candidate profile prepared by Leadership Associates, by any Board member, or by any other person, concerning Mr. Austin;
(f) Any interview notes, interview score sheets, interview ratings, or interview summary documents concerning Mr. Austin’s participation, if any, in any phase of the 2025 search interview process;
(g) Any reference check record, reference check summary, reference contact log, reference questionnaire, reference response, or reference notes concerning Mr. Austin, including the identity of every person or entity contacted as a reference, the date and form of contact, the questions asked, and the substantive response received;
(h) Any background check record, professional license verification, credential verification, prior employment verification, prior litigation search, news media search, or other due diligence record concerning Mr. Austin prepared during the 2025 search;
(i) Any briefing memorandum, briefing document, executive summary, candidate brief, candidate profile, Board packet, or other briefing material prepared by Leadership Associates for the Board or for any individual Board member that references Mr. Austin; (j) Any progress report, status report, or interim report transmitted by Leadership Associates to the District, the Board, or any individual Board member during the 2025 search that references Mr. Austin;
(k) Any recommendation, written advice, written caution, written concern, written reservation, or other written communication transmitted by Leadership Associates to the District, the Board, or any individual Board member that concerns Mr. Austin or that compares Mr. Austin to other candidates;
(l) Any record of any oral recommendation, oral advice, oral caution, or oral concern communicated by Leadership Associates to the District, the Board, or any individual Board member concerning Mr. Austin, including any meeting notes, meeting agendas, briefing notes, or summaries reflecting such communications;
(m) Any closed session minutes, closed session notes, or closed session report-outs from the Board’s deliberations during the 2025 search that reference Mr. Austin;
(n) Any email, text message, instant message, voicemail, phone call note or log, calendar entry, meeting note, internal memorandum, or other communication between Leadership Associates and the District, the Board, any individual Board member, or District legal counsel that references Mr. Austin or that discusses him as a candidate; (0) Any email, text message, instant message, voicemail, phone call note or log, calendar entry, meeting note, internal memorandum, or other communication between Mr. Austin or SimpleWins and Leadership Associates, the District, the Board, or any individual Board member during the period January 1, 2024 to the date of this request; (p) Any email, text message, instant message, written correspondence, meeting note, or other communication between or among Board members that references Mr. Austin during the period January 1, 2024 to the date of this request.
To the extent records responsive to this item are held by Leadership Associates, the District is required to conduct a reasonable search of records within its possession, custody, or control and to disclose in writing its determination as to whether responsive records held by Leadership Associates are within the District’s possession, custody, or control for purposes of the California Public Records Act. If the District’s determination is that such records are not within its possession, custody, or control, please state the specific factual and contractual basis for that determination, including the relevant provisions of the District’s engagement with Leadership Associates that bear on the District’s right to obtain or control such records.
Personal identifying information of any references contacted, including each reference’s name and direct contact information, may be redacted in accordance with the privacy balancing test under Government Code section 7922.000. However, the substance of each reference response, the date of the communication, the questions or topics addressed, and the institution with which each reference was affiliated shall remain disclosed. Information regarding candidates other than Mr. Austin may be redacted to protect the privacy interests of unsuccessful candidates, provided that the existence and structure of any candidate long list, short list, or finalist list on which Mr. Austin appeared is disclosed.
If the District has no records responsive to any subparagraph of this item, please state in writing for each specific subparagraph: (i) that no responsive records exist; (ii) the specific custodians searched to confirm the absence of records, including but not limited to Leadership Associates, individual Board member personal accounts, and the
District’s Human Resources department; (iii) the specific search terms used; (iv) the date on which the search was conducted; and (v) the basis for the District’s conclusion that no responsive records exist. The District’s obligation to conduct a reasonable search for responsive records under Government Code section 7922.530 cannot be discharged without a documented search. 18. Reference Check and Qualification Verification for Mr. Austin (May 2026 Appointment). All records pertaining to the reference check and qualification verification requirements of Board Policy 2120, in connection with the consideration or appointment of Mr. Austin as Superintendent on May 14, 2026, including all reference check records, background check records, vetting records, due diligence records, candidate evaluation records, candidate interview notes, and candidate scoring or ranking records relating to the qualifications, fitness, prior employment, prior conduct, prior litigation history, or professional reputation of Mr. Austin, prepared, obtained, used, or maintained by any Board member, the Superintendent, the Acting Superintendent, the Board Secretary, District legal counsel, or any third-party recruiter, consultant, or advisor. Personal identifying information of references may be redacted while the substance of each reference, the date, and the questions asked are produced. If the District has no records responsive to this item, please state in writing that no responsive records exist. 19. Specific Reference Check Communications (May 2026 Appointment). All communications between any Board member, the Acting Superintendent, the Board Secretary, District legal counsel, or any third-party recruiter, consultant, or advisor, on the subject of references for Mr. Austin in connection with the May 14, 2026 appointment, including any communications with: (a) Any current or former member of the Board of Education of the Palo Alto Unified School District; (b) Any current or former employee or administrator of the Palo Alto Unified School District; (c) Any current or former member of the Board of Education of the Palos Verdes Peninsula Unified School District; (d) Any current or former employee or administrator of the Palos Verdes Peninsula Unified School District; (e) Any current or former member of the Board of Education or current or former employee or administrator of the Huntington Beach Union High School District, or any other prior employer of Mr. Austin; (f) Any other reference provided by Mr. Austin or contacted in connection with his appointment. If the District has no records responsive to any subparagraph of this item, please state in writing for each specific subparagraph that no responsive records exist.
20. Disclosures by Mr. Austin.
All disclosures made by Mr. Austin to the District, the Board, or any agent of the Board, in connection with his appointment, regarding:
(a) His ownership, management, or other interest in SimpleWins or any related entity; (b) Any outside business, consulting, coaching, speaking, or other income-generating activity in which he is or has been engaged; (c) Any pending, threatened, or recently settled litigation in which he has been or is a named party; (d) Any prior or pending complaint, investigation, or adverse personnel action by a prior employer; (e) The financial terms of his separation from any prior employer, including any non-disparagement, confidentiality, or release provisions that may affect his ability to disclose information to LBUSD.
If the District has no records responsive to any subparagraph of this item, please state in writing for each specific subparagraph that no responsive records exist.
21. Compliance with BP 4319.21-E (Professional Standards) Regarding Mr. Austin.
All records reflecting the Board’s evaluation of Mr. Austin’s compliance with Standard 5 (Ethics and Integrity) of BP 4319.21-E prior to his appointment, including:
(a) Any Board analysis of the circumstances surrounding Mr. Austin’s prior employment history and any settlements or dispositions in which he was named or involved; (b) Any Board analysis of the circumstances surrounding Mr. Austin’s separation from the Palo Alto Unified School District; (c) Any Board analysis of Mr. Austin’s outside business activities through SimpleWins against Standard 5 of BP 4319.21-E; (d) Any documentation that the Board considered or applied Standard 5 (Ethics and Integrity) of BP 4319.21-E in evaluating Mr. Austin’s fitness for appointment.
If the District has no records responsive to any subparagraph of this item, please state in writing for each specific subparagraph that no responsive records exist. 22. Board Materials Prepared for the Austin Consideration. All Board materials, agenda packets, closed session memoranda, briefing documents, or other written materials prepared for or presented to Board members in connection with the consideration of any superintendent candidate, including Mr. Austin, during the period January 1, 2025 to the date of this request. If the District has no records responsive to this item, please state in writing that no responsive records exist. 23. BP 2120 Step-by-Step Compliance Records (May 2026 Appointment).
All records demonstrating the District’s compliance with each step of Board Policy 2120 in connection with the May 14, 2026 appointment of Mr. Austin, including:
(a) Records establishing the search and selection process and the Board’s review of district current and long-term needs, vision, and goals; (b) Records identifying the desired characteristics of the new Superintendent and the Board’s determination of the scope of the search; (c) Contract, retainer, scope of work, and all communications with any professional adviser retained by the Board; (d) Records establishing the salary range and basic elements of the Superintendent’s contract; (e) Records of the methods used to advertise the Superintendent vacancy and recruit qualified candidates, including all postings, listings, press notices, professional association notifications, and outreach communications; (f) All applications, resumes, candidate submissions, candidate communications, and inquiries received in response to any solicitation for the Superintendent position; (g) Records of the process used to screen applications, including identification of the screener or screeners and the criteria applied; (h) The interview questions, interview processes, interview schedules, and identification of every candidate interviewed, including preliminary and final candidates as contemplated by BP 2120; (i) Records verifying the credentials and qualifications of Mr. Austin; (j) Records of any Board visits to the candidate’s current district or prior districts to verify qualifications, as contemplated by BP 2120; (k) Records of Board deliberation in closed session and the open-session report of selection.
If the District has no records responsive to any of subparagraphs (a) through (k), please state in writing for each specific subparagraph that no responsive records exist.
24. Agenda-Setting Communications.
All communications between any Board member and any other Board member, the Superintendent, the Acting Superintendent, the Board Secretary, District counsel, or any third party, regarding the inclusion of any superintendent-related closed session item on the agenda for the May 12, 2026 Special Meeting or the May 14, 2026 Special Meeting, for the period January 1, 2026 to the date of this request. This item includes all Personal Account Records.
25. Compliance with BB 9012 (Board Member Electronic Communications).
All records demonstrating compliance by Board members with Board Bylaw 9012 in connection with the May 12, 2026 and May 14, 2026 actions, including:
(a) All electronic communications transmitted by any Board member regarding any superintendent-related matter through a District-provided device or account, for the period January 1, 2026 to the date of this request;
(b) All electronic communications regarding district business transmitted by any Board member through a personal device or account during the same period, that were copied to a District electronic storage device pursuant to BB 9012;
(c) The District’s electronic storage device or system identified for purposes of BB 9012 compliance;
(d) Records identifying any electronic communications regarding district business transmitted by any Board member through personal devices or accounts that were not copied to District storage as required by BB 9012;
(e) Records of any communications between or among a majority of Board members, directly or through intermediaries, that may constitute a serial meeting under Government Code section 54952.2 and BB 9012.
If the District has no records responsive to any subparagraph of this item, please state in writing for each specific subparagraph that no responsive records exist.
26. Communications Referencing the Requester.
All communications, in any form, between or among any Board member, the Acting Superintendent, the Board Secretary, District employees, District legal counsel, or any third party, that reference, mention, discuss, characterize, or respond to (a) Prudence Wyman, also referenced as Prue Wyman or P. Wyman, (b) any communication or correspondence from her, or (c) this records request, including any reference to the surname Wyman in any form, for the period 9:00 a.m. on May 14, 2026 through the date the District completes its production in response to this request. This item includes all Personal Account Records.
27. Payments Involving SimpleWins.
All invoices, contracts, purchase orders, payments, gifts, or reimbursements involving the District and SimpleWins, for the period January 1, 2024 to the date of this request. 28. Conflict of Interest Code.
The current Laguna Beach Unified School District Conflict of Interest Code, including Resolution 21-20 as adopted on November 18, 2021 and any amendments, and the
District’s most recent biennial review of the Code under Government Code section 87306.5.
29. Compliance with BP 1100 and BP 1112 in the May 14 Press Release.
All records pertaining to the District communications authority requirements under Board Policy 1100 and the spokesperson designation requirements under Board Policy 1112, in connection with the May 14, 2026 press release announcing the appointment of Mr. Austin, including:
(a) The press release dated May 14, 2026, issued at approximately 6:29 p.m. via ParentSquare, in its final form;
(b) All drafts, version histories, and metadata associated with each version of the press release;
(c) All communications regarding the preparation, drafting, review, approval, attribution, and distribution of the press release, including identification of every person who drafted, edited, reviewed, approved, or transmitted the release, and the date and time of each such action;
(d) The District’s distribution list and recipient metadata for the ParentSquare and email distribution of the press release;
(e) Records reflecting whether the Mass Mailings at Public Expense provision of BP 1100 was considered or applied in connection with the press release, including whether the release was prepared or sent in cooperation, consultation, coordination, or concert with any Board member.
If the District has no records responsive to any subparagraph of this item, please state in writing for each specific subparagraph that no responsive records exist.
30. Senior Staff Personnel Matters and the Communications Function.
All records and communications, for the period November 5, 2024 to the date of this request, concerning the role, duties, scheduling, supervision, performance evaluation, reassignment, scope of duties, or contemplated personnel action with respect to the Director of Communications and Engagement, the Communications Specialist, or any other LBUSD employee within the District’s communications function, regardless of how such matters are labeled in the responsive records, including any references to “transition,” “alignment,” “restructuring,” “right-sizing,” “reorganization,” or “team change.”
31. Compliance with BB 9010 — Public Statements by Board Members.
All records pertaining to public statements made by any Board member in any media outlet, paid advertisement, social media platform, public meeting, or other public forum, from January 1, 2026 to the date of this request, regarding the May 12, 2026 termination of Dr. Jason Glass or the May 14, 2026 appointment of Mr. Austin, including:
(a) The content of each such public statement:
(b) The capacity in which each such statement was made, including whether the Board member identified the statement as a personal viewpoint pursuant to BB 9010 or whether the statement was authorized by a majority of the Board as the institutional position of the Board;
(c) Any communications between the Board member making such statement and any other Board member, the Acting Superintendent, the Board Secretary, District counsel, District communications staff, or any third party regarding the content, preparation, distribution, or response to any such public statement;
(d) Any records reflecting whether any such public statement disclosed or referenced information acquired during a closed session, in light of BB 9011 and Government Code section 54963.
If the District has no records responsive to any subparagraph of this item, please state in writing for each specific subparagraph that no responsive records exist.
32. Compliance with Board President’s Written Commitment of May 14, 2026.
All records demonstrating the District’s compliance with President Sheri Morgan’s written commitment of May 14, 2026, 9:43 a.m. Pacific Time, in which she stated: “I will bring forward your concerns about the agenda as I circled back several times as I noted originally it was incorrect, and had our legal team direct staff accordingly,” including: (a) The original closed session agenda for the May 14, 2026 Special Meeting referenced by President Morgan as “originally incorrect,” in its initial form;
(b) Any corrected or amended closed session agenda for the May 14, 2026 Special Meeting, including all version histories and metadata;
(c) All communications between President Morgan and the District’s legal team (including but not limited to Mr. Jonathan A. Pearl of Dannis Woliver Kelley) regarding
the May 14, 2026 closed session agenda, including the substance of the direction provided by the legal team to staff;
(d) All communications between President Morgan and District staff regarding the May 14, 2026 closed session agenda, including any direction to the Board Secretary, the Acting Superintendent, or the Communications Director;
(e) All records reflecting how the substantive disclosure questions raised in my correspondence of May 14, 2026 (regarding financial, professional, or client relationships, Form 700 disclosures, Government Code section 1090 disqualification, and compliance with Resolution 21-20) were addressed by the Board, in either open session or closed session;
(f) The Board Secretary’s contemporaneous notes of the May 14, 2026 closed session(s), to the extent maintained;
(g) Any record of the closed session report-out under Government Code section 54957.1 for the May 14, 2026 Special Meeting, including the specific timestamp of any such report-out within the recording of the open session;
(h) Any records reflecting whether the closed session vote appointing Mr. Austin occurred before or after the District’s 6:29 p.m. May 14, 2026 ParentSquare press release announcing the appointment, including the precise time of the closed session vote and the precise time of the press release authorization and distribution.
If the District has no records responsive to any subparagraph of this item, please state in writing for each specific subparagraph that no responsive records exist.
33. Records of Board Governance Meeting Regarding Board President Communication Authority.
All records of the Board governance meeting publicly referenced by Board member Howard Hills in his remarks at the May 14, 2026 Special Meeting open session, at which “Mr. Danforth” attended as legal counsel and at which the Board considered the question of the Board President’s authority to communicate on behalf of the District, including:
(a) The date or dates of the meeting or meetings; (b) The agenda for the meeting or meetings; (c) Meeting minutes, notes, or any other contemporaneous record; (d) Identification of all persons present, including each attending attorney by name and firm affiliation; (e) The legal opinion or advice rendered by Mr. Danforth or any other attorney attending the meeting; (f) Any written memoranda prepared by or for the Board or its
members in connection with the meeting; (g) Any follow-up communications between Board members or between any Board member and counsel regarding the subject matter of the meeting; (h) The engagement letter, retainer agreement, scope of work, or any other contractual document governing the engagement of Mr. Danforth, including identification of Mr. Danforth’s firm and the date of engagement.
To the extent any record is withheld on the basis of attorney-client privilege, please provide a privilege log identifying each withheld record by date, author, recipient, subject matter, and the specific basis for the privilege claim. The District is on notice that the substance of the legal advice received was voluntarily disclosed in open session by Mr. Hills, and the District should evaluate the extent to which any subject-matter waiver of privilege has occurred. If the District has no records responsive to any subparagraph of this item, please state in writing for each specific subparagraph that no responsive records exist.
34. Teacher Listening Sessions Report with President Morgan.
The teacher listening sessions report referenced in the public record of the May 14, 2026 Special Meeting, including all related underlying records: notes of each listening session, attendance records, the analytical findings, the final report document, and all communications between Board members or between any Board member and the District’s legal counsel regarding the report. If the District has no records responsive to this item, please state in writing that no responsive records exist.
35. District Outside Legal Counsel — Engagement and Transition.
All records concerning the District’s engagement of outside legal counsel during the period January 1, 2020 to the date of this request, including:
(a) The current engagement letter, retainer agreement, or other agreement between the District and Dannis Woliver Kelley, including all amendments, scope of representation, billing rate schedules, and any conflicts disclosures;
(b) Any prior engagement letter, retainer agreement, or other agreement between the District and Atkinson, Andelson, Loya, Ruud & Romo, including all amendments;
(c) The date the District’s engagement of Atkinson, Andelson, Loya, Ruud & Romo concluded, or the current status of that engagement; (d) The date the District’s engagement of Dannis Woliver Kelley commenced;
(e) The Board action item, vote, or other authorization for the engagement of Dannis Woliver Kelley;
(f) Records of any Request for Proposals, solicitation, competing bids, selection committee documents, or other competitive process used to select outside legal counsel for the District;
(g) All communications between any Board member, the Superintendent, the Acting Superintendent, the Board Secretary, and either Atkinson, Andelson, Loya, Ruud & Romo or Dannis Woliver Kelley regarding the transition of outside legal counsel.
36. Outside Legal Counsel — Billing Records.
All invoices, statements, and billing records from the District’s outside legal counsel for the period January 1, 2024 to the date of this request, including attorney time entries, hourly rates, expense entries including travel, and matter descriptions, with attorney-client privileged content redacted only as necessary in accordance with Government Code section 7927.700, accompanied by a privilege log identifying each redaction. Pursuant to County of Los Angeles Board of Supervisors v. Superior Court (2016) 2 Cal.5th 282, billing records are not categorically privileged, although specific entries that reveal confidential attorney-client communications may be redacted with privilege log support.
37. Board Action Items Approving Outside Legal Counsel.
All Board action items, Board votes, and meeting minutes approving the engagement of the District’s outside legal counsel or authorizing payments to such counsel, for the period January 1, 2020 to the date of this request.
Records Relating to the May 14, 2026 Meeting Recording
I separately request the following records relating to the recording, editing, hosting, and retention of the May 14, 2026 Special Meeting video. These items are independent obligations under Government Code section 54953(b)(3), the District’s records retention obligations under Education Code section 35254 and 5 California Code of Regulations sections 16020 et seq., and Government Code section 34090.
38. Original Unedited Meeting Recording.
The complete original unedited audio and video recording of the May 14, 2026 Special Meeting, as captured by the District’s recording equipment or its designated vendor at the time the meeting was held. The District’s obligation to retain and produce the
original is independent of any subsequent decision by YouTube or any other hosting platform to remove, age-restrict, or otherwise alter access to a posted copy.
39. Edited or Modified Versions of the Meeting Recording.
Any and all edited, redacted, abridged, or otherwise modified versions of the May 14, 2026 Special Meeting recording, in any format, hosted on any platform, including but not limited to the District’s website, YouTube, ParentSquare, or any other distribution channel.
40. Communications Regarding Editing of the Recording.
All communications, in any form, between any persons regarding any modification, editing, redaction, removal, or re-posting of the May 14, 2026 Special Meeting recording. For the avoidance of doubt, “any persons” includes:
(a) Any Board member; (b) Any District employee, administrator, or contractor; (c) Any attorney representing or advising the District; (d) Any third-party vendor responsible for recording, hosting, editing, or distributing the meeting video, including any platform host; (e) Any individual or organization whose comments, words, image, statements, or appearance were edited, removed, redacted, or altered from the recording; (f) Any individual, organization, or member of the public, of any affiliation, who contacted the District, through any channel, requesting or recommending that any portion of the recording be edited, modified, removed, or re-posted.
41. Specific Identification of Each Edit.
A complete and specific identification of every edit made to the May 14, 2026 Special Meeting recording, including:
(a) The identity of every individual who made, authorized, requested, or approved each edit; (b) The date and time of each edit; (c) The specific portion of the recording edited, identified by timestamp in the original unedited recording; (d) The verbatim content of every word, statement, image, or audio segment removed, redacted, altered, or otherwise modified, as it appeared in the original unedited recording; (e) The stated reason for each edit, including any document, communication, or instruction relied upon to authorize the edit; (f) Whether any individual or organization outside the District requested, recommended, or otherwise initiated the edit, and the identity of any such individual or organization.
This item does not require the creation of new records. The information requested is identifiable from a comparison of the original unedited recording requested in item 38
with the edited version or versions requested in item 39, supplemented by any communications regarding the edits identified in item 40.
42. Legal Advice Regarding Editing of the Recording.
All legal advice, written opinions, memoranda, communications, instructions, or directives provided by or to the District’s outside legal counsel, in-house counsel, or any other attorney, regarding the editing, redaction, modification, removal, or re-posting of any portion of the May 14, 2026 Special Meeting recording. To the extent any such record is withheld on the basis of attorney-client privilege, please provide a privilege log identifying each withheld record and the basis for the privilege claim.
43. Platform Notifications Regarding the Recording.
Any notification received by the District from YouTube or any other hosting platform regarding any community guidelines violation, terms of service issue, removal, age restriction, demonetization, or other adverse action taken with respect to the May 14 meeting recording.
44. District Retention Policies for Meeting Recordings.
The District’s adopted policies, procedures, retention schedule, and any written guidance governing the recording, retention, editing, posting, and removal of public meeting recordings, including any policy adopted under Government Code section 54953(b)(3) or the District’s Records Retention Schedule under 5 California Code of Regulations sections 16020 et seq.
45. Failsafe Statement Regarding Original Recording.
If the District does not have a copy of the original unedited recording in its possession, custody, or control, a written statement explaining when the recording was last in the District’s possession, who had custody of it, when and how it was lost, deleted, or destroyed, and on whose authority that occurred.
Format, Process, and Timelines
Electronic copies in PDF and standard video format (MP4 or equivalent) are preferred, delivered by email to this address.
For Form 700 records identified in items 1 and 2, the District is required to make these records available no later than the second business day following the day on which they were received by the filing officer, pursuant to Government Code section 81008.
For records subject to the immediate-availability provisions of BB 9321 (closed-session documents that become public upon Board approval) and BP 2121 (Superintendent employment contracts and settlement agreements), the District’s own adopted policies require production without delay. For all other records, the District is required to determine within ten days whether the request seeks disclosable records under Government Code section 7922.535(a). Any extension claimed under section 7922.535(b) for unusual circumstances must be Supported in writing identifying the specific basis for the extension and the date by which the determination will be made. In light of this request, the District is on notice of its obligation to preserve all responsive records, including communications on personal devices and personal accounts. Any destruction, deletion, or alteration of responsive records following receipt of this request may constitute spoliation of evidence under California law, a violation of California Penal Code section 135, and a violation of the District’s records retention obligations under Government Code section 34090 and Education Code section 35254. For any record withheld or redacted in whole or in part, please provide: (a) The specific statutory exemption justifying the withholding or redaction, identified by section number; (b) A privilege log identifying each withheld or redacted document by date, author, recipient, subject matter, and the specific privilege or exemption claimed; (c) The factual basis for any deliberative process or balancing test invoked under Government Code section 7922.000 et seq. Please confirm receipt of this request in writing within one business day. Notice of Protected Activity Framework Affecting LBUSD Senior Staff In addition to the protected activity status of this request itself, the District is hereby placed on formal written notice of the legal framework governing any personnel action that may be contemplated or taken with respect to LBUSD senior staff during the pendency of this request or in any period reasonably proximate thereto. A. Applicable Statutes and Doctrines. The following statutes and doctrines prohibit retaliation against public employees who have engaged in, are perceived to have engaged in, or may in the future engage in protected activity, including the disclosure of information concerning matters of public concern, the provision of information to public
records requesters or to the press, the giving of public comment at Board meetings, and the refusal to participate in conduct an employee reasonably believes to be unlawful: (1) California Labor Code sections 1102.5 and 1102.6, including the perceived-whistleblower and anticipatory-retaliation provisions of section 1102.5(b), under which an employer “shall not retaliate against an employee for disclosing information, or because the employer believes that the employee disclosed or may disclose information,” and including the contributing-factor framework and clear-and-convincing employer burden established by Lawson v. PPG Architectural Finishes, Inc. (2022) 12 Cal.5th 703;
(2) California Education Code section 44113, the Reporting by School Employees of Improper Governmental Activities Act;
(3) The First Amendment to the United States Constitution as applied to public employees on matters of public concern;
(4) Article I, sections 2 and 3 of the California Constitution.
B. LBUSD Senior Staff Covered. For purposes of this notice, “LBUSD senior staff” includes, but is not limited to, the Acting Superintendent, all Assistant Superintendents, all Principals, all Directors and Coordinators, all classified employees serving in communications, instructional, or operational functions, any LBUSD employee whose duties have been materially altered during the period from November 5, 2024 to the date of this request, and any LBUSD employee whom the District perceives or has reason to believe may have communicated, or may communicate, with the requester, with any third party, or with any oversight body concerning the subject matter of this request, regardless of whether the employee actually has so communicated.
C. Documented Pattern of Communications Function Authority. The District’s adopted policies require that the Communications Director be one of the four authorized spokespersons under BP 1112 and that the Superintendent or designee establish communications protocols under BP 1100. The May 14, 2026 press release announcing the appointment of Mr. Austin was a District-funded mass communication, distributed through ParentSquare and other District channels to over 200 recipients. The District is on notice that any restructuring of the role of the Director of Communications and Engagement, or any other staff member whose statutory function under BP 1100, BP 1112, or any other adopted policy may be curtailed, constitutes a personnel action subject to the legal framework set forth in this section.
D. Anti-Coercion Notice. Any communication from the District, any Board member, the Acting Superintendent, the Board Secretary, District counsel, or any other agent of the District, to any LBUSD employee covered by this notice, that seeks to identify, interrogate, or determine whether the employee has communicated with the requester or with any third party concerning the subject matter of this request, or that seeks to encourage, induce, suggest, or pressure that individual to make any public or private Statement concerning protected activity, or that otherwise seeks to interfere with the employee’s exercise of protected activity, may itself constitute prohibited retaliation or prohibited interference with protected activity under one or more of the statutes cited above. The requester will treat any such communication, if it occurs, as additional evidence of retaliatory motive.
E. Burden-Shifting Framework. Under Lawson v. PPG and Labor Code section 1102.6, a plaintiff in a whistleblower retaliation action under Labor Code section 1102.5 need establish only by a preponderance of the evidence that protected activity was a contributing factor in any adverse personnel action, after which the burden shifts to the employer to demonstrate by clear and convincing evidence that the action would have been taken for legitimate, independent reasons even if the employee had not engaged in protected activity. Any adverse personnel action taken against any LBUSD employee covered by this notice, during the pendency of this request or in any period reasonably proximate thereto, will be evaluated against this framework and the documentary record this request will produce.
F. District Policy Reinforcement — BP 4118 and BP 4218. The protections set forth above are reinforced by the District’s own adopted policies. LBUSD Board Policy 4118 prohibits the suspension, discipline, reassignment, transfer, dismissal, or other retaliation against any certificated employee solely for engaging in protected activities, and requires not less than 90 days written notice before the filing of any suspension or dismissal notice premised on unsatisfactory performance, and not less than 45 days written notice before the filing of any such notice premised on unprofessional conduct, with disciplinary authority placed with the Superintendent. LBUSD Board Policy 4218 prohibits the same forms of retaliation against any classified employee, and requires, for permanent classified employees, the procedural protections established in Skelly v. State Personnel Board (1975) 15 Cal.3d 194. G. Board Member Disclosure Protections — BB 9011. The District’s adopted Board Bylaw 9011 expressly provides that “the Board shall not take any action against any person for disclosing confidential information, nor shall the disclosure be considered a violation of the law or Board policy” when the person is making a confidential inquiry or complaint to a district attorney or grand jury concerning a perceived violation of law, expressing an opinion concerning the propriety or legality of Board action in closed
session, or disclosing information that is not confidential. The District’s adoption of BB 9011 is on the record, and the District is on notice that its provisions apply by their terms to any Board member exercising the rights they describe. H. Requester’s Capacity. The requester acts solely in her individual Capacity as a parent and a private citizen exercising rights guaranteed by the California Constitution and the California Public Records Act. The requester is not authorized to speak for, and does not purport to speak for, any LBUSD employee. The requester is placing the District on notice of the legal framework that will govern any future personnel action affecting LBUSD employees within the categories described above. The protections invoked are public-policy protections that exist by operation of law for the benefit of California public employees and the public interest in transparent government; they are not contingent on the request, consent, or endorsement of any individual employee. I. Request for Legal Counsel Review. Given the legal framework set out in this section, the requester respectfully requests that the District review this request through legal counsel and that any personnel action affecting LBUSD senior staff during the pendency of this request or in any period reasonably proximate thereto be evaluated against this framework with the advice of legal counsel. J. Referral Reservation. The requester reserves all rights to refer any conduct inconsistent with the protections cited above to the California Attorney General, the Orange County District Attorney’s Public Integrity Unit, the California Department of Industrial Relations, the Orange County Department of Education, the Fair Political Practices Commission, the United States Department of Education Office for Civil Rights, and any other appropriate oversight body. Protected Activity This request is made in good faith, in support of transparent governance, and in furtherance of my child’s interest in attending a school district governed in accordance with California law. The right to inspect public records is a constitutional right under Article I, section 3(b) of the California Constitution. This request is protected speech and petition activity under the First Amendment of the United States Constitution, Article I, sections 2 and 3 of the California Constitution, Code of Civil Procedure section 425.16, and Civil Code section 47. Any retaliation, intimidation, or attempt to characterize this lawful request as harassment, smear, defamation, or improper interference with Board functions will be documented and addressed accordingly, including, if necessary, by complaint to the Fair Political Practices Commission, the California Attorney General under Government
Code sections 7923.000 et seq., the Orange County District Attorney’s Public Integrity Unit, the United States Department of Education Office for Civil Rights, and through civil action under 42 U.S.C. sections 1983 and 1988. The protected activity status of this request and the protected activity framework affecting LBUSD senior staff set forth above are independent and cumulative.
Counsel for the District
I respectfully note that legal counsel paid from public funds entrusted to the District represents the Laguna Beach Unified School District as an institution under California Rules of Professional Conduct 1.13, not individual Board members in their personal capacities. Any response on District letterhead or from District counsel will, I trust, reflect the District’s institutional position. If the District wishes to characterize this request, or any related civic engagement, as anything other than a lawful exercise of public records rights, I would appreciate confirmation that such characterization has been authorized as the institutional position of the District rather than as a defense of any individual Board member’s personal interest.
Conclusion
The District commits multi-year executive compensation, separation arrangements, and other significant public expenditures through decisions made in closed session. The termination of one Superintendent on May 12, 2026, and the appointment of another on May 14, 2026, in compressed timeframes, require complete and well-documented records of the disclosures, vetting, and deliberation that supported each decision. The standards the District has set for itself, in its own Board Policies and Bylaws and in its Conflict of Interest Code, call for transparency and the highest ethical conduct in such matters. This request is a routine and lawful means by which a parent and member of the public seeks to confirm that those standards have been met for the benefit of the children and families this District serves.
I look forward to the District’s prompt and complete compliance with the timelines and obligations set out above.
If you made it to the end, thank you. I appreciate your commitment to the betterment of our schools.