FUESD owes Allyn $1.19 million, jury says

A jury unanimously found on Feb. 26 that Fallbrook Union Elementary School District (FUESD) had wrongfully terminated Elaine Allyn, the district’s former director of information technology and employee of 18 years. The jury awarded a judgment to Allyn in the amount of $1,194,000 – $1,046,000 in lost income and $148,000 in general damages.

Allyn sued the district after being fired in May of 2012, claiming what led to her losing her job was her refusal to delete email archives in an effort by her supervisors (superintendent Candace Singh and associate superintendent, business services Ray Proctor) to cover up a violation of public policy by misusing public funds.

After the verdict was issued, Allyn provided this statement to the Village News. “I can’t express the emotion I am feeling. This is not only for me, but for all the people at the Fallbrook Union Elementary School District, former and present employees, that are going through the awful treatment that this administration is giving them. I really hope that it opens the eyes of the school board to re-evaluate the current administration and their management philosophy.”

“We are just very happy that justice has been done,” said Allyn’s attorney, Michael Curran of Curran & Curran Law. “Jurors found that Fallbrook Union Elementary School District retaliated against her for raising objections to Ms. Singh’s and Mr. Proctor’s directives to delete the archive (computer) servers (email retention). When she refused and wanted a legal opinion before proceeding, she was threatened with insubordination by Singh. So, she deleted the archive and then they retaliated against her.”

The statement provided to the Village News post-verdict by attorney Gil Abed of FUESD’s defense firm Stutz, Artiano, Shinoff & Holtz, APC, was attributed to FUESD superintendent Candace Singh. Abed was assisted by Dan Shinoff during the trial.

“This lawsuit was filed with 12 claims against the district, 11 of which the district either prevailed or were dismissed. The district intends to seek all remedies available including costs and attorneys’ fees with respect to all of the 11 claims.”

“The Fallbrook Union Elementary School District is disappointed with the outcome of the trial with respect to the one claim that the jury was asked to decide.”

“While the jury’s decision is not the outcome expected, the district respects the jury’s time and commitment to the judicial process. At the same time, the district will continue to pursue the legal remedies that reach beyond today’s decision.”

The 15-day trial, which began with jury selection on Jan. 26, was presided over by Judge Jacqueline Stern in Vista Superior Court Dept. 27. It succeeded a previous attempt which ended up being declared a mistrial in October of 2013.

Curran built Allyn’s case around the reportedly unlawful conduct and actions of Singh, Proctor, Dennis Bixler (assistant superintendent, human resources), and private investigator Bob Price, who is frequently retained by FUESD’s legal counsel.

“This case was about an abuse of power, a breach of public trust, and a cover-up that included retaliation,” said Curran. “When they asked her to delete the district email archives to protect their own financial misconduct, she refused.”

In closing arguments at the trial, Curran focused on reading aloud what he called “numerous inconsistencies” in answers given by FUESD defendants to the jury. Curran said they were “lying to protect their bosses.”

Curran said, “Ms. Allyn was 100 percent truthful and consistent throughout all the proceedings. She has consistently told the truth. Her story never changed.”

“In my opinion, Mr. Bixler gave us the most revealing testimony,” said Curran. “He gave five different explanations about the order that Elaine <Allyn> was given to delete district archives.”

While the decision to terminate Allyn was ultimately made by the FUESD board of trustees, Curran said district superintendent Singh “is not transparent to the board” and that the trustees “were never given Ms. Allyn’s response to the claims, although she provided it to Singh, Proctor, and Bixler.”

Based on the minutes of the FUESD May 7, 2012 board of trustees meeting, the decision to terminate Allyn was made by the unanimous vote of board members Patrick Rusnell, Patty deJong, Maurice Bernier, Anne Renshaw, and Lisa Masten.

“Basically, nothing FUESD did passed the ‘smell test,’” said Curran.

FUESD’s defense contended that Allyn had “hacked into emails” and was “an offender of policy.” They also said she could have obtained one more grants for the district.

Abed argued that FUESD was merely trying to hold Allyn “accountable” and that “sometimes you get attacked for that.” He also said one previous employee stated that Allyn “could not get along.”

Curran had asked the jury for $971,181.74 for Allyn in lost past, current, and future wages in addition to a recommended $100,000 in general damages. The jury award exceeded that.

“The jury based their verdict on Ms. Allyns primary claim, retaliatory termination and awarded her damages in excess of our request,” said Curran. “Ms. Allyn was the prevailing party, the other causes of action were either refined for trial or dismissed on technical, procedural grounds,” said Curran.

He also stated that Allyn has now secured a new job, but the salary is approximately $40,0000 less per year than she was previously earning.

After hearing the jury’s verdict, Allyn’s attorney said, “The Currans were very, very proud to represent her. She is an honest and decent person and this verdict is 100 percent vindication for the district’s retaliations and wrongful accusations that have plagued Ms. Allyn for the past several years. The Currans sincerely thank the jurors for their dedicated service and that they confirmed our faith in the collective wisdom of a jury of our peers.”

Curran also said his firm “will ask the court to reimburse Allyn’s attorneys fees, under the labor code, which are estimated to be approximately $400,000.”

In conclusion, Curran said, “We think based upon the evidence in this trial and this verdict that the district board should strongly consider a change in its leadership.”

A handful of spectators followed the trial proceedings, with several employees of Fallbrook Union Elementary School District attending the last two days.

It is unknown at this time how much money the school district has spent to date defending its actions in this case. The Village News has submitted a request for that information.