Posted in the San Jose Mercury News; October 10, 2006
As reported recently in the Mercury News, the ESUHSD school board ordered (June, 2006) and independent investigation against me for alleged violations of board policy and state laws. This investigation was regarding a political statement that I made during a deliberation in a special meeting about whether or not to allow 227 students to graduate. Ultimately, I was reprimanded in public and a resolution of censure was passed. The question is; for what?
The entire course of action by my colleagues on the board is an appalling infringement on political debate, a bogus and unnecessary waste of taxpayer money, and a personal attack that ignores constitutional protections and basic civil rights. The investigation itself cost over $6,000 and concluded that I had done nothing wrong. I chose not to waste taxpayer money by not participating in the investigation. The money should have gone into classrooms to help kids succeed.
All this, because of comments I made at a meeting to another trustee; a fellow immigrant to this country who I pleaded with to remember what it is like to come to this country challenged by the difficulties of language barriers. He is first generation Vietnamese-American; someone who benefited from public education. I am first generation Mexican-American, a proud mother and grandmother; bilingual teacher, and dedicated public servant for over two decades. I was seeking his empathy.
First, my comments are protected under the First Amendment of the Constitution of the United States. Political speech is held by the courts as a fundamental right and is allowed to be restricted only when a compelling governmental interest is at stake. Certainly the facts in this case would not be viewed as a compelling reason to discourage free speech.
Second, despite the fact that the investigation cleared me of any wrongdoing my colleagues on the board voted to reprimand me anyway. The investigation itself stated that the board had no policy in place to reprimand or take any further action, and that my tapping a colleague on the shoulder with my finger and speaking to him did not amount to an offense. Nevertheless, the board ignored their own investigator and dismissed his conclusions. One can only assume then that the board majority either orchestrated a well planned conspiracy to discredit me and embarrass me in public (right before my re-election to the board) or, is ignorant of the fundamental rights each of us is intended to enjoy under the First Amendment.
My biggest disappointment was the lack of effort in pursuing alternatives. There was never any effort by anyone on the school board, superintendent or by the general counsel to resolve our personal conflicts. In fact, I offered to participate in mediation to resolve the issues between me and Trustee Lan Nguyen, the individual who was offended by my comments, to no avail. My phone calls and requests for mediation went unanswered.
My second disappointment was the conduct of the board itself: Trustee J. Manuel Herrera's failure to lead as board president (for the last three years) in a more positive direction. Trustee Shirakawa's willingness to condemn my comments even though he was not present at the meeting where they took place. He went on to personally request the investigation. Trustee Craig Mann who has a long and well documented history of inappropriate behavior (was never investigated) and has chosen to leave next month-- not even sticking around to finish his term.
I admit that I am passionate, direct and emotional when it comes to student's and teacher's rights. I ask many questions about board members having personal conflicts of interest and projects which benefit them directly. Yes, I fight for what is right for our district and I am not afraid to ask questions of the administration. For example, an independent investigation found the district was inappropriately splitting bids. And in response to another of my questions the district admitted that there were over $13,000,000.00 (yes, million) in change orders to build Evergreen Valley High School. That money too should have gone into classrooms to help kids succeed. I will continue to ask questions and be critical of wasteful spending.
I apologize to the public for this most embarrassing and humiliating experience of my life; the board majority has caused my family and friends unnecessary pain and have abused their power.
I ask for your empathy and support in order to continue to fight for what is right.
Patricia Martinez-Roach
Member
East Side Union High School District
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The purpose of this article is for you to be informed and to get both sides of the story.
My only interest is to continue to support our students, families and staff members.
Being an independent, honest and outspoken advocate comes with a price. I don't beg for money from interest groups and refuse to play into the games of small cliques controlling our government.
I insist on accountability and honesty. East Side Union High School District has been entrusted by the residents in the district to spend millions of dollars towards restoration and rehabilitation of all school campuses through three different school bonds. I want to insure all schools get a fair share of the tax dollars.
