But open records attorney argues SBHS leader’s stance over
Polizzi probe violates Supreme Court ruling.
San Benito High School Superintendent Stan Rose has declined to comment on whether embattled Food Service Attendant Nancy Polizzi is still being paid by the school district, but an open records attorney said the district is violating a recent California Supreme Court ruling by holding back the information.
Rose has said Polizzi was placed on “leave” after school officials started investigating her March 27 court testimony, in which she admitted to playing a role in the 2004 murder of San Jose resident David Owens as well as funding a “marijuana operation” run by convicted murderers Joshua Joseph and Francisco Vega.
This investigation is still under way, Rose said Friday, but he declined to specify whether Polizzi is on paid or unpaid leave. Polizzi did not return phone calls Monday seeking the same information.
The Free Lance followed up Friday by submitting a California Public Records Act request to the district to obtain information regarding Polizzi’s pay and whether she is still an employee at San Benito High School.
In declining to comment on Polizzi’s compensation, Rose said, “Personnel matters are protected.”
California Newspapers Publishers Association attorney Tom Newton, however, cited a recent Supreme Court ruling, which states that the “actual salary” of all publicly funded workers is a matter of public record.
That ruling in recent months has led to open records advocates up and down the state – including newspapers – obtaining information on pay of specific government employees.
Polizzi stated in her sworn testimony that she had been involved in a sexual relationship with both Owens and Joseph, who is her stepson. She said she felt slighted when Owens broke off their relationship and also that she accompanied Joseph and Vega to Fresno when they purchased the gun used to kill Owens. Polizzi has denied knowing at the time the two were buying a gun, but she admitted to providing the money they used to obtain the weapon.
She also said in her testimony that Joseph had told her “David is dead” but that she did not inform authorities. She also has admitted to providing $1,000 to Joseph to start a marijuana selling operation after Owens was killed.
Santa Clara County Deputy District Attorney Daniel Carr Friday said he was still “up in the air” over whether to seek criminal charges against Polizzi following her testimony. He said he is beginning a new murder trial and would have time to consider the possibility after the trial ends in two to three weeks.
