Dismissed counselor alleges Brown Act violation

Dismissed Kenilworth Junior High counselor, backed by teachers union, alleges school board violated the Brown Act and asks for a re-hearing.|

As the Petaluma City Schools take a spring break, the fate of popular Kenilworth Junior High School counselor Joanna Paun remains in limbo with her non-election now tied to a legal challenge.

Last month, Paun was told by Kenilworth Principal Bennett Holley that she would not be back at Kenilworth next school year. Since Paun is in her second official school year (not counting a one-year internship), she is still on probation and can be released, officially termed “non-elected,” without cause. Had she returned next year, she would have been tenured and could not be released without the district providing cause.

Paun said the only reason Bennett gave her for the non-election was that she “was not a good fit.”

Petaluma City Schools Board President Sheri Chlebowski, responding to concerns expressed by parents and students, sent out an email prior to the board’s Feb. 27 meeting stating, “the Board of Education cannot discuss employee matters with anyone, neither can your site administrator. It is prohibited by law. Any decisions regarding personnel issues of employees may not be discussed with anyone outside of the administration and the employee. I know it doesn’t seem fair, but it is for the protection of all employees. Therefore, the board cannot talk about Ms. Paun’s employment, nor can any of the administrators for the school district. This is also why we cannot put this issue on the agenda for a Board of Education meeting.”

However, on the agenda for the board’s closed session meeting was an item for “Public Employee Discipline/Dismissal/Release.” On that list was Paun’s non-election.

Chlebowski explained at the March 13 meeting that the closed session agenda item was for the board, as is its custom, to review the actions of the site administrator and school district staff to make sure all procedures were done correctly before notice was given the employees.

The board president said she did not know that Paun’s name was on the list prior to the board meeting.

Paun supporters called the action a violation of the Brown Act, the state’s opening meeting law, and asked that Paun’s dismissal be put on a future board agenda.

Chlebowski said she was sorry for the confusion. “I perceived you were asking that we put it on the open-session agenda,” she said.

She explained that the item on the closed-session agenda was a resolution to approve the procedure made by site and district officials.

At both the February and March board meetings, several parents and students spoke in support of Paun.

“She honestly changed me,” said one Kenilworth student. “She really helped me and so many other students. She made a huge difference in my life.”

Paun said she is asking that, because of the alleged violation of the Brown Act, that her non-election be put back on a future agenda and that the board reconsider its decisions reached in the Feb. 27 closed session.

Petaluma Schools Superintendent Gary Callahan said he is consulting with the district attorney and is not sure what the district’s next step will be.

“I’ve never seen a situation quite like this.”

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