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School board approves giving trustee time off for family illness

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Laguna Beach Unified School District board members Tuesday night granted a fellow trustee additional time off to deal with a family illness on top of a months-long absence from board meetings, but confusion continued over what is permitted according to government code.

And it was unclear how much extra time Carol Normandin would be given.

Normandin, elected to the five-member board in November, has missed eight consecutive meetings since April 21.

She explained the reason in a letter read publicly by Supt. Sherine Smith.: “I am currently dealing with the illness of a family member.... I look forward to returning soon and ask all involved to balance the desire for publicity with our family’s need for privacy. I am grateful for the support of fellow board members, staff and friends.”

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Normandin did not return a call seeking further comment.

The board agreed that Normandin should be allowed additional time, but residents, who wished Normandin well, criticized the district’s handling of the matter, specifically the way staff worded its report.

The district’s report said: “Citizen request for agenda item placement: Declaration of vacancy on the board of education and actions regarding filling the vacancy.”

Parent David Flores said he emailed the district regarding Normandin’s absence, prompting the “citizen request” reference, but was puzzled by the “declaration of vacancy” wording, arguing that the district can’t make such a declaration without further infornation.

Flores’ email said in part: “It is important ... for the board to explain whether or not a vacancy now exists pursuant to California government code.”

On Tuesday, Flores further explained his intent.

“What I requested was the board discussing [California] government code 1770 [section G] and determining how it applied to this particular board,” Flores said. “What was on the agenda was not that. I have nothing to say about Carol Normandin. I wish her well and I pray for her and her family. I’m asking this board to take a look at government code and decide whether you need a board policy.”

The code says an office becomes vacant before the expiration of the term when the public official ceases “to discharge the duties of his or her office for the period of three consecutive months, except when prevented by sickness, or when absent from the state with the permission required by law.”

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The district staff report called the language in the code “ambiguous.”

“Whether it applies only to the officeholder, or also applies to the illness of a member of the immediate family, is unclear,” the staff report said. “Recent trends in state and federal law have included authorizations to care for seriously ill family members.

“‘Ceasing to discharge the duties of his office’ refers to an abandonment of the office, not an absence from certain duties and functions.... Member Normandin has continued to perform some of her duties during her absences from board meetings.”

Resident Howard Hills said characterizing the code as vague could work against the district and advised officials to be more proactive.

“A judge could decide or the [Orange] County superintendent of schools could say a vacancy existed as of July 20, and you would have the superintendent calling for a special election,” Hills said. “You would be ceding to the county your [governance] because you’re hiding behind something because it is vague.”

Trustee Jan Vickers said she wanted to know whether the district could legally provide Normandin an extended leave.

“We followed all procedures,” Vickers said. “I don’t disagree that government codes are confusing and hard to pinpoint. It is not clearly written.”

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Vickers added: “It is incumbent on us to do whatever we needed to do to let [Normandin] not attend meetings” to deal with the family illness.

Parent Sheri Morgan said Normandin attending to family was “most important” and the “right priority,” but added that the board was not operating at full strength without her.

“One of the things Ms. Normandin brings to the board and why people voted for her was a fresh perspective,” Morgan said. “She would ask different questions that hadn’t been asked by the board before. One of the things that is perhaps starting to weigh on people is somebody who is a second voice, new and fresh, who hasn’t been available in board meeting situations.

“As a community how do we keep a fresh perspective at board meetings is a dilemma that needs to be addressed. How do you get her input?”

Normandin has kept up to date with district issues by reading board correspondence, communicating with staff and attending “several” community events, according to the staff report.

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