Turlock drops lawsuit against school board member who refused to mask in meetings
Trustees for Turlock Unified School District voted Tuesday to drop a lawsuit against fellow school board member Jeffrey Cortinas.
The district and school board filed the lawsuit a month ago, asking the Stanislaus County Superior Court to force Cortinas to wear a mask in meetings in compliance with California’s public health rules or agree to participate remotely.
In the lawsuit, the district and board blamed Cortinas’ repeated refusal to follow mask requirements for their inability to meet in person, a canceled meeting in January and other disruptions.
“Trustee Cortinas’ failure to wear a face covering or agree to alternative arrangements has placed the health and safety of his fellow Board members and District staff, students, and families at risk,” the district and board stated in court documents. “Moreover, Trustee Cortinas’ actions could also result in the District being fined for its failure to implement public health orders and mandates.”
On Monday, California officials announced that mask requirements for K-12 schools will lift March 12. The school board’s next meeting is scheduled for March 15.
Monday evening, a Turlock Unified administrative assistant sent an agenda for a special meeting Tuesday, called 30 minutes prior to the board’s regularly scheduled session. The special meeting agenda listed only the lawsuit against Cortinas for a closed-session conference with legal counsel.
Trustees Anthony Silva, Jose Sanchez, Mary Jackson, Daniel Benedict and Lori Carlson voted in favor of dismissing the lawsuit after meeting with additional district leaders and their lawyer for nearly 20 minutes.
Cortinas and Trustee Kenneth Howenstine were not present for the special meeting, but Cortinas joined the regular meeting that followed.
The district most recently requested a temporary restraining order for Cortinas. A hearing had been scheduled for March 8. A case management conference was set for June 6.
The board has met virtually since January. Trustees quietly reapproved a resolution Tuesday that will allow them to meet virtually for the next 30 days. The resolution was included in the board’s consent agenda for the regularly scheduled meeting. All school board members (except Howenstine, who was absent) voted on the consent agenda without discussion. The board’s next meeting will be held in person, Russell said in a statement to The Bee sent Tuesday.
It’s also unclear how the board initially decided to sue Cortinas. When previously asked whether and when the board voted to pursue the lawsuit, TUSD spokeswoman Marie Russell and board President Lori Carlson said they were unable to comment on pending litigation. Russell did not address this and a question about how much the district spent on legal fees in her statement.
“Our intended efforts and outcome to return to in-person meetings with student engagement is now achievable with the updated State masking requirements effective for schools March 14,” Russell said in the statement. “Subsequently, the lawsuit is no longer necessary.”
In an email Tuesday morning, Cortinas said he’s ready to move forward. “I hope the district administrators and other board members share the same sentiment,” he wrote. “It’s time to heal and focus on our kids health after these past two years.”
A fund created to help the trustee pay legal costs has been deactivated and has a message that all funds raised — $2,849 — have been donated to the California Constitutional Rights Foundation.
Lawyer Robroy Fawcett submitted a written comment to the school board, which Superintendent Dana Trevethan read aloud prior to the closed session. He wrote that he was a lawyer for Cortinas and wanted to ensure the board was aware of recent changes to California public health guidance on masks as the board discussed the lawsuit.
This story has been updated to include comments from Cortinas and Russell.
This story was originally published March 2, 2022 at 10:29 AM.
