After a long debate the board decides not to sanction trustee

At the final board meeting of the semester, members were torn about whether or not they should sanction Trustee Phillip Yarbrough after he violated the Brown Act in May.

Following an intense back-and-forth Monday evening — during which Rancho Santiago Community College District trustees talked over one another and threatened to report each other for misconduct — the motion to sanction Yarbrough failed, with only President Sal Tinajero and Trustee David Crockett voting in favor.

“Trustee Yarbrough decided to have a closed session meeting that was not agendized,” said Tinajero, who did not run for reelection and will be replaced on Dec. 5. “I tried to talk to him because, at the end of the day, I am responsible to make sure that all committees are following the rules…I’m leaving after this, so what you decide to do is up to you.”

Early in the meeting, before the chancellor’s report, Tinajero motioned to move item 8.3, which would sanction Yarbrough by immediately removing him from all committees for one year and prohibiting him from holding a board officer position for one year. Trustee Zeke Hernandez immediately motioned to table the item which Tinajero rejected.

When Tinajero explained why they needed to discuss the item sooner, Yarbrough tried to interject and say Tinajero was out of order. Tinajero suggested that Yarbrough “go to the FPPC and file a report.” The Fair Political Practices Commission (FPPC) is a nonpartisan commission that fosters public trust in politics and ensures unbiased and transparent governmental decision-making.

During a fiscal/audit review committee meeting in May, Chair Yarbrough called a closed meeting with two other trustees that was not on the agenda. According to the Brown Act, a closed meeting must be announced to the public at least 72 hours in advance. Although Chancellor Marvin Martinez was at the meeting, it wasn’t until the trustees returned from the closed session that he said they should not have had that meeting.

Although, as chair, Yarbrough called the closed-session meeting, Hernandez said the responsibility to stop the trustees from having the closed session fell on the other trustees as well as the chancellor.

“As I understand it, the committee went into executive session, and the staff was there. In fact, our chancellor was there. I don’t know why anyone did not stop or say to the committee they should not go into a closed session,” said Hernandez.

Trustee Tina Arias Miller said she also disagreed with the sanctions placed on Yarbrough. Arias Miller was on the ad hoc committee formed to investigate Yarbrough’s Brown Act violation and said the committee didn’t meet officially and that the conversation “just felt disjointed.”

“Was this even the right decision because it felt rushed, and I don’t know if maybe it was rushed because, like you just said, you’re trying to put things to bed,” Arias Miller said, addressing Tinajero, “But in fairness to the protocol, the system and the board, I feel like it needs to be hashed out.”

Hernandez and Arias Miller weren’t the only trustees who opposed the recommended sanctions.

Trustee John Hanna believed the sanctions were unfair because the new board members would lead the next meeting. All current trustees will return in December except board President Tinajero, who will be replaced by Cecilia Iglesias.

“A current board cannot bind a successor board, and what that means is that whatever we do today, our power ends… when the new board meets in December,” said Trustee Hanna. Once the new board meets in December, they can decide whether or not to place sanctions on Yarbrough; however, the board believes removing Yarbrough as a board officer is excessive.

“When we went with the ad hoc, the recommendation was unanimous to remove Mr. Yarbrough of all leadership positions right now,” said Tinajero. “There was also a 2-1 decision to remove him for a full year. The reason I bring this up is because the rules matter everybody.”

Trustee Zeke Hernandez said he does not think the board has enough information to approve the recommended sanctions placed on Yarbrough.

Hernandez suggested that an external investigation occur to find out what the ad hoc committee discussed so they can make the correct decision.

“There is no report [from the ad hoc committee]. The board does not have any information as to when they met, what they discussed, if there was an investigation, etc,” said Hernandez.

Tinajero was adamant that something should be done as Robert’s Rules of Order were not being followed. Robert’s Rules of Order is a parliamentary procedure manual used by organizations of all kinds.

“I am responsible to make sure that all committees are following the rules. In my 22 years of service, I have never seen a standing committee run by the Brown Act and Robert’s Rules of Order to then violate that,” said Tinajero.