JUDGE ENDS FOUNDATION CASE; BEARD-WILLIAMS' LAWYER DISPUTES REPORT CONCLUSIONS.Byline: Karen Maeshiro Daily News Staff Writer A ban against executive director Diana Beard-Williams from transacting business for the Palmdale Education Foundation was lifted Thursday after a judge dismissed the case. Attorneys for foundation President Kathleen Duren, who obtained a temporary restraining order temporary restraining order: see injunction. against Beard-Williams, withdrew their request for a preliminary injunction A temporary order made by a court at the request of one party that prevents the other party from pursuing a particular course of conduct until the conclusion of a trial on the merits. A preliminary injunction is regarded as extraordinary relief. , saying they had accomplished their two objectives of obtaining records from Beard-Williams and having an audit completed. ``We've accomplished what we set out to do,'' attorney James Kostas said in court. The audit ``discloses a pattern of illegal behavior. It's up to the (foundation) board to make a final determination.'' The dismissal came as a surprise to Beard-Williams' attorney, Dawn Reichman, who had subpoenaed 13 people, including four Palmdale School District The Palmdale School District is a school district that serves a major part of the city of Palmdale, California (USA). The Palmdale School District was first formed in 1888. Approximately 28,000 students are enrolled in the Palmdale School District. trustees and several foundation board members, in her fight against the preliminary injunction. Lancaster Superior Court Judge Pro Tem [Latin, For the time being.] An abbreviation used for pro tempore, Latin for "temporary or provisional." A person who acts as a temporary substitute serves pro tem. Ross Amspoker indicated that he wasn't going to grant the injunction. He said the matter is ``back in the hands of the board of the foundation, where it belongs.'' He said the board can ``take steps to correct what it may or may not find wrong.'' Over the objections of Kostas, Beard-Williams made a statement to the court, which contained a standing-room-only crowd. Saying she was addressing the members of the foundation, Kostas and Kostas' colleague, attorney R. Rex Parris, Beard-Williams, said: ``You have taken my family through hell.'' Amspoker then said, ``Mrs. Beard-Williams, the case is over. Whatever steps you want to take is up to you.'' The foundation board has scheduled a special meeting for Monday to discuss the report prepared by an accounting firm. ``Now that we have an audit, the board will make a decision as to (Beard-Williams') status,'' Duren said after the court hearing, referring to the accounting firm's report listing shortcomings A shortcoming is a character flaw. Shortcomings may also be:
In a report released Wednesday, an accounting firm hired to conduct an audit of the foundation said it could not do so because of the lack of financial documents. The firm Burkey, Cox, Evans & Manning, which was hired by the Palmdale School District, said the foundation lacked an adopted budget, did not account for unsold event tickets, did not always count cash collections in the presence of two people and lacked a comprehensive record of the grants it had made. The report said the foundation took in $181,000 since January 1996, spent more than $90,000 on fund raisers A Fund Raiser' is an organized event, attempting to collect money. The money to be collected is usually for a specific item or need. The event also can entail gimmicks or activities to promote donor interest. and an additional $56,000 on operating expenses Operating expenses The amount paid for asset maintenance or the cost of doing business, excluding depreciation. Earnings are distributed after operating expenses are deducted. and gave out more than $49,000 in grants and support to the school district, outspending its revenue by more than $15,000. The report also included a chart outlining ``estimated revenue potential'' of foundation activities at $76,593 for 1998, but actual deposits during that time of more than $65,000. Outside court, Reichman took issue with Kostas' comments about ``illegal behavior'' and the audit report, which she said was false and misleading. ``We feel the dismissal and the comments by James Kostas accusing my client of criminal activity has been a hoax Hoax Balloon Hoax, The news story in 1844, reporting the transatlantic crossing of a balloon with eight passengers. [Am. Lit.: The Balloon Hoax in Poe] Piltdown man missing link turned out to be orangutan. [Br. Hist. ,'' Reichman said. ``If we were able to present the testimony of the 13 people . . . Mrs. Beard-Williams would have been vindicated. Actually, we were denied her day in court.'' Reichman said the accounting firm based its foundation attendance estimate on on the number of dinners ordered, and not on actual tickets sold, and didn't take into account complimentary tickets complimentary ticket n → billet m de faveur complimentary ticket n → biglietto d'omaggio , thus resulting in inflated revenue estimates. Reichman also noted that the report counted $16,445 in grants and school district support as part of expenses for the last half of 1998, when those funds are not due to be dispersed dis·perse v. dis·persed, dis·pers·ing, dis·pers·es v.tr. 1. a. To drive off or scatter in different directions: The police dispersed the crowd. b. until the end of fiscal year 1999. That would wipe out wipe tr.v. wiped, wip·ing, wipes 1. a. To subject to light rubbing or friction, as with a cloth or paper, in order to clean or dry. b. the $15,000 net decrease in the report, Reichman said. ``We feel that an audit, not this crazy accounting that is misleading, would vindicate (Beard-Williams),'' Reichman said. Duren obtained the order against Beard-Williams on Jan. 12 after stating in court papers that foundation money was missing. Beard-Williams also serves as the school district's public relations public relations, activities and policies used to create public interest in a person, idea, product, institution, or business establishment. By its nature, public relations is devoted to serving particular interests by presenting them to the public in the most director but has been placed on leave. |
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