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ZACARIAS MAY CONSULT ATTORNEY; SUPERINTENDENT COULD SEEK COUNSEL ON BELMONT ISSUES.


Byline: David R. Baker Staff Writer

Los Angeles schools The Los Angeles School of Urbanism is an academic movement emerged during the mid-1980s, loosely based at the University of Southern California and UCLA, that poses a challenge to the dominant Chicago School of Urbanism.  Superintendent Ruben Zacarias said Thursday that he might consult an attorney about last week's scathing report on the Belmont scandal.

Zacarias said he would consider suing the district or its auditor over references critical of him if a lawyer recommended it, but he downplayed the likelihood of his taking legal action. He objected to the way the report by the district's chief auditor, Don Mullinax, characterized his handling of problems at the half-built Belmont Learning Center This Belmont Learning Center contains information about a building currently under construction.
It may contain information of a speculative nature, and the content may change dramatically as construction progresses and new information becomes available.
 and the recommendation that his failure to oversee the project be included in evaluating his performance.

``He has an obligation and a right to call the shots as he sees fit,'' Zacarias said.

The superintendent said he had been advised to seek legal counsel on how to handle lawsuits the district might file over Belmont, suits that probably would require depositions from him.

Several school board members said Zacarias had assured them he did not plan to sue the district. They also denied that the report had created a rift between the board and superintendent.

``I would suspect he's seeking as much information as possible, which is what any prudent person would do,'' said board President Genethia Hayes.

While the report recommends disciplining - possibly firing - several senior staff members, its criticism of Zacarias is confined con·fine  
v. con·fined, con·fin·ing, con·fines

v.tr.
1. To keep within bounds; restrict: Please confine your remarks to the issues at hand. See Synonyms at limit.
 to saying he ``failed to supervise the Belmont project in a diligent dil·i·gent  
adj.
Marked by persevering, painstaking effort. See Synonyms at busy.



[Middle English, from Old French, from Latin d
, professional and effective manner.''

Holding Zacarias accountable for Belmont during his two years in office has angered some of the superintendent's supporters.

Bill Mabie, chief of staff for state Sen. Richard Polanco Richard G. Polanco, is a former California State Senate Majority leader and member of the California State Assembly. He is known for his significant efforts in increasing Latino representation in the California Legislature. , D-Los Angeles, said the report contains nothing to prove Zacarias failed in his duties. Instead, he said, the superintendent disbanded the office that started the Belmont project and helped create Mullinax's investigative position.

Polanco believes Zacarias would be justified filing a defamation defamation

In law, issuance of false statements about a person that injure his reputation or that deter others from associating with him. Libel and slander are the legal subcategories of defamation. Libel is defamation in print, pictures, or any other visual symbols.
 suit, Mabie said.

``He's got every right to do it,'' Mabie quoted Polanco as saying.

Legal experts said Zacarias would have a hard time suing over the report. Erwin Chemerinsky Erwin Chemerinsky (born 1953) is a well-known professor of Constitutional law and federal civil procedure, has recently accepted a position at the University of California, Irvine, in the new Donald Bren School of Law, beginning in 2009. , a First Amendment scholar and former head of one of Los Angeles' charter reform commissions, said Zacarias would have to prove not only that statements in the report were false but that Mullinax either knew they were false or acted with reckless disregard reckless disregard n. grossly negligent without concern for danger to others. Actually reckless disregard is redundant since reckless means there is a disregard for safety. (See: reckless)  for the truth.
COPYRIGHT 1999 Daily News
No portion of this article can be reproduced without the express written permission from the copyright holder.
Copyright 1999, Gale Group. All rights reserved. Gale Group is a Thomson Corporation Company.

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Publication:Daily News (Los Angeles, CA)
Date:Sep 24, 1999
Words:382
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