Thursday, March 03, 2005

Klein speech defends actions.

Klein speech reignites Sierra battle
Payout for Ramirez retirement will cost college $405,000

By: Ryan Sabalow, Gold Country News Service
Tuesday, March 1, 2005 4:13 PM PST
Placer Herald


Sierra College Trustee Aaron Klein drew both praise and criticism from area community leaders after defending his recent actions in a speech to the Auburn Chamber forum Feb. 22.

In the early morning presentation at City Hall, Klein said he stands behind his choice to be critical of former Sierra College President Kevin Ramirez.

He was also the first trustee since Ramirez's contract buyout was announced last month to give an exact figure on the settlement, saying the final payout would be $405,000.

Ramirez is also in line to collect more than $10,000 a month in state retirement benefits for the rest of his life, Sierra College officials said.

If Ramirez lived to be 86 years old, he would receive more than $3.5 million from State of California employee paychecks, when retirement is combined with his buyout package.

Klein said he was perturbed that Ramirez's settlement forbids him or other members of the board from publicly discussing the settlement.


"I think it is unfortunate that the recent settlement agreement with (Ramirez) forbids trustees to tell the facts of what actually happened ... ," Klein said.

Former Auburn Mayor Cheryl Maki told Klein after his speech that although she supported him during the election, his choice to push the former president to resign was unduly costly to the college.

"It's naïveté to think that the atmosphere you created didn't force him to leave," she said.

She said Ramirez's settlement and the costs associated with replacing him were poor choices, since his contract expired in a year and a half. She said if Klein took issue with Ramirez's leadership, he should have let his contract expire.

Although he was one of six trustees to eventually approve the settlement, Klein said he originally voted against the buyout because of its high cost.

He said he agreed to the final settlement only because the board needed "to speak with one voice and be united."

Klein's statement that Ramirez would receive $405,000 was the first time a trustee had given anything but vague responses to the settlement figure. Some trustees said it would be as high as $500,000.

Board Chairman Jerry Simmons confirmed Tuesday that Klein's figure was accurate and that Ramirez would also receive more than $10,000 a month from the state's retirement system for the rest of his life.

"It's sort of like Social Security," Simmons said. "But we don't have any obligation except where we have to pay him for the (next) six months he's working for the campus."

Many of Klein's critics cite these high costs as reasons why some are pursuing a recall effort against the newly elected trustee.

"Mr. Klein is painting the picture that what he did only cost the district some four-hundred-odd-thousand dollars," said Kent Pollock, a part-time Sierra College journalism instructor spearheading the recall effort against Klein.

Pollock said other unstated costs include having both Interim President Morgan Lynn and Ramirez employed at the same time, along with the expensive costs of searching for a replacement and buying out Ramirez's pension.

The large figures didn't stop forum attendee Tom Dwelle from speaking in favor of Klein during the meeting. Dwelle said Klein was on the right track.

"He's a smart guy. I love him," Dwelle said after the meeting. "He's enthusiastic and capable."

Throughout the speech and ensuing discussion, Klein returned to his oft-repeated theme that all of his actions were for the best interest of the college, community and taxpayers.

He said under Ramirez's leadership, the college cut student programs and increased its debt as administrators took pay increases.

He was also critical of the failed Measure E bond and cited past Placer County grand jury investigations of Ramirez and Sierra College.

"It was then that I knew Sierra College needed new leadership on the board of trustees," Klein said. "The college had been doing great things for the community, but its direction for the future was dead wrong."

Klein also responded to the claim by many of his critics that he is a right-wing extremist with strong ties to ultra-conservative members of the Republican Party.

"Time has not been kind to their story," Klein said. "The facts sort of got in the way."

He said by agreeing to appoint Lynn - a registered Democrat - it shows he's not being partisan.

Her appointment would also put the reins of power at the college back into the hands of the trustees, he said.

"(Lynn) believes that the board of trustees is elected by the people, and that the trustees are her boss," he said. "Not the other way around."

Controversy has followed Klein since he was sworn in as trustee last month. After sending e-mails in which he spoke critically of Ramirez to Sierra faculty, Klein filed a complaint with the Placer County Elections Department, stating Ramirez had used unethical means to fund campus bond measures.

Ramirez denies any wrongdoing, and the complaint has been forwarded to the California Fair Political Practices Commission. The commission has yet to issue a ruling.

Close to a week after Klein filed, Ramirez announced to the board that he wished to retire, and after nearly a month of closed-door meetings, Ramirez received his retirement settlement.

He is to remain as "President Emeritus" until this summer, while Lynn serves as interim president until a replacement can be found. Soon after retiring, Ramirez received word that he would receive the Harry Buttimer Distinguished Administrator Award - the highest honor that can be bestowed upon a college administrator.

The high costs associated with removing the popular president and Klein's stated mission of fiscal accountability don't sit well with many Sierra instructors.

"I don't know how (Klein) can defend his actions," said Ramirez supporter Joe Medeiros, biology professor at Sierra College. "He was one of those who spearheaded taking out a man who is a state champion. I don't see how he can justify that at all."

Victor Uhouse, another forum attendee, said he didn't view Klein's actions as controversial, saying the newly-elected trustee has kept taxpayer interests at heart.

"Waiting a year and a half to (to buy out Ramirez's contract) may not have been in the best interest of the college," Uhouse said.

1 Comments:

At April 11, 2006 1:59 PM, Anonymous Anonymous said...

FOR RELEASE:
October 3, 2005

CONTACT:
Marisa Spatafore
650.949.6107; spataforemarisa@fhda.edu


FOOTHILL-DE ANZA COMMUNITY COLLEGE DISTRICT RESOLVES FPPC CLAIM
Agency Says De Anza Student Body Contribution Was Mistake of Law Only


LOS ALTOS HILLS-The Foothill-De Anza Community College District will pay a $4,000 fine to settle a claim by the Fair Political Practices Commission (FPPC) in connection with a De Anza Associated Student Body (DASB) contribution to the district's 1999 bond measure campaign. DASB is De Anza College's student government organization.

The claim centered upon DASB, at the time of the $75,000 donation, not making a budgeted contribution to fund a small portion of the college district's certificate of participation (COP) for the expansion of the De Anza Campus Center. DASB student government leaders instead asked the student-controlled Campus Center Advisory Board to consider making the COP contribution from its own earned revenue. The Campus Center Advisory Board voted at a public meeting to do so.

No taxpayer funds were used in any way to support the campaign for the bond measure, and no district employee requested the donation, profited from the campaign or otherwise acted improperly.

The FPPC and the district agreed on a $4,000 fine because of the FPPC's belief that the contribution, made six years ago by DASB with DASB's own non-public funds, was "in effect" a contribution by the college. The stipulation reflects the FPPC's agreement that there was no intent to violate the law because all involved, "operating on a mistake of law, believed that this transaction was legal." The district has had no previous FPPC complaints.

According to Foothill-De Anza Board of Trustees President Edward A. "Sandy" Hay, the settlement of the technical violation makes fiscal sense. "It could cost the district more than $100,000 in attorneys' fees to litigate this complaint," he said. "That money should go instead toward educating students."

The stipulation also settles the FPPC's claim that no contribution report was filed after the DASB donation. "While a filing error occurred on the part of DASB, college officials made every effort to follow all campaign finance and public records laws," said Hay. DASB has since filed the report.

The Foothill-De Anza Community College District has served the communities of Silicon Valley for almost 50 years, providing workforce education and programs to prepare students for transfer to four-year institutions. As one of the largest community college districts in the nation, Foothill-De Anza educates more than 44,000 students each quarter.

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