The Santa Clara County Office of Education’s governing board appointed an interim superintendent of schools Wednesday night, after an attempt by recently ousted superintendent Mary Dewan to stop the appointment was struck down in court.
Dewan — who was unexpectedly removed from her position earlier this month — and her lawyer, Steven Ellenberg, filed a temporary restraining order Monday to attempt to prevent the board from appointing an interim county superintendent.
But the Santa Clara County Superior Court denied Dewan’s request shortly before 5 p.m. Wednesday and said she had not adequately proved that she will “ultimately prevail” in her claim that the board had violated her contract and wrongfully terminated her.
The board voted Wednesday evening in a 6-1 vote to appoint Charles Hinman as the interim superintendent, who will start Thursday. Board president Maimona Afzal Berta and members Joseph Di Salvo, Don Rocha, Grace Mah, Victoria Chon and Raeena Lari voted in favor of appointing Hinman, while member Tara Sreekrishnan voted against and urged the board to consider an internal appointment.
In an emailed statement, board president Berta said she was “pleased the court put this unnecessary distraction to rest.”
“I am committed to a process that allows for input from all stakeholders to identity a new superintendent who can deliver the core services of the organization at a top quality, maintain prudent fiscal management and uphold our values of respecting all communities,” Berta said.
Dewan’s lawyer said that while they “were disappointed” by the judge’s decision, they remain optimistic.
“We believe that there is some information that we will provide to judge that may help him take another look at his decision,” he said.
According to Hinman’s $74,733 contract, he will work a maximum of 62 days or until a new superintendent is appointed. Hinman will also receive up to $21,000 for travel and lodging while he works for the county’s education office.
Hinman said at Wednesday’s meeting that he has over 35 years of experience in public education and has “sat in all the seats” as teacher, coach, administrator and superintendent. He currently lives and works in Orange County as interim executive director of Oxford Preparatory Academy.
On Wednesday, dozens of community members spoke out in support of Dewan at the board meeting and implored the board to reconsider its decision to fire her, saying they were “appalled,” “saddened” and “distressed” by her shocking firing. Some in attendance even held up paper cut-outs of Dewan’s face. Dewan did not attend the meeting.
Several of those who spoke during the meeting’s public comment period echoed board member Tara Sreekrishnan’s demand for a civil grand jury investigation into the decision and the board’s “governance and mismanagement.”
Notable public speakers included Maureen McCarty, district director for Assemblymember Gail Pellerin (D-Santa Cruz). McCarty read out a portion of the letter Pellerin and five other state legislators — Assemblymembers Robert Rivas, Marc Berman and Evan Low and Senators Josh Becker and Dave Cortese — sent the board Monday opposing the decision to terminate Dewan and urging them to reconsider.
“The board’s decision wastes finite public resources and will significantly disrupt student services, district supports and critical programs that benefit our highest need populations,” the letter said.
Former Santa Clara County Board of Education member Kathleen King also spoke out at the meeting in support of Dewan.
“Joe (Di Salvo) and Grace (Mah) have been trying to remove Dr. Dewan since I was on the board,” King said. “Maimona (Afzal Berta) and Don (Rocha), please reconsider your decision…Nothing has happened that you cannot undo…It’s hard to tell our children that you’re doing something like this without cause.”
Recent investigative reports obtained by this news organization have revealed additional details that point to a battle between board members and the superintendent, several allegations of wrongdoing by board member Grace Mah and widespread fears over retaliation – including retaliation against Dewan.
At Wednesday’s meeting, the board also approved a $36,500 agreement with Leadership Associates, an executive search firm that conducts superintendent and other leadership searches for school districts, to find the county office of education’s next superintendent. The board approved the agreement in a 6-1 vote, with board member Sreekrishnan voting against the agreement.
Notably, the board also approved a contract with law firm Redwood Public Law to serve as its separate legal counsel to navigate Dewan’s lawsuit against the board. The board approved the agreement in a 6-1 vote, with board member Sreekrishnan voting against the agreement. She pointed out that the the agreement with Redwood Public Law is the third board contract with separate legal counsel in less than a year.
Assistant superintendent of business services, Stephanie Gomez said Wednesday that the board of education has racked up $243,000 in legal costs to date for the 2023-2024 year. She added that the county office of education allocates $176,000 for board legal costs from the adopted county budget each year but has “recently exceeded” that amount and is in the process of allocating another $100,000 for existing contracts.
