OC Board of Education Attorney Disputes Basis of State Audit

The Orange County Board of Education (BOE) is undergoing a state audit following accusations by a state senator that the governing body had been escalating disputes, engaging in costly legal battles, and making controversial policy decisions.

State intervention was initiated by state Senator Thomas J. Umberg (D-Santa Ana) who is also chair of the Senate Judiciary Committee.

“The people of Orange County deserve transparency, accountability and responsible stewardship of taxpayer dollars,” Umberg said in a statement online. “This audit is an important step toward ensuring that public resources are being used appropriately and that the focus remains on serving students and families.”

The state auditor approved the comprehensive investigation and issued a scope of review after Umberg submitted a formal request on March 3.

Among other things, the auditor is scrutinizing the BOE’s involvement in lawsuits challenging state policy and internal governance.

“The purpose of audits is to create the paper trail that everything else depends on,” senior trial attorney Alex Boris told OrangeCountyLawyers.com. “Like any legal case, you need to turn suspicions into documented evidence.” Boris works on school negligence cases at J&Y Law.

In addition to litigation activity, the state will review BOE charter school approvals.

One of the lawsuits that the BOE was involved in was filed in 2021 against Gov. Gavin Newsom and public health officials over state-mandated school closures and indoor mask rules for K through 12 students during COVID lockdowns.

“The real issue was whether prolonged emergency governance allowed executive agencies to bypass normal legislative safeguards,” Orange County Department of Education (DOE) and BOE general counsel Gregory Rolen said. “Interestingly, as the case moved forward, Governor Newsom himself became a major advocate for reopening schools quickly rather than waiting for perfect conditions.”

Another legal action challenged California’s AB 1955, which banned school districts from enforcing parental notification policies regarding a student’s gender identity or sexual orientation.

Read more about the 2024 Protect Kids California ballot initiative.

The BOE is represented pro bono in that case, which is pending in the Ninth Circuit while parties wait for the high court to schedule a date for oral arguments.

“The audit appears to be Sen. Umberg’s last-gasp attempt to harm the Board on his way out of office and to obtain labor union support for his Board of Equalization race,” Rolen told OrangeCountyLawyers.com

Umberg, who did not respond to OrangeCountyLawyers.com requests for comment, is among five candidates who are running for a Board of Equalization seat in District 4. District 4 consists of Imperial, Orange, Riverside, San Bernardino, and San Diego.

The BOE has stated publicly that it will cooperate fully with the audit process while also disputing a number of the claims and factual assertions, according to DOE chief communications officer Ian Hanigan.

“The board’s position is that the [audit] request approved by the Joint Legislative Audit Committee (JLAC) includes claims that are disputed, unsupported or inconsistent with publicly available records,” Hanigan told OrangeCountyLawyers.com.

A final audit report has yet to be released.

In a letter dated May 1, the BOE requested a public retraction from Umberg who has not responded to the BOE’s demand.

“His silence speaks volumes, and we are evaluating our next steps,” Rolen added.

*Photo credit for header image OCBOE.