Union-Tribune file photo
A Superior Court judge has ruled that there was nothing illegal about the $1.6-million settlement bestowed upon former MiraCosta College President Victoria Muñoz Richart.
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NORTH COUNTY – A Superior Court judge has ruled that there was nothing illegal about the $1.6 million settlement bestowed upon former MiraCosta College President Victoria Muñoz Richart.
Carlsbad resident Leon Page sued the college over the settlement last year. Yesterday, he said he will appeal the ruling.
The 10-page decision by Judge Thomas P. Nugent was filed in the Vista court Tuesday. The ruling states that Page failed to prove bad faith was involved in the Richart settlement, which the board of trustees for the Oceanside community college crafted during an all-night session in June 2007.
Nugent said the money given Richart was not an illegal gift of public funds, as Page alleges. He also disagreed with Page's assertion that a section of state law restricting educators' buyouts to 18 months' pay applies to Richart.
It wasn't a buyout, Richart's attorney at the time of the settlement, Robert Ottilie, said yesterday. Richart received the money for claims she had against the college, he said.
“It certainly is a vindication for the board's action,” Ottilie said.
Jack Sleeth Jr., the college's attorney, echoed those sentiments, “We're pleased that the court has seen the issues the way we did and vindicated our position,” he said.
“I'm ecstatic,” said board president Carolyn Batiste.
Richart was college president for three years. The last year was filled with controversy after the college launched an investigation into the illegal sale of palm trees from MiraCosta's Horticulture Department.
Faculty and staff members criticized Richart's handling of the probe, and the full-time faculty union issued a vote of no confidence in her. A letter from 31 former board members, administrators and faculty called for her termination.
Richart resigned after receiving a separation settlement with $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 included a retirement benefit that attorneys for both sides later agreed to change to an annuity worth $315,000.
Lola Sherman: (760) 476-8241; lola.sherman@uniontrib.com
