Back in 2017, Andrew Sandoval started raising concerns about issues at Oasis Public Charter School in Salinas. At the time, with four children enrolled there, he was a concerned parent; he went on to become a board member of Santa Rita Union School District, then in 2022, a member of Salinas City Council.
Along Sandoval’s journey, his curiosity about Oasis’ dysfunction grew well beyond the classroom to governance, and eventually expanded into a lawsuit over public records against Hartnell Community College District.
Augustine Nevarez was a board member at Oasis who also works as director of student affairs at Hartnell; he and Sandoval communicated about Oasis via email.
Sandoval’s concerns grew. In 2019, he filed a complaint with Hartnell alleging misconduct by Nevarez. In 2020, he received a letter from Hartnell stating, “The District has conducted an appropriate investigation, and any potential personnel issues have been addressed… the information you have brought forth is important and informative.”
But when Sandoval sought records from Hartnell related to his complaint, plus Nevarez’s emails related to Oasis business (using his Hartnell email account), the college demurred – even after finding 842 relevant emails.
In 2021, Sandoval sued in Monterey County Superior Court. He won; the college appealed. In a Feb. 28 decision, the Court of Appeal upheld Sandoval’s victory.
“Nevarez’s Oasis emails – the contents of which [Hartnell] concedes ‘pertain solely to Oasis business’ – relate to the public’s business,” the court found. Just because they relate to a different agency, they are still public records.
Hartnell board president Aurelio Salazar Jr. said in a statement: “[Hartnell] understands its responsibility to balance public transparency and personal privacy as outlined in state law… While the court’s opinion presents new challenges, we respect the process.”
A local judge is scheduled to rule on March 24 to set a deadline for Hartnell to disclose the records.