PVHS Principal Herrera's executive documents released after court order | Local news

Rigali on Monday denied Herrera's request for a preliminary injunction preventing publication of the memo and related documents, which she filed on July 8 after the Santa Maria Times and other news organizations requested them under the California Public Records Act.

The Times requested the documents after more than 100 students, staff and alumni filled the high school district's boardroom in mid-June and gathered outside in support of Herrera following allegations of unprofessional conduct that could have led to demotion, dismissal or suspension, according to a PVHS administrator who asked not to be identified.

The next day, district press secretary Kenny Klein told the Times that no reportable events occurred during the confidential portion of the meeting and confirmed that Herrera would not be recommended for dismissal and that he would remain principal of PVHS through the 2024-25 school year.

Klein pointed out that the 45-day period “constitutes a stern written warning to a state-certified employee, requiring him to change his behavior or face serious consequences.”

On Tuesday, Herrera's attorney, Kristi D. Rothschild of the Santa Barbara-based law firm of Rothschild & Alwill, APC., said Herrera's “entire goal in filing the motion for a preliminary injunction was to protect the right to privacy because personnel files are generally private files and everyone's employment records are private.”

“So it's a fundamental privacy issue,” Rothschild said. “It wasn't about keeping something confidential that isn't normally confidential. It's about always balancing the public interest against the private interest. So it wasn't about hiding anything. It was about protecting people's interest in the privacy of their personnel files.”

Rothschild said Herrera, who served as PVHS principal for 13 years, was “pleased” with the judge's decision because it was “aimed at ensuring student success and continued parent and student engagement and positive outcomes at the school.”

While the California Public Records Act (CPRA) generally supports public access to information, personnel records are often exempt for privacy reasons. Courts use a two-part test to determine whether such records should be disclosed, balancing the potential harm to privacy against the public interest. In this case, the court ruled that the records could be disclosed with certain deletions.

According to the 45-day notice Herrera received from the district on June 7, Herrera sent an email on April 12 instructing district staff not to admit certain groups of students, including English learners (EL) and students with Individualized Education Programs (IEP), for a fifth year of high school.

Their reasoning was not to negatively impact the graduation rate of the class of 2024, the statement said. The measure violated district policy and could have denied students their right to a free and appropriate public education, to which they are legally entitled until they graduate or until age 22.

Herrera had already received a reprimand for unprofessional conduct on November 17, 2023, the statement said. The reprimand included inappropriate communication about her administrative team and her supervisor and demonstrated “poor judgment on your part.”

The letter warned Herrera that failure to improve her behavior could result in further disciplinary action, including demotion or termination.

The district addressed the situation in which inappropriate instructions were given and confirmed that action was taken quickly and no students were affected, the statement said. The district stressed that any pre-determination based on disability or language ability is unacceptable.

Herrera's conduct violated several district policies, including Board Policy 4319.21, which requires employees to maintain high ethical standards, conduct themselves professionally, and exercise good judgment. Her actions also violated Board Policy 5137, which requires employees to serve as positive role models and maintain a supportive learning environment.

The letter was signed by district manager Antonio Garcia.

The court-ordered deletions included details of Herrera's performance evaluation and the names of district employees.