A former candidate who ran to represent trustee area No. 5 for the Newhall School District’s governing board in the 2024 general election, is now alleging that employees were allowed to participate in political campaigning during work hours on campus and it was the cause of her defeat, according to the lawsuit.
The case is being brought by Young & Chic LLP, a Valencia-based attorney representing Mayra Cuellar, a former student and office manager for Newhall Elementary School who was running for the seat against longtime board member Suzan T. Solomon.
District Superintendent Leticia Hernandez wrote in an email to The Signal on Tuesday afternoon that she could not discuss pending litigation. Solomon said on Friday in a brief phone call that she also could not comment on pending litigation.
According to the complaint, Cuellar alleges that, on various occasions within the months of September and October 2024, certain employees “began wearing political pins supporting a candidate for the Newhall School District board on campus during instructional time.”
Cuellar also stated in the complaint that a Wiley Canyon Elementary School teacher and Newhall Teachers Association representative “wore her union hat while she distributed political flyers, yard signs, and pins” supporting the opposing candidate. Such flyers and pins were placed near or in the teacher mailboxes with “a sign inviting staff to take one,” the complaint stated.
Solomon was the governing board president at the time, seeking reelection. Solomon has been on the Newhall district’s governing board since 1999.
On Oct. 10, 2024, the district’s assistant superintendent of human resources was informed about the political pins being worn by employees during instructional time and when she brought it to Hernandez’s attention, Hernandez responded “that such conduct was allowed,” the complaint stated.
According to the California School Boards Association, “Guidelines for Political Activity: Ballot Measures and Candidates,” school district employees may not engage in political activities during working hours. While engaged in instructional activity, a school district may preclude employees from wearing political buttons but cannot selectively allow some buttons to be worn while prohibiting others.
On Oct. 15, 2024, Cuellar emailed Hernandez about the educator’s actions and Hernandez wrote back that same day stating, “I have investigated and believe I have solved the concern.”
However, Cuellar learned that the political pins and materials were moved from the mailboxes to the Teachers’ Lounge, which is a violation of district board policy 4119, the complaint stated.
The following day, Cuellar emailed Hernandez back informing her about the relocation of the political material, according to the complaint, and Cuellar then requested to be allowed to pass out political items promoting her candidacy.
“Hernandez did not respond to the plaintiff’s email or honor her request, serving to reinforce the fact that NSD was favoring plaintiff’s opponent and not remaining neutral in the November 2024 election,” the complaint alleges.
“In violation of Newhall School District policy, Newhall School District allowed plaintiff’s opponent to use the NSD logo when current board members’ endorsements were posted on social media to mislead the public into believing that NSD was endorsing the opponent, thereby suggesting favoritism,” the complaint stated.
These events were contributing factors to Cuellar’s defeat and since then she’s incurred over $5,600 in legal fees and endured severe anxiety and emotional distress, the complaint alleges. Cuellar invested at least 223 hours of her time campaigning, which was measured at a value of $68.62 per hour, and the complaint states the value of the loss of her time constitutes damages of $15,302.26.
The complaint also stated that the Newhall district violated state Government Code 8314 and state Education Code 7055.
Referring to violation of Government Code 8314, the lawsuit stated that the defendant used or permitted others to use public resources for campaign activities during school hours on school properties, and the use of political materials by district employees “was substantial enough to result in a gain to plaintiff’s opponent.”
Education Code 7055 establishes a duty for the Newhall district to “prohibit employees from wearing political buttons and distributing political materials of a specific candidate during instructional activities because it could be seen as an endorsement of a particular political view, creating a conflict with the school’s neutral stance,” the complaint stated.
Cuellar and her attorneys at Young & Chic LLP could not immediately be reached for additional comment as of the publication of this story.
