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FUESD/Allyn retrial set for April


Thursday, January 16th, 2014
Issue 03, Volume 18.
Debbie Ramsey
Managing Editor


On Friday, Jan. 3 at a case management conference, Vista Superior Court Judge Jacqueline M. Stern set a new trial date of April 18 for the Elaine Allyn vs. Fallbrook Union Elementary School District (FUESD) case. The first trial, which ran seven days in October 2013, ended in a mistrial declared by Stern due to the time consumed versus the established 10-day availability of the jury.

Allyn, who is represented by Michael Curran of Curran & Curran Law, has claimed she was wrongfully terminated by FUESD administrators in 2012, after 18 years of employment, in an act of retaliation and that the district violated public policy by misusing public funds. When the mistrial was declared, Curran placed the blame on FUESD’s defense counsel for "wasting everyone’s time and resources due to intentionally prolonged examination of their defendants."

Conversely, FUESD attorney Gil Abed of Stutz, Artiano, Shinoff & Holtz, APC, said, "We are very disappointed that we were not able to complete this trial and show the jury the abundance of evidence justifying the dismissal of a management employee in the district."

In the retrial, Curran said, "The evidence in the second trial will be just what the first trial included – a breach of power and a cover up by the two most powerful administrators in the district – Candace Singh and

Raymond Proctor."

"This case is very troubling as it has administrators who commit questionable acts with no accountability, who are willing to spend any amount of public funds necessary in an attempt to cover up," said Curran. "They spent $42,000 on an investigation designed to place Advertisement
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blame on Ms. Allyn. That’s reprehensible."

Curran also filed an amended claim (requesting over $1.5 in lost past and future wages, benefits, punitive damages, and attorneys fees, compared to the original amount of $972,000.), which the district has denied, he said. "Because the court date is coming up so soon, Ms. Allyn is not amending her Superior Court complaint however, she is confident that all the allegations in the amended tort complaint will be brought forth at the second trial. [FUESD board members] will now be on Ms. Allyn’s witness list."

Transcripts from testimony heard in the first trial are likely to be introduced at the retrial, Curran said. "Impeachments made by witnesses are locked in. These will be read to the new jury in the retrial. They will hear the same thing the first jury did."

Curran said his client is ready for the next stage of proceedings.

"We are very much looking forward to the second trial, completing the trial, and getting our jury verdict," said Curran. "Ms. Allyn is also contemplating a separate lawsuit against Ms. Singh individually, Mr. Bixler individually, and the [FUESD] board members named in the tort claim individually for defamation per se, falsely and with no evidence whatsoever, accusing Ms. Allyn of being immoral and dishonest in her employment/profession at FUESD." Some of these allegations appear to be as a result of a letter to the editor submitted by FUESD board members and published in the Nov. 14, 2013 issue of the Fallbrook/Bonsall Village News.

Although contacted, FUESD legal counsel chose not to provide any updated information for this story.


 

13 comments

Comment Profile ImageThe Bold One
Comment #1 | Thursday, Jan 16, 2014 at 9:08 pm
Well, here we go again! Bound to get interesting. Wonder which board members he's going to have at? Those transcripts might carry some weight. Be interesting to hear the evidence from the other side.
Comment Profile ImageAppalled by our District
Comment #2 | Friday, Jan 17, 2014 at 7:08 am
Go get 'em Ms. Allyn. That letter from the FUESD board members disgusted me and made me regret my past voting practices. In the future, I will think twice before I put someone's election sign on my lawn.
Comment Profile ImageFallbrook Mom
Comment #3 | Friday, Jan 17, 2014 at 9:37 am
I was happy to see the board members added to the witness list. I hope Mrs. Allyn does bring individual lawsuits against Mrs. Singh, Mr. Bixler, and the board members. I deplore the amount of public money wasted in this case. Board members need to keep informed and not allow their employee, Mrs. Singh, to be their only source of information.
Comment Profile ImageBe Careful Who You Vote For!
Comment #4 | Friday, Jan 17, 2014 at 5:18 pm
These board members are the worst, including FUHSD. It's sad to see how the school districts work and misuse so much money that needs to go to our kids. They only think about their benefit, when the children should always come first. School districts are too political.
Comment Profile ImageStunned and Disappointed
Comment #5 | Friday, Jan 17, 2014 at 6:04 pm
After reading this recent article, I am stunned, disappointed and VERY angry with FUESD and the School Board members.

I went back and read through the other articles and I figured that if FUESD/Board spent $50-75,000 in legal fees on the first mistrial (that lasted 7 of 10 days) then they have to be spending at least that much for a retrial (the rumor is that it is scheduled for 20-25 days)? Plus the $42,000 spent on an investigator… WHY?

Why is the District wasting MY taxpayer’s money and countless others on something that does not sound like it will go well for them?!? Plus, the absolutely poorly timed/poorly thought out Letter to the Editor, which in my opinion opens the door for yet another lawsuit for defamation of character and libel? Whomever gave them the green light to print such an egregious letter should be fired. But I am sure all of that will come out in the retrial. My gut is that the District and the Board are in way too deep. Singh, Bixler, Proctor and now the Board members have backed themselves into a corner, and maybe their pride is making them waste money? Whatever the reason, they need to wake up to the reality that their jobs are all temporary, and they need to stop attempting to destroy Ms. Allyn’s reputation and life, stop wasting my money and settle this.

Like Comment#2, I also made a mistake in voting for some of the Board members, but the 2014 election is coming up, and I will vote for a monkey or a tin can before I vote for these people again. And Singh and Proctor better realize that when this is all over they will probably be out of a job. Keep wasting taxpayers’ money and they will see.

Thanks to the Village News for keeping us readers up-to-date with Ms. Allyn's fight. I have no doubt she will prevail, in spades!
Comment Profile ImageDistrict Employee
Comment #6 | Friday, Jan 17, 2014 at 9:33 pm
All that public money spent and the board members just voted Mrs. Singh a 15% raise to boot. Shameful!
Comment Profile ImageShame on FUESD
Comment #7 | Saturday, Jan 18, 2014 at 9:27 am
What a tragedy for our community. It has been common practice for these district administrators to bully staff and manipulate public funds for their own aggrandizement (Ms. Singh's office reno for one). Teachers received a pittance of a C.O.L.A. pay raise while these administrators received HUGE pay increases in a board meeting last summer! And the school board...what in the world were they thinking writing that recent letter to the editor condemning Ms. Allyn?! I truly hope that justice will be served in this next trial, but I think the Fallbrook community will lose out whatever the final verdict.
Comment Profile ImageConcerned Parent
Comment #8 | Saturday, Jan 18, 2014 at 4:42 pm
In the 12-16-2013 FUESD Board Minutes, board member, Patty De Jong states she participated in the annual CSBA conference. She inferred that the State Board of Education reinforced that FUESD is on the right track. I wonder if that includes breach of power, cover ups by school officials, defamation of Mrs. Allyn, and the squandering of public funds?
Comment Profile ImageERIN
Comment #9 | Sunday, Jan 19, 2014 at 9:10 pm
Fallbrook's own version of the City of Bell.
Comment Profile ImageInterested Educator
Comment #10 | Monday, Jan 20, 2014 at 10:07 am
Does anyone know how to access the salary information for district administrators? I have been told that Mrs. Singh received a 45% raise and many stipends with that, bringing her total package to over $200,000. I was also told that Mr. Proctor and Mr. Forseth received 24% raises and Mr. Bixler 15%. I'd like to confirm the accuracy of this. I reviewed the minutes from the summer meeting where their contracts were extended, but the actual contracts were not available. I wonder if the San Diego County Office of Education has this information.
Comment Profile ImageLee
Comment #11 | Tuesday, Jan 21, 2014 at 12:34 pm
Our entire legal system is all about money.
A judge is all about money.
A lawyer is all about money.
A school district is all about money.
School officials are all about money.
A school board is all about money.
A plaintiff is all about money.
A school custodian is all about money.
A teacher is all about money.

See a pattern?

When WE, THE PEOPLE, fund the purse but do not control the purse, a situation like this one is the result. WE, THE PEOPLE are not in control and power. We do NOT have a true democracy; we have a pseudo-democracy . . . at best.

Oh well.
Comment Profile ImageI wonder...
Comment #12 | Wednesday, Jan 29, 2014 at 10:08 pm
Why isn't this a bigger story and on our news channels? If this was happening in Poway, Vista, Oceanside or San Diego it would be all over the news for a while. They would keep it in the news until it was resolved. We should ask the news channels to do some investigating and see what they come up with. Turko too perhaps. If the board and the administrators get away with what they have done and continue to do with public funds, no one will be able to stop them. Does everyone know what has happened to Mrs. Allyn is wrong? Are public funds going to be used to protect the school board members from their liable? If Bixler, Singh, and the board members are sued personally, who pays for their defense? The taxpayers again? I think news cameras need to be in the next trial. Would love to see what academy awards are given for the actors of fuesd. I just hope this time when someone commits perjury, there is a financial and legal penalty assessed.
Comment Profile Imageobserver
Comment #13 | Monday, Apr 7, 2014 at 6:18 pm
I hope that the Village News is there EVERY DAY. You owe it to the village. This is our town, our kids, our schools, our MONEY.
I agree, where are the newscasts????
I am beginning to think that these district administrators manipulate the board members, and they believe everything they say....Isn't it that two of them were teachers???? not much support to the teachers when they agree to give the administrators such an increase in their salaries. All employees at the schools barely see a raise, it is almost like a frozen salary...so sad

Article Comments are contributed by our readers, and do not necessarily reflect the views of The Fallbrook Village News staff. The name listed as the author for comments cannot be verified; Comment authors are not guaranteed to be who they claim they are.

 

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