Two More Legal Challenges on Capo's Monday Agenda

A lawsuit and a precursor to a lawsuit are on the agenda for Monday's Board of Trustees meeting at .

At the board’s last meeting, the trustees approved a . Now come two new claims.

In the first, staffers recommend the school district pay the Orange County Social Services Agency $175,552.61 to reimburse it for costs associated with treating 26 students at residential-care facilities. In the second, a former custodian is suing for wrongful termination and claims the district is trying to get rid of Filipino employees. There is no dollar figure attached to that suit.

District spokesman Marcus Walton said the district has a policy of not commenting on litigation.

Details on both claims:

Health Services

A year ago, then-Gov. Arnold Schwarzenegger signed a three-months-late budget that did not include money school districts could use to  Federal law requires these students’ home school districts cover the cost of their education, even if they’re housed in residential-treatment centers out of state.

The Orange County Social Services Agency filed a government tort claim, a precursor to a lawsuit, in June, asking to be partially reimbursed for the costs incurred between July 1 and Oct. 7, 2010. The amount came to $175,552.61, which represents 40 percent of the $438,881.53 dispersed among a dozen treatment centers scattered across the country, including Arizona and Florida.

Discussion of resolving the dispute will take place in open session. The wrongful termination lawsuit, however, is part of the trustees’ closed-session agenda.

Wrongful Termination?

In the suit, Domingo Gopez of Winnetka claims the school district did not let him return to light duties as a custodian after a job-related injury. After reinjuring the same shoulder, Gopez was told in July 2008 he could only return to work if he was “100 percent healed,” the lawsuit states.

Prior to the reinjury, since December 2007, Gopez worked under restrictions that prohibited repetitive lifting of items 25 pounds or more, lifting items weighing 50 pounds only occasionally and no overhead work, the lawsuit says.

When Gopez got the green light to return to work with no restrictions in December 2008, Capo Unified would not take him back, the lawsuit claims. On or about July 1, 2009, he was officially released from his position.

Gopez also claims in his lawsuit that he was discriminated against because he is Filipino.

“I have been told that management at Capistrano Unified School District wanted to get rid of the Filipino employees, so that their positions could be replaced by non-Filipino employees,” Gomez wrote in an attachment to the lawsuit.

Gopez did not name an amount he is seeking in the lawsuit.

The trustees meet at 7 p.m. Monday at district headquarters, 33122 Valle Road, San Juan Capistrano.