Lawyers delivered their arguments in court yesterday over whether a nearly $1.6 million resignation settlement received by former MiraCosta College President Victoria Muñoz Richart in 2007 should be nullified.
Vista Superior Court Judge Thomas Nugent listened to both sides for about an hour and will issue a ruling later. In broad terms, he could dismiss the lawsuit brought by a Carlsbad resident against the college and Richart, invalidate the settlement or send the case to trial.
Richart left the Oceanside-based community college in June 2007, after two years of campus turmoil that reached its height during an investigation of the illegal sale of palm trees from MiraCosta's Horticulture Department.
Faculty and staff members criticized Richart's handling of the investigation, and the full-time faculty union issued a vote of no confidence in her. Some employees and community members called for her termination.
Richart resigned after receiving a separation settlement that included $650,000 for damages; $43,500 for attorney fees; her salary plus expenses for 18 months; health benefits for her and her husband until they reach age 65; and a Medicare supplement to age 75 for both.
The settlement that trustees approved included a retirement benefit that attorneys for both sides later agreed to change to an annuity worth $315,000.
Carlsbad resident and attorney Leon Page sued the college and Richart, claiming that the settlement was an illegal gift of public funds, exceeding the 18 months' salary and health insurance she was entitled to under her contract and state law.
The suit also claimed that the college board of trustees, which met in closed session to negotiate the settlement, violated the state's open-meeting law.
Yesterday, Page and his attorney, Ron Cozad, reiterated that position and asked the court to invalidate the settlement. They said that if Richart thought she was entitled to more than 18 months of compensation she should have sought it through litigation.
But Jack Sleeth, a lawyer representing MiraCosta, said the separation contract was made in good faith and the college had reason to agree to it.
He said there was a risk that Richart could have filed a tort claim against MiraCosta and pursued a jury trial that would have cost the college more money.
Although Richart had never filed a formal action against the college, an attorney representing her did send a letter to MiraCosta while she was still employed there, laying out a list of potential claims including harassment, hostile work environment and retaliation.
Yesterday Page and Cozad questioned the legitimacy of Richart's claims.
Attorney Randy Winet, representing Richart, said that officials who agreed to settle didn't act in an arbitrary or capricious manner and that actions leading to the separation contract clearly document what happened.
He said that at one point, three trustees were disclosing private letters while other trustees were telling them to stop because it was a violation of Richart's rights.
“With that background, the trustees negotiated a settlement,” Winet said.
