Teachers' raises approved, legal question remains

The three new trustees of Fallbrook Union High School District – Bill O’Connor, Michael Schulte and Marc Steffler – voted with confidence Monday night to approve a $1.6 million package of raises and benefits increases for the 150 teachers in the district, despite some legal opinions that by doing so they are at potential risk for conflict of interest. O’Connor, Schulte and Steffler all have wives who will receive some element of financial benefit from the package.

“This has been a long, arduous process, and the legal opinions contradict each other,” Board President Bill O’Connor said. “I don’t see a conflict; I don’t see us breaking the law.” The new board majority voted in agreement with O’Connor.

Trustees Dennis Allen and Lynn Colburn voted against approving the agreement. Colburn elaborated on his position, emphasizing that he did not take issue with the teachers’ proposed package but that by voting it into effect with the three new trustees he felt he would be breaking the law, based on five legal opinions he obtained.

“I am not going to break the law,” Colburn said. “If someone challenges this, we will have to pay back – out of our own pockets – all damages, because insurance will not cover it. If a conflict of interest is proven, it would not be a misdemeanor; it would be a felony and could involve penalties, jail time and the loss of my credentials.”

Colburn went on to explain that he was in favor of settling the teachers’ contract prior to the end of 2006 and indicated it could have been achieved if one outgoing board member had stepped down a month before his term expired, thus removing any potential conflict of interest from the board’s actions. Former board member Ed Puett’s wife is a member of the district’s classified staff.

“We tried to suggest that, but he

was advised by union representatives not to resign from the board,” Colburn said. “We wanted the teachers to have their raises.”