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May 06, 2024

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Teachers try to block discipline records- get caught and embarrassed


Defrauding the Trustees-the start

The suppression of adverse employment files- It would have ended before it began.

The Trustees have been defrauded from the start- Documents filed in the San Mateo Superior Court.


The public records are a problem. They really ruin the lies that are told to investigators, friends, and spouses.

The Truth cannot be defamation-
high school journalism student


"If my identity... and the memo are disclosed...I will suffer great humiliation and embarrassment. "
-San Mateo County Superior Court


Its an employment disciplinary action outlining the adverse actions taken against a student... what did you expect?


A recent sworn statement reference is made to her action as DOE#1 in the San Mateo Superior Court (2015) regarding SMUHSD employment disciplinary actions withheld from the Trustees.


The sworn statement declared, that "someone again leaked information of my personnel file and a public record request for the a document that is not in my file" was made.

-That document, an adverse employment letter detailed what may have been a crime had been suppressed from the trustees and withheld from the police.


The REAL FACTS are that the SMUHSD identified and was ready to disclose (in under a legal mandate) DOE #1 Employment File.


The item, identified by the SMUHSD's law firm was the following:

The April 25, 2013 Adverse Action Letter of Reprimand by BHS Principal Chris Holleran. ​

The disciplinary letter had been withheld from the Burlingame Police and the SMUHSD Trustees during initial investigations.


The details of Principal Holleran's letter would have brought "sunshine" to these matters as wel as immediate justice.

DOE#1 filed a Reverse CPRA, a tactic to block the public from the legal review of disciplinary records of teachers.


Reverse CPRAs are being challenged in courts across the state as teacher abuse of students-are coming to the surface.



In this case, the district office suppressed the adverse action letter to avoid liability for its own negligent hiring practices of DOE#1. ​ The accumulated record of action demonstrated willful negligence.... and now a multi-year cover up)

See current reporter being blocked by Reverse CPRA- of teacher records
https://www.vallejosun.com/author/holly/


Evidence shows the Doe#1 was not only well aware that the Employment Disciplinary Letter titled -The April 25, 2013 Adverse Action Letter of Reprimand by BHS Principal Chris Holleran was in her file, she also knew it had been suppressed from the Trustees (May 2013) by Deputy Superintendent Black.


If the Trustees were provided the letter, the SMUHSD would still have the $1 million in bogus investigation and legal fees!


How was the Principal Holleran Letter discovered?

A "blanket" California Public Record Act had been filed with the SMUHSD for "ANY disciplinary actions taken against teachers at Burlingame High School in a specific time period.

Melissa Murphy disciplinary letter got FLAGGED BY THE LAWYERS as meeting the standards of the legal request. ​ According to the law, the public had a right to know what she had done to students.

It was the SMUHSD's law firm Lozano Smith who identified the Disciplinary Letter against the BHS English Teacher, outlining and detailing her actions of March 2013... and not one else.

As DOE#1, a REVERSE CPRA was filed to block ​ the public disclosure as the body of lies to her peers, family, police, and the BHS community would have been disclosed.

Reference:
DOE 1 AND DOE 2 VS SAN MATEO UNION HIGH SCHOOL- SM Superior Court Online


The actual signature line on the Court Document - Reverse CPRA is the following:

Signed on December 24, 2013
Melissa Murphy
(Doe#1)


The actual name is signed above the signature line of Doe#1
The is a public record as it was filed by Melissa Murphy and her attorney.
(These are public records as they were placed there by the individual themselves)


"If my identity in this legal action is revealed to the public and the memo in question is disclosed to the public, I will suffer great humiliation and embarrassment.

Not only would release of the memo disclose private, embarrassing information about me, but I also am concerned that disclosure of memos of this nature will fuel gossip, be posted on social media, and lead to dissension among co-workers."-Doe#1



The Disciplinary Letter issued to Melissa Murphy (Doe#1) on April 25, 2013 by BHS Principal Holleran may be the reason for the following statement of blame.


“… at BHS in 2004, there was a strong administration that was striving to make it a better place on all fronts. But there was a change in power in 2008 that proved to be less than stellar. It didn’t matter though, because Burlingame has such strong teachers, the school could run itself. What didn’t run; however, was school spirit, school culture, and discipline.

Students were able to cut class and do what they wanted with few consequences.

If you stopped by principal Mr. Holleran’s office and politely said, “Can I interrupt you for a minute?” He would respond, “Well, you already did.” His type of “Don’t bother me” leadership caused even more problems for our staff as we tried to keep students and ourselves moving forward.”


Principal Holleran did not destroy Burlingame High School, nor should he be blamed for your actions



"The destruction of the history and traditions of Burlingame High School by the (internal) Carpetbaggers who literally hate the town, its parents, (and their public standing) and the values of the community. (But love the money the parents give to put in their pocket).

Is YOUR student SAFE?- Criminal Acts- Defrauding the Trustees

Bruce Dickinson came around to the fact that the lies at BHS and the SMUHSD run deep. ​ He just did not know(1) how right he was and ​ (2) how deep these lies go.


The SMUHSD Trustees are in possession of evidence of extensive retaliation and criminal actions in these ongoing matters. ​

The evidence includes reports made to the Trustees, the San Mateo and Burlingame Police, the San Mateo DA, and the San Mateo County Counsel (this is a limited list).

Superintendent Booker and the Trustees have been the recipients of statements for fraud written by the district office administrators regarding these events. ​

It is reported that there is an implied threat of retaliation to ​ an administrator who may "break the code of silence" and may see their administrative career end. ( A total of 1/3rd of the entire SMUHSD site administrator stepped down Skelly)

When making fraudulent statements (and there are many!) the Trustees and Superintendent Booker have been provided extensive evidence to refute their public comments and even photographs of evidence ​ they claim does not exist. ​ ​

These documents illustrate the extensive violations of civil law and criminal actions taken by SMUHSD employees, yet the Trustees remain silent.

The reports to police have case#’s and the SMUHSD superintendents have either (1) refused to participate with the police or (2) are the source of the fraudulent report to the police (PC 148.5 False Report)

In one criminal action, where the evidence was exceptionally clear and the coordination of the superintendents ​ with the crime was foolishly blatant, Superintendent Skelly stated, " I will not investigate unless mandated by legal counsel." ​ This was the superintendent's statement to his required cooperation with the police.

Turning up the heat of retaliation- Threat Letters and False Allegations of crimes-

Imagine as a BHS parent, you are made aware that your child's BHS teacher has not only been spending her time cyberstalking the students, but is also the author of Threat Letters ​ sent to the home of parents. (postmarked at the Burlingame Post Office)


Next imagine that this same BHS teacher, even more angry and disturbed, crafts another letter, this time posing as "as a teen" and makes written allegations of a sexual felony, sending this to another SMUHSD school site to have an adult investigated for a sexual felony, ​ arrested, and ​publicly investigated. (This is factual- who would think to make this up?)


These letters of retaliation, when matched with evidence held by the Trustees shows that the actions were “coordinated with the superintendents and Trustee's actions regarding the BHS teacher. (100% real) ​

These letters of retaliation were intended to cause significant damage and criminal prosecution. ​ The collateral damage to the actual student, ​ the "teen" in the sexual assault letter (A real student's "character" (image, classes, siblings, etc) was used in crafting the letter to make it "look real" and credible. ​ The letter was even sent addressed to the ONLY administrator still on the campus as the event was set a few years prior. ​ The BHS author went to great lengths to obtain this realistic information to craft the letter. ​


Why care about what might happen to the child being "used" as the character?
It is reported that part of the cover up of this event was "bogus" calls to the families with children who "fit the description" in the letter, even though the SMUHSD District Office Administration KNEW exactly which teacher wrote the letter and why.


Superintendent Skelly, Deputy Superintendent Black, and the SMUHSD Trustees are well aware of these actions (and many other) but rather than take proper police action with full cooperation of the district, they have instead be hoodwinked to engage in covering up these criminal acts. (Defraud the Trustees)


Threat Letter and Sexual Assault Letter-
-Same postmark at the Burlingame Post Office
-same format and ​ handwriting on the envelope
-Handwriting match to signed legal documents available online


So now imagine if it were YOUR child who was the selected student portrayed in fraudulent sexual felony letter? ​ If publicly named (as happens in these events) in the ensuing gossip-mill, ​ your innocent child would be destroyed and singled out by her peers as "the one" who engaged in a sexually related incident with an adult.


Now imagine that today, your child is sitting in that BHS teacher’s classroom.
You should know that there are other BHS teachers (present and former) who are not only well aware of these events, but have taken actions help cover them up so that THEY will not get caught.


The SMUHSD Trustees have done NOTHING to investigate or take action on these issues… because they have been “persuaded” otherwise.

By ignoring and feigning ignorance of these issues for years, ​ the district is liable and the Trustees are ​ individually culpable.


The Burlingame Police are well aware of the identity of this teacher, but the last action fell "outside" of the statute of limitations. ​ The superintendents were well aware that if they made a report to the police, and cooperated with an investigation as required by law, not only would the teacher be convicted, but they would be fired for their failure to perform their required duty.




"An employee may not directly or indirectly use or attempt to use the official authority or influence of the employee for the purpose of intimidating, threatening, coercing, commanding, or attempting to intimidate, threaten, coerce, or command any person for the purpose of interfering with the right of that person to disclose to an official agent matters within the scope of this article.


"A person who intentionally engages in acts of reprisal, retaliation, threats, coercion, or similar acts against a public-school employee for having made a protected disclosure is subject to…

“a fine of ten thousand dollars ($10,000) and imprisonment in the county jail for a period not to exceed one year.”

-These are just two of many events where the individuals are the defrauding the Trustees

Trustee Land- If the SMUHSD Board cannot properly handle these documented incidents, then how can the local parents be ​ assured of the safety and security of the students at BHS or BIS? ​

That is a question that needs to be answered by both a Trustee and a Principal.

Read All About it- BV has the real time story!

-the events above take place in conjunction with the Aug 2021 BV posts


BV-August 2021
https://www.burlingamevoice.com/2021/08/smushd-suspensions-to-proceed-appeals-likely.html#comments


BV-October 2022
https://www.burlingamevoice.com/2022/10/smushd-suspensions-avoided-litigation-continues.html

Don't Call the Police! (please?)- Superintendents and Perjury


The links here on the BV will lead an reader, journalist, investigator, police officer, judge or Attorney General to the evidence, facts, and truth that the perpetrators did not want anyone to see.

Every statement has a document or statement to support its authenticity.

Let’s start here:

• California Penal Code 148.5-Filing false police report.
• California Penal Code 523 PC- Extortion by sending a letter that threatens.

Why did the SMUHSD Superintendent suppress and refuse to participate with police investigations of these two crimes?

These two actions have police case numbers, but when requested to act, the SMUHSD Superintendents remained silent.

-They were under investigation by the state and the disclosure of their involvement in these events would seal their fate.-

On November 26, 2021, when presented with the evidence of a Threat Letter (postmarked November 23, 2021, from the Burlingame Pose Office) which included bona-fide evidence of its author (the BHS teacher)

The first response of Superintendent Skelly was to make several comments to the effect of "Please...Don't call the police!"

Superintendent Skelly then abruptly stated, "I've been speaking with Ms. Murphy... she would not do this!"

(Why the statement? Skelly wasn't asked if Ms. Murphy sent the letter, but this was his immediate response)

When directly asked to open an SMUHSD investigation and cooperate with a police investigation, SMUHSD Superintendent Skelly next replied.

"I will not investigate unless mandated by legal counsel."

-Which legal counsel, your personal lawyer or the lawyer representing the people and SMUHSD?

Why No Action by the Superintendent?

Evidence disclosed later shows the SMUHSD district office had been in collusion with the author. (Same author- September 5, 2021) This was a coordinated retaliation tactic as evidence was scheduled to be presented in Sacramento was “career ending” to those engaged in these actions.


In fact, the letter was postmarked on November 23, 2021. A letter from Melissa Murphy's attorney -filled with fraudulent evidence that was ONLY held by Superintendent Skelly and Deputy Superintendent Black and included a letter ONLY sent to the Trustees was postmarked the next morning of November 24, 2021.

(The SMUHSD refuses to comment on its providing confidential information to be used for a fraudulent purpose)


A few days later, Superintendent Skelly's email to the Trustees took a direct statement from the letter of Ms. Murphy's lawyer, who Skelly claimed he did not know.

The SMUHSD Trustees sat back and did nothing. -- Why?

They were defrauded by the Superintendents. (it’s in the documents.). In fact, it would be disclosed that one specific Trustee had been providing (FORWARDING) private and confidential information to the Superintendents themselves! (The Good Ole Boys!).

When evidence of Trustee collaboration was disclosed, then led to further disclosure of the participation of a particular Trustee in these fraudulent actions and violations of the law!


The defrauding of the public by the SMUHSD, its Trustees, and Superintendents.
In August and September 2022, “new” Superintendent Booker issued a public record response, known to be an act to defraud the public.

The district office fiduciaries who were legally bound to provide the superintendent with the facts, evidence, and truth in an ethical manner, instead defrauded their leader providing known false statements and documents.


On September 16, 2021, the SMUHSD leadership made an intentional false report (an Informal Report) to the San Mateo Police, a violation of PC 148.5 making a false police report.

The superintendents had failed to make a required Mandatory Report on September 5, 2021, and then “held” the document for almost two weeks. After two weeks, an Informal Report (police “opened can closed the case in the same moment”) was made, leaving out all the “essential details that were known of the incident.” They thought the Informal Report ensure there would no investigation and the public would not have access to the evidence. (Murphy’s Law)


The superintendents believed that evidence “was buried” and they could openly lie to everyone. (Lawyer approved) This quickly proved Mr. Booker’s written statements to be false as his fiduciary’s believed Booker was too ignorant to figure out what had transpired.


The Public Record Act request for the evidence defined in Superintendent Booker’s fraudulent PRA response (above) “broke the ice” and the floodgates of fraud became apparent.

The lies of the fiduciaries to Booker started began a “connect the dots” of evidence that illustrated an ongoing patter of fraud, linking the Trustees to these incidents and others.

These local actions were THEN linked with evidence filed in Sacramento, and the depth of the lies and defrauding the Trustees and public expanded.

All documents provided to the California Attorney General’s Office and the California Commission on Teacher Credentials (CTC) was done so under the penalty of perjury.
Why the Trustees allowed and supported these actions of ethical violations is beyond belief.

The disclosure of the statements made under oath by SMUHSD leaders and a teacher, in addition to the documents submitted under the penalty of perjury are now in the “sunlight” and the dishonesty and perjury of these public employees is clear.

The Trustees have remained silent.


Trustee Land, as the representative of Burlingame and a public-school principal, it is your obligation to hold these individuals responsible via an the extensive investigation that is required.

Yes… the Trustees will be embarrassed by the disclosure of these actions, but that is all part of being an elected official who has been defrauded by public employees.

Superintendents, Deputy Superintendents, Principals, BHS Teachers, and SMUHSD Trustees who take action to produce, present, and defend false evidence to affect a specific and fraudulent outcome have engaged in perjury.

These individuals are aware of the documents submitted and statements recorded while under oath. The collaboration and collusion (using public time and funds) is documented and embarrassing.

Once a person has been informed that they are advancing lies as facts, they (Trustees) cannot go back and claim "I didn't know!"

The following all know the facts and the truth but continue to perpetuate the perjury.

• Trustee Land
• Trustee Griffin
• Trustee Andrade Zuniga

• Former Trustee Lees Dwyer
• Former Trustee Hanley
• Former Trustee Friedman

• Superintendent Kevin Skelly
• Deputy Superintendent Kirk Black

• Melissa Murphy and her "select group" of Burlingame High School Teachers (past and present)

Former Superintendent Kevin Skelly has removed his employment with the SMUHSD from his LinkedIn page, only declaring “Retirement” and Career Break

To those who lied, misled, deceived, and withheld facts, evidence, and the truth to abuse public power and public funds for self-fulfillment and personal advancement, the disclosures are clear and present. Some lawyers were lied to, other lawyers were participants and organizers.

The paper trail of lies continues to emerge and individuals are “turning” on one another as “they” realized they were used in the scheme.


During the CTC #1 and #2 investigation and appeal to the Attorney General, the SMUHSD Superintendent and Deputy Superintendent were represented by a Lozano Smith lawyer... paid for by the SMUHSD Trustees.

Therefore, it is the Trustees that have suborned perjury, yet have taken no action to remedy these actions against the public.

 Disclosure Time- Its a PUBLIC Board-the people want the truth-

Its time for a complete public disclosure of the actions and expenditures of the SMUHSD.

The SMUHSD Trustees have refused to process or respond to Public Record Act Requests.

The SMUHSD Trustees have "rented out" the power and authority of the Board to cover up the extreme negligence of its administration.


The SMUHSD Trustees have expended (approved and not approved) significant public funds to for legal investigations, limited scope investigations, and legal expenses for the known negligence and fraud of its employees.

The Board hired a "boutique" law firm Bertrand, Fox, Elliot, Osman & Wenzel to defend Skelly, Black, and the Mills Principal in a case that was internally known to be the product of willful negligence of the administration.


The SMUHSD Trustees have refused to report or comment on the collapse of the $125 million sale of Crestmoor to the DR Horton Company which fell apart on July 23,2021.

Despite the cancellation of the sale, the SMUHSD listed DR Horton as the Buyer on its August 5 and 12, public agendas in order to defraud the public.


On August 26, 2021, the agenda was then "changed" as the buyer was listed as SummerHill Homes.... for a sale price of$85 million.

Same 40-acre property... sold only weeks later at a $40 million discount. Not a word to the public.

Perjury and Fraud-BHS and SMUHSD-

Perjury and Fraud at BHS and the SMUHSD
An "Inside Job."

SMUHSD Superintendent Kevin Skelly
SMUHSD Deputy Superintendent Kirk Black
BHS Teacher Melissa Murphy

Perjury-
“involves purposely providing false information while under oath”
(full definition is below)

High School students would be expelled for less.-

The events below were retaliation for the reporting of the long and documented list of violations stimulating ​ the CTC investigations of the SMUHSD Leaders. ​ While these actions were concurrent to the CTC investigations, they have not yet been fully reported to the State Board for Investigation. ​ The SMUHSD Trustees and current superintendent have the primary legal responsibility to file these reports, but refuse to do so as it wil reveal the extreme negligence and liability of the district.

These events are well documented and will be sent to the proper investigative agencies. ​ The San Mateo Grand Jury should open an inquiry into the SMUHSD (The Skelly Years) regarding these ongoing acts of retaliation. ​ This would include financial investigations and disclosures of the significant and known waste of public tax dollars to spent on ​ spurious investigation and legal fees created as a means ​ to cover up extreme negligence and violations of local, state, and federal laws.


At this point in time, remaining Trustees Land and Griffin are also responsible ​ as they are fully informed of these actions and have chosen to enable and facilitate the cover up.


When a teacher is caught lying to her own lawyers so that the attorney will lodge known false evidence into the legal record, there are significant issues of ethics and honesty. When these actions are faciliated by the SMUHSD leadership, that is just plain crazy.... but its in writing and had the assistance of the Trustees.


When the lawyer representing the SMUHSD is shown to be the individual coordinating the fraud of the Trustees and the state investigation, ​ it is an even greater embarrassment.


Allegations are based on evidence in the possession of the SMUHSD.


The statements of perjury do not include the SMUHSD's actions and inactions involving the Threat Letter (November 23, 2021) and (fake) Sexual Assault Letter (September 5, 2021) sent as retaliatory threats. ​ These issues and documented in reports to the Burlingame and San Mateo Police, where Superintendent Kevin Skelly states,

"I've been in communication with Melissa Murphy and she would not do these things?" ​

"I will not investigate unless mandated to do so by legal counsel"

(There was no question regarding BHS Teacher Melissa Murphy's relationship to the letters, only Dr. Skelly's response)


These actions were reported to the Trustees, who then suppressed them and refused to investigate the perpetrators.- These actions placed students and families in harms way and had the potential to create significant collateral damage ​ to the teens whose identities were used in these fraudulent threats.


The SMUHSD Trustees are holding an abundance of evidence and audio recordings of its employees’ committing perjury during a state investigation. ​ This is in addition to the Trustees PERSONAL knowledge of these same employees lying to, misleading, deceiving, and withholding information and evidence from the Trustees during local investigations and Closed Session Board Meetings.


In addition, the evidence shows that the SMUHSD’s legal team, Lozano Smith facilitated and encouraged perjury as a defense of legal inquiry of the leaders of the district. ​ These facts are all in the possession of the Trustees, who continue to remain silent.

Trustee Land and Trustee Griffin, ​ as you are well informed, this is not an opinion but a fact.


The SMUHSD Board was hoodwinked by Skelly, Black, and Murphy to such an extent that the Trustees actually crafted the September 10, 2021 “Letter of Support for Ms. Melissa Murphy from Governing Board of the San Mateo Union High School District,” ​ when solicited to do so. ​ The ​ document, based on an abundance of false statements (countering evidence HELD by the SMUHSD) and intended to deceive and mislead the state investigators by the Trustees themselves!


In fact, the foundational argument to create the letter was baseless. ​ The Trustees were not solicited to construct the letter for Ms. Murphy, because the intent of the letter was to attack the complainant and defraud the CTC ​ on behalf of Dr. Skelly and Dr. Black who were in serious trouble and under their second investigation!


The Trustees letter attacked the motivations of the complainant, Mr. Nelson, and the integrity of the CTC and its investigators. ​ In August 2021, the Trustees also made public statements in the SM Daily Journal "outraged" at the CTC for investigating Skelly and Black, the "fine gentlemen" of the district. ​


The evidence held by the district, and eventually disclosed to the Trustees shows otherwise.


The SMUHSD Trustees were intentionally defrauded by the district office leaders and the BHS Teacher to craft and send the letter in order to defraud a state investigation. ​


The Trustees willingly violated the Brown Act to create the letter (under the cover of darkens), refusing to place the item on a public agenda and minutes in addition to strategically removing the people’s lawyer, the San Mateo County Counsel from the process.


In the letter, Trustee President Robert Griffin (a CPA) claims in his closing, “Here, it appears that Mr. Nelson is attempting to hijack the CTC process,” where Mr. Griffen and the Trustees have willingly engaged in fraud, slander, defamation, and perjury.


The September 10, 2021 “Letter of Support for Ms. Melissa Murphy from Governing Board of the San Mateo Union High School District,” ​ was created by the Trustees while Skelly and Black were suppressing another crime from a proper police investigation. ​


Current Superintendent Booker was even lied to and defrauded to place lies in writing in legal responses to actions of the district. ​ This is going to continue until the Trustees investigate and clean house.



The Trustees REFUSED to name the individuals (and the lawyer) who solicited this letter and to provide the information used in the letter’s construction.
Trustee Land and Trustee Griffin, it’s not a choice as an elected official to withhold evidence of a crime, its YOUR duty to not only report and disclose the crime, but to also investigate the HOW and WHY the SMUHSD Trustees were defrauded via an “Inside Job.”


California Penal Code Section 118 PC
Perjury under California Penal Code Section 118 PC involves purposely providing false information while under oath. This criminal offense applies to testimony in court, testimony during civil depositions, statements made in sworn affidavits and declarations, facts submitted in driver's license applications and information in official certificates.

To be convicted of Perjury
1. The defendant took an oath or otherwise made a statement under penalty of perjury
2. The defendant intentionally stated the information was true even though he or she knew it to be false
3. This information is considered "material" to the matter at hand
4. The defendant knew he or she was making the statement while under oath or under penalty of perjury AND
5. When the defendant made the false statement, he or she intended to testify or declare falsely while under oath.


We Don't use the Brown Act or PRA- SMUHSD Trustees


A Public Record Act request was filed with the SMUHSD on November 11, 2023


The link to the SMUHSD's Special Session on the Brown Act is below.


If this is an intentional Brown Act Violation that requires an investigation of the SM District Attorney?


There is evidence to show... this may in fact be the case.


Trustee President Griffin

"The Board of Trustees has unanimously authorized and directed me to transmit this letter to you and the Commission to set forth the District’s unqualified support for Ms. Murphy in this matter and to request that the Commission close this matter with no further action."


-Where are the records of these actions?

SMUHSD Trustees Action

September 10, 2021

Letter of Support for Ms. Melissa Murphy from Governing Board of the San Mateo Union High School District.


This letter meets the standard of a Brown Act Violation as what may be a Chain Meeting, where the Trustees "linked" themselves via email to construct what Trustee President Griffin states as a "Unanimous" decision.


There is no record of the vote or members present when the vote was taken.

The fundamental questions are requested as part of a Public Record Act Request-

1. Did Melissa Murphy and/or her attorney Sarah Sandford Smith request this letter?
2. Who requested the SMUHSD Board of Trustees to write this letter?
3. Who provided the evidence for the Board and wrote the "legal language" and letter for the Board?
4. Was the letter (actually) CC's to the San Mateo County Counsel John Nibbelin?
5. Did SM County Counsel John Nibbelin acknowledge the receipt of the letter.? (Question of the SM County District Attorney's Office)

6. Public Agenda- There is no record of the The September 10, 2021 Letter of Support for Ms. Melissa Murphy on ANY public agenda.

7. Public Minutes- There is no record of the The September 10, 2021 Letter of Support for Ms. Melissa Murphy on ANY public minutes and the letter is not attached for public review.

SM County Counsel John Nibbelin is the Trustees legal advisor. Mr. Nibbelin is CC'd on this letter... who who gave legal advice to the Trustees?

8. There is a request for the identity of the lawyer/law firm who produced this letter for the Trustees. What was the legal relationship of the attorney to the Trustees?

9. The information in the letter is false, misleading, and deceptive with an intent to defraud the Trustees. The person who solicited the Trustees was successful in this venture. Please produce the information used to create the letter.

10. Citations in the letter were known ONLY to Superintendent Kevin Skelly and Deputy Superintendent Kirk Black and were not relevant to Melissa Murphy.

https://www.youtube.com/live/guRzXdK2TKQ?t=40s

Supt. Skelly- BHS's Melissa Murphy responsible for the Mr. Nelson Transfer

The 2016 Involuntary Transfer of Mr. Nelson was a planned act and retaliation perpetrated by defrauding the Trustees.


-These actions were carried out by a “brood of vipers” who ​ have eventually turned upon one another.

Deputy Superintendent Black and BHS Principal Yim blamed BHS teacher Melissa Murphy for the incidents at BHS and Superintendent Skelly blamed Ms Murphy for Mr. Nelson's 2015 Involuntary Transfer from BHS.

Ms. Murphy then implicated at least two other BHS Teachers in the fraud who filed signed and sworn statements to the lies.

(with friends like these....)

“The wheels of justice turn slowly, but grind exceedingly fine”


The BHS lies that originate in the 2015 period have spiraled out of control as the SMUHSD Trustees have been lied to, misled, deceived, and had significant information withheld from the Board. ​


In addition, the Trustees themselves became so enraptured in these lies, that the Trustees themselves took action to cover up the lies and defrauded state investigators as well.


"Here, it appears that Mr. Nelson is attempting to hijack the CTC process to harass and retaliate against fellow teachers"
--Trustee President Griffin- defrauding the CTC investigators.


The is an incredibly embarrassing and humiliating situation for the SMUHSD Trustees, administrators, and the small conspiracy of BHS teachers.

In the August 2015 DFEH investigation of Dr. Black and Principal Yim, the SMUHSD and Lozano Smith Law Firm filed 120 pages of evidence exhibits. ​ The evidence was selected by Dr. Black and Principal Yim themselves.


Of the 120 pages of evidence selected, 70 pages of exhibits specifically identify Burlingame High School teacher Melissa Murphy as the cause of the incidents and problems at BHS. ​


Superintendent Skelly would later identify Melissa Murphy as the “source” of the lies causing the Mr. Nelson Involuntary Transfer in March 2016. ​


Dr. Skelly personally identified comments made to him by BHS's Melissa Murphy during the February 22, 2016 Resignation Ceremony of Di Yim as the foundation of his statements. ​

(legal statement-Superintendent Kevin Skelly- February 2019-SM County Counsel)


Superintendent Kevin Skelly, stated that Burlingame High School Teacher Melissa Murphy in addition to one other BHS teacher, arranged ​ “secret meetings” with the superintendent and “persuaded” him with known false information.

Superintendent Kevin Skelly stated there were no signed statements, no investigation of allegations, ​ and no disclosure of these "meetings" to the Trustees or Mr. Nelson. ​


Skelly had been in the district for six months, did not know anyone, but took the work of two teachers in "secret meetings" to end Mr. Nelson's 26 year career at BHS.


​Superintendent Skelly stated under oath, that he was "duped" by Dr. Black and Principal Yim regarding the facts of the investigations and Mr. Nelson's trasnfer.


Superintendent Kevin Skelly also personally identified Melissa Murphy as the person responsible for the fraudulent statments HE took to the SMUHSD School Board as facts.


It is documented in legal records that Dr. Black, Principal Yim, and Melissa Murphy were central figures in a prior January-April 2015 United States Department of Education, Office of Civil Rights (OCR) Investigation of discrimination and retaliation on the BHS campus, followed by a legal case. This case was settled in April 2015.


A few months later, in August 2015, Deputy Superintendent Kirk Black and Principal Di Yim were the investigated by the Department of Fair Employment and Housing (DFHE) for employment retaliation directly after the OCR investigation and settlement.


The DFEH complaint was ONLY a few sentences long, and ONLY specified Black and Yim in the complaint. Simple and complete.


--Deputy Superintendent Black and Principal Yim blame BHS's Melissa Murphy.--


In the SMUHSD’s 17-page legal response to the DFEH written by Lozano Smith Law Firm, included 120-pages of exhibits provided by Deputy Superintendent Kirk Black and Principal Di Yim. ​


Of interest is the 70 pages of exhibits where Yim and Black BLAME Melissa Murphy for the civil rights incidents at BHS as the cause of the OCR investigation and the DFEH complaint.


Even though BHS’s Melissa Murphy’s name was NOT included in the DFEH complaint, BHS Principal Yim and SMUHSD Deputy Superintendent of Human Resources Kirk Black PERSONALLY selected these documents in order to PLACE THE BLAME for the incidents at Burlingame High School on English Teacher Melissa Murphy.


According to the ADDITIONAL evidence filed with legal and investigative agencies, the SMUHSD law firm Lozano Smith, district office administrators, and the BHS administration all identified Burlingame High School English Teacher Melissa Murphy as the individual with primary responsibility for the incidents at BHS.


According to legal statements, public records, and statements given under oath, the SMUHSD Trustees have been defrauded and over $1-million of tax-payer dollars have been spent on these and related acts of fraud.


During the investigation of these incidents, individuals knowingly lied to their attorneys and under oath, (making statements “in-conflict” with evidence file in prior cases) meeting the standards of perjury. ​


There has been a disclosure of a substantial ​ amount evidence illustrating not only the "coordination of evidence" to defraud the Trustees, San Mateo County Counsel, and state investigators, but also a conspiracy to have ​ whistleblowers charged with criminal actions.


This would include Threat Letters, False criminal allegations, fraudulent criminal investigations all tied to the individuals named here.


Sadly, there is far more to these issues that has yet to reach the public square. ​ These individuals have stated concern of the “great humiliation and embarrassment “that will come from the disclosure of these facts to their peers, community, children, students, and spouses.


These people lied to cover up their own negligence and have continued lying to an extent that they can’t seem to remember the truth… or the lies they’ve told… on the legal record.


If it were not for the "lofty" positions of Superintendent Skelly and Deputy Superintendent Black who then leveraged the ignorance of the Trustees, the SM County Counsel, and the public, these incidents would have been closed in 2015.


During the investigations of these incidents, individuals knowingly lied to their attorneys and under oath, (making statements “in-conflict” with evidence file in prior cases) meeting the standards of perjury.


There is no where else to run.. the truth is upon you.


“ A lie runs until it is taken over by the Truth”


The brood of vipers has attacked one another, each blaming the others for the lies.

Withholding Evidence from Police- Skelly-Black- BHS Teacher


Police?- Who needs the police?

SMUHSD withholding evidence-Sept 2021

Where is the $40 million? August 2021

School leaders who participate and enable criminal acts and related violations of the law cannot remain in office or employment of the SMUHSD.



On September 5, 2021, a crime was reported by a school site principal to Superintendent Skelly and Deputy Superintendent Black. ​ The crime required an immediate Mandatory Report according to law.


The Superintendents suppressed the evidence from the police, intentionally holding it until September 16, 2021.


The evidence was then provided to the San Mateo Police as an Informal Report, as the case was "opened and closed" at the same time. ​


The crime was known to be committed by an SMUHSD Teacher and the information of the crime would be required to be sent to the Commission on Teacher Credentialing which was investigating Skelly, Black, and Murphy at the time.


If the San Mateo Police, the SMUHSD Trustees, and the San Mateo County Counsel were provided with the actual evidence, the police would have made an arrest at that time.

This is one of many documented actions where the district office leaders lied to, misled, deceived, and withheld evidence from the police, the Trustees, and the Commission on Teacher Credentialing Investigators. ​ ​ This is not serving the public, it is a use and abuse of public power for personal protection.


The SMUHSD Trustees are now well aware of the crime and the cover-up by the district office. ​ Its now time to hold the Trustees responsible for their negligence as they have validated and enabled this crime and a second one dated November 23, 2021.

The SMUHSD Trustees have had ample time to properly engage these matters, conduct an REAL Investigation, and hold responsible those who violated the law. ​ These incidents, and their date-stamps are in the possession of the Trustees AND other investigative agencies... who are waiting and wondering WHY the SMUHSD Trustees have done.... nothing.


The active decision by the Trustees and the district office to do nothing (cover up) is going to need to be explained to agencies who hold educators and school boards responsible.

-Superintendent Booker, who was not a participant in these actions, was lied to about the incidents and its evidence. ​ Booker then placed these lies in writing in a public document. ​

Superintendent Booker and the Trustees were then provided with the actual evidence (claimed to not exist) , disclosing the lie and fraud being advanced.

Response from the Superintendent and Trustees?-- Silence-

Remember, ​ most of the iceberg is below the water. ​ The damage that has been done in these past years is extensive, ugly, and exceptionally costly because the Trustees refuse to place public information in front of the public.

For example- ​ What happened to the $125 million sale of the Crestmoor property to DR Horton? ​ ​ How did SummerHill Homes get the same property for only $85 million just weeks after the DR Horton deal was cancelled.

Why is there no documentation or public information on this $40 million real estate debacle?


The $40 million mishap and the failure to report to the San Mateo Police "overlap" and these events should be of great concern to the public.


Sadly, there are many more and those who report crimes are silenced.

People should be arrested- Criminal Acts - listed

People need to be arrested and held accountable.


The SMUHSD Administration has proven that is will "dump" an excessive amount of money to a law firm to "fight" lawsuits because the Trustees are completely ignorant of the issues.

-the public should not have to sue the district for it to hold accountable its "leaders" for honest and ethical behavior.


There are elected and appointed officials who have the legal responsibility to take action to correct the corruption, malpractice, and willful negligence that has infected the SMUHSD.


The Trustees and police are informed of documented violations of the California Penal Code by members of the SMUHSD's District Office and at least one teacher.


These crimes and evidence to support them are in the hands of the SMUHSD Trustees... who refuse to take action because "they" are concerned about their own embarrassment and humiliation as they have actually enabled and facilitated these actions to take place. ​


This is in addition to a providing significant financial support of public tax dollars ​ for fraudulent investigations and legal defense ​ to cover up these incidents.


"Whatever can go wrong, will go wrong,"... and has gone wrong. ​ The cover has been blown off the evidence is flapping in the wind.

Those who have reviewed the evidence with "open eyes" are first disgusted and then dumbfounded that such extreme negligence would even be thought of much less carred out in a public school system.

The crime of Perjury- California Penal Code Section 118 PC is a felony offense that can carry prison sentences of up to four years and could include substantial court fines.

Perjury
"anyone who, having taken an oath they will testify before any competent tribunal, officer, or person, in which the oath may by law of the State of California be administered, willfully states as true any material matter they know to be false is guilty of perjury". The following elements of PC 118 apply in the SMUHSD.

-falsely identifying a suspect on purpose;
-knowingly failing to correctly identify a suspect;
-signing an affidavit - knowingly - in which there is false information;
-giving false information in a signed certificate or declaration;


The evidence and statements ​ of these fraud(s) (there is a trail) are sitting at the feet ​ independent and ethical investigators, empowered to enforce the law. It is expected that the elected Trustees will take action (because they are informed of these violations) rather than sit and wait for a higher body to take action.

The SMUHSD is holding evidence that requires them to open an investigation where a legal investigative body outside and independent of the district, the San Mateo County Counsel, and the Lozano Smith Law Firm reviews the evidence and actions that had defrauded the tax-payers of the SMUHSD.


California Penal Code 148.5-Filing a false police report

California Penal Code 523 PC- Extortion by sending a letter that threatens

California Education Code-Administrative Regulation 1312.3- Individuals who knowingly give false statements in an investigation shall be subject to discipline-


In addition, ​ California Code, Education Code - EDC § 44114 provides local law enforcement to charge "educators" with a criminal action for acts of "reprisal, retaliation, threats, coercion, " etc.

"A person who intentionally engages in acts of reprisal, retaliation, threats, coercion, or similar acts against a public school employee for having made a protected disclosure is subject to a fine not to exceed ten thousand dollars ($10,000) and imprisonment in the county jail for a period not to exceed one year."


This has been a "running joke" among the Trustees who should have taken action years ago, but instead trusted the "word" of the Superintendent and district office leaders. ​


People are going to be embarrassed and humiliated when their peers and community discover what they have done. ​ The door to correct these actions is closing quickly with handcuffs on the other side.

Employment Contracts- Fraudulent Actions- Trustees represent the Tax-Payers

SMUHSD Deputy Superintendent Black cannot be offered a new contract to continue at the SMUHSD.


SMUHSD Administrator Contracts must be presented and approved at a Board Meeting by their July 1, 2024 start date.

The Trustees need to know that they are on notice and that the long list of negligent actions will be coming forward. ​ The public will look to the Trustees and ask, "How did you let this happen?"

In August 2021, the evidence shows that Superintendent Kevin Skelly and Deputy Superintendent Kirk Black embarked on a campaign to defraud the SMUHSD Trustees, ignoring their legal and fiduciary duties as leaders of a public school district.

The district office intentional withheld critical information showing extreme malpractice by these leaders. ​

Current Trustees Land and Griffen were recipients of the fraudulent actions and then became willing participants to advance the fraud.

On August 12, 2021 Superintendent Skelly was granted a two-year $329, 000 contract extension, where it is reported that Land, Griffin, Lees-Dwyer, and Hanley, "strong armed" Trustee Andrade Zuniga into a vote of unanimous support ​ for Skelly.


Skelly "retired" six months later in disgrace. (Facts to follow over the coming months)

Once the contract was in place, the elements of the negligence and violations of the law began to come to light.

Trustee Land and Trustee Griffin, both veteran Board Members are FULLY aware of the problem, negligence, and violations of local, state, and federal law.

Land-Griffin-Perjury and Fraud- What are you going to do?

Perjury and Fraud

The SMUHSD Trustees cannot approve new contracts for district administrators until these legal issues are resolved and made public.


A vote to approve new employment contracts are a statement of involvement in the crime. If you have knowledge of the violation of the law and you vote to support the individual(s), then you are part of the crime itself.

The Trustees have an obligation to investigate and make public the facts of the incidents and violations of the law.


The ongoing support by the Trustees for these (there are more than one) act of fraud are the active participation and enabling of violations of the law itself by the Trustees- Land, Griffin, Andre-Zuniga are entangled. ​

A vote in support of Deputy Superintendent Black is a vote for the continued cover up of these issues. ​ ​ These documents were sent to the Attorney General as factual documents provided "under the penalty of perjury."

The September 10, 2021 Letter of Support for Melissa Murphy constructed and sent by the SMUHSD Board of Trustees--or alone by Trustee Griffin is a fraud.



The action is a Brown Act violation as there is no agenda or minutes of the item. ​ The document lists a "unanimous vote" meaning a public action was taken without the public's consent.

Despite multiple public record act requests, the Trustees refuse to produce the name of the solicitors or the facts provided to the Trustees to create the letter. ​ The letter was NOT written by an attorney representing the SMUHSD, because there are no facts in the letter. ​


The legal language was written to protect the legal interests of Superintendent Skelly, Deputy Superintendent Black, and Melissa Murphy.


Trustee President Griffin, a CPA whose signature in on the letter has committed perjury. ​ The Trustees have suborned perjury as they provided "unanimous" approval of the fraudulent letter.


The solution is very simple and under the law. ​ The Trustees need to produce the names of the solicitors, the information received, and the lawyer who wrote the letter itself.

The letter is on SMUHSD Letterhead, holds a "unanimous vote" from the Trustees and was sent from an SMUHSD representative.

This is the people's business and the people have a right to know if the SMUHSD district administration have a right to know.

In an ironic twist, the document was also used to defraud the lawyer of Ms. Murphy, now a Superior Court Judge in Alameda. ​ The judge submitted the fraud as a factual document, "under penalty of perjury."

A direct question and a truthful response from one of the following would quickly solve this issue. ​ The one who speaks first, most likely gets the deal!

Superintendent Kevin Skelly
Deputy Superintendent Kirk Black
Burlingame High School Teacher Melissa Murphy


Superintendent Booker and the current Trustees have been made aware of these issues, yet have not taken action. ​

Why post here--- because sunlight is the best disinfectant and people who are honest, ethical, and truthful should NEVER have to hide or fear retaliation.


This is a Whistleblower retaliation case. ​ These individuals lied to, misled, deceived, and withheld information from the public and "used" the San Mateo County Counsel in the commission on the crime.


The post is based on 100% factual evidence held by the SMUHSD.

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