Judge: Cotati-Rohnert Park school trustees violated labor laws with unannounced classroom visit

A judge found the Cotati-Rohnert Park Unified School District violated state labor laws when two board trustees popped into a union leader’s classroom for a surprise visit two years ago, after she had earlier chastised the district and board over the removal of a school fence.

The teachers union initially filed the unfair practice complaint with the Public Employment Relations Board in late 2015 on behalf of Technology Middle School teacher Maha Gregoretti, who argued that the unannounced visit from board trustees Tracy Farrell and Marc Orloff was meant to intimidate and retaliate against her - allegations the district has denied.

As the teachers union president at that time, Gregoretti repeatedly had criticized the district for a year earlier removing a fence from around Rancho Cotate High School, calling it a student safety concern and ultimately filing a formal complaint.

A day before the trustees’ visit on April 23, 2015, she got into a heated back-and-forth with Farrell via email over the fence and Orloff’s decision to read during a board meeting a letter from a student supporting the fence removal. Gregoretti, who has long been a vocal critic of the district, admonished the trustee for involving a student to “settle scores or make political points.” Farrell fired back with “what score do you feel this letter was intending to settle?”

Gregoretti said the board members broke school protocol when the next day they stopped by without notice.

“They barged into my room, stood in the back of the room and took notes, like they were officially inspecting me,” Gregoretti, who eventually stepped down from her union post due to health reasons, said Monday. “I was really nervous. The kids were nervous, too.”

In his decision, administrative law judge Donn Ginoza argued the manner in which the board trustees visited the classroom created “a reasonable basis for fear.” He considered the fact the visit was a surprise, and “no pleasantries were exchanged” when the trustees walked in and stood in the back taking notes.

While trustees don’t evaluate teachers, he said in his decision they can have negative repercussions if they complain about the teacher.

According to the document, Farrell and Orloff complained to the school principal one of Gregoretti’s students during class was drawing a gun with bullets being fired.

Ginoza ordered the district to cease and desist. To remedy the situation, he also ordered the 6,300-student district to post throughout its offices and school campuses notices acknowledging it acted unlawfully.

Over the past four years, 19 unfair practice complaints have been filed against Cotati-Rohnert Park Unified, a number considered high for a school district its size, according to Felix de la Torre, general counsel for the Public Employment Relations Board, a quasi-judicial administrative agency responsible for enforcing collective bargaining labor laws for public schools, colleges and university employees.

Santa Rosa City Schools only had one complaint filed against it in that time frame, while four were filed against Petaluma City Schools.

The Cotati-Rohnert Park school district and union have 20 days to appeal the judge’s decision or it becomes final. However, Superintendent Robert Haley doesn’t plan to appeal it.

“The district will not appeal the decision as there is no reason to do so. The only order issued was for us to post a notice, which we will do,” he said in an email.

Haley said the decision was “expected” and noted “there was no actual adverse action taken.”

“We have a very active and supportive board of trustees,” he wrote in the email. “Individually and together, they enjoy visiting schools and classrooms and will continue to do so. Many of the visits will be planned in advance, but some will not.”

Orloff said in an email he’s visited more than 125 classrooms in the past six years.

“I report out on the amazing things about our teachers and students at our monthly board meetings,” his email read. “I will continue to support our amazing teachers in a way they feel supported and appreciated.”

Farrell also wasn’t going to be dissuaded from visiting classrooms.

“It’s always nice to see what is happening in the classrooms and campuses in our school district and the innovative ways our great teachers are reaching our students,” Farrell wrote in an email. “I look forward to continuing on these class visits and seeing the amazing things happening in our school district.”

Farrell added she “didn’t really see anything negative in it for the school district.”

Still, Gregoretti called the ruling a win for the teachers union and serves as a validation.

“This is an opportunity for real change in our district,” she said. “We don’t have to take this anymore. As a person being targeted, you’re almost like Chicken Little. Is it just me seeing that?”

You can reach Staff Writer Eloísa Ruano González at 707-521-5458 or eloisa.gonzalez@pressdemocrat.com. On Twitter @eloisanews.