August 13, 2015

Mr. Christopher De La Cerda

Clerk of the Board of Trustees

Fresno Unified School District

2039 Tulare St.

Fresno, CA 93721

Mr. De La Cerda,

Pursuant to Government Code section 54960.2, subdivision (a), Fresnans for

Responsibility and Ethics in Education (herein FREE) hereby submits this
cease and desist letter to the Fresno Unified School Board of Trustees with
respect to a Brown Act violation discussed below.

You may respond within 30 days of receipt of this letter (Gov. Code, 54960.2,
subd. (b)) or elect to respond to [this] cease and desist letter with an
unconditional commitment to cease, desist from, and not repeat the past
action[s] that are alleged to [have] violate[d] this chapter. (Gov. Code,
54960.2, subd. (c)(1). The format for such a commitment is described in
section 54960.2, subdivision (c)(1). The unconditional commitment must be
approved by the FUSD board in open session at a regular or special meeting as
a separate item of business (Gov. Code, 54960.2, subd. (c)(2)). The board
need not admit that a violation occurred, and providing an unconditional
commitment shall not be construed or admissible as evidence of a
violation. (Gov. Code, 54960.2, subd. (c)(1) and (4)).

FREE PO BOX 122521 San Diego, Calif. 92112

FresnoisUnified.org

Serial Meetings

The Brown Act prohibits serial meetings. A majority of the members of a

legislative body shall not, outside a meeting authorized by this chapter, use a
series of communications of any kind, directly or through intermediaries, to
discuss, deliberate or take action on any item of business that is within the
subject matter jurisdiction of the legislative body. (Gov. Code, 54952.2, sub.
(b)(1)).

This provision was violated when a 5-member (C. Johnson, C. De La Cerda, J.

Ryan, V. Davis, and L. Chavez) majority of the Fresno Unified school board used
a series of communications outside a meeting authorized by the Brown Act to
discuss and/or deliberate the ratification of a consulting agreement with Ernst &
Young (08/12/2015 Board Agenda Item A-16). Prior to the August 12, 2015
regular board meeting, such private discussions were unknown to Trustees
Carol Mills and Brooke Ashjian along with the public at-large.

Cease and Desist Demand

Pursuant to Government Code section 54960.2, FREE hereby demands the

Fresno Unified School Board of Trustees cease and desist from serial meetings
and other series of communications of any kind, outside a meeting authorized
by the Brown Act, directly or through intermediaries, that discuss, deliberate, or
take action on any item of business that is within the subject matter jurisdiction
of the Fresno Unified School District.

The Fresno Unified School Board of Trustees may respond to this demand as
provided in section 54960.2. FREE has the right to file a civil action to enforce
the Brown Act (Gov. Code 54960, 54960.1, 54960.2) We hope that the board
will agree to comply, and will comply, with the Brown Act, and that no legal
action will be necessary.

Sincerely yours,

Alex Tavlian
Fresnans for Responsibility and Ethics in Education

FREE PO BOX 122521 San Diego, Calif. 92112

FresnoisUnified.org

cc:

Cal Johnson, President of the Board

Janet Ryan, Member of the Board
Valerie Davis, Member of the Board
Carol Mills, Member of the Board
Brooke Ashjian, Member of the Board
Michael Hanson, Superintendent

Paid for by Fresnans for Responsibility and Ethics in Education FPPC ID Pending
FREE PO BOX 122521 San Diego, Calif. 92112

FresnoisUnified.org