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DA finds school board member within law

Original post made on Jun 13, 2008

School board trustee Pat Kernan appears to be off the hook, for now, after recently being accused of maintaining a primary residency outside of Pleasanton's city limits. After some research, the Alameda County District Attorney's Office announced that they have found him to be within the law.

Read the full story here Web Link posted Friday, June 13, 2008, 12:00 AM

Comments (9)

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Posted by frank
a resident of Pleasanton Heights
on Jun 13, 2008 at 10:01 pm

This is a perfect "cop out" opinion.

, Stark said they "concluded that there wasn't any evidence of criminal misconduct" to justify a criminal investigation.

CAREFULLY NOTE THAT THIS IS NOT TO SAY THAT HIS POSITION AS A TRUSTEE IS LEGAL!!! ONLY THAT THERE IS NO EVIDENCE OF CRIMINAL MISCONDUCT WHICH REQUIRES INTENT.

"There are people out there doing their best to live in the letter of the law to represent what they were elected to do.

CAREFULLY NOTE THAT THIS IS NOT TO SAY THAT HE IS WITHIN THE LAW! ONLY THAT IS TRYING TO BE WITHIN THE LAW.

HEY, WE ALREADY GAVE YOU THAT SLACK. BUT YOU'RE NOT!

Folks, that's why they're lawyers. Has the wool been pulled over your eyes? Just because there is apparently only one gadfly officially complaining are they going to throw any gasoline on the fire by saying anything other than "it's cool, he's OK"?

Like I said in earlier posts. Let this guy be a swing vote on anything controversial like a parcel tax, then that's the time to slam them......a court will look hard at the facts. Or how about another Neal School fiasco?


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Posted by Julie Testa
a resident of Foothill High School
on Jun 13, 2008 at 10:33 pm


The DA's decision to not to pursue a criminal investigation against Pat Kernan is in no way conclusive regarding a residency violation.

Criminal misconduct would only apply if it could be proven that Pat Kernan committed perjury when he signed his statement to run for office. If his residency status changed after that point it is a non-criminal violation out of the jurisdiction of the DA's office. The remedy being the Quo Warranto process through the Attorney General's office.

The question of a residency violation is not yet answered but you can look at the facts and determined whether you think the spirit of the law has been violated.


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Posted by Julie
a resident of Foothill High School
on Jun 14, 2008 at 11:29 am


I am disappointed to see the very misleading and biased headline on the cover of the Weekly. "Kernan Cleared," is not accurate.

The DA made a decision to not pursue a criminal investigation, they did not clear him. In fact they advised me that the appropriate remedy is to take it to the Attorney General's office.

I understood the DA to say that Kernan took the steps to stay within the technicality of the law. He therefore believed he was legally eligible to run for office. That means no intent, no criminal misconduct.

Stark said they "concluded that there wasn't any evidence of criminal misconduct" to justify a criminal investigation.




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Posted by so tired of this
a resident of Another Pleasanton neighborhood
on Jun 14, 2008 at 12:39 pm

There are many issues with the school board, the least of which may be Kernan. Many encouraged Kernan to stay because of the lack of experience on the board. There is a lack of people willing to run for this position which is why many of the current school board started their career as appointees, rather than elected. One appointee was elevated to the position on the recommendation and vote of an outgoing trustee accepting a judgeship. One might raise concern over someone leaving office participating in voting in his replacement. No one challenged it but I do think it is illegal. In every case the school board has refused to call for a special election because of cost. No one wants to run because people who do these kinds of jobs are constantly being second guessed. Everyone thinks they know better but school issues are complexed.

Maybe this will bring out a group of people who will run for school board because they care about what happens to the education in this district NOT on negative campaigning. Please run because you want what's good for all of us and run on the issues NOT on the back of someone else by negative attacks


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Posted by Kate
a resident of Amador Valley High School
on Jun 14, 2008 at 2:53 pm


An individual that genuinely lived in Pleasanton would not need to be as the DA said, 'expending effort' "to be doing everything he could do to be living in the law."

Kernan's residency is more than a little questionable. There is no shame in asking questions and asking for accountability.

So tired, you sound a bit negative. Perhaps you should take a nap.




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Posted by Questionable Prosecution
a resident of Pleasanton Meadows
on Jun 17, 2008 at 5:24 pm

One has to ask if you'd rather have the DA pursuing real crime, as in theft, drug sales, and murders in Alameda County or going after Kernan for having two residences.

While I agree Pat should be removed from the board, I'd rather have the DA going after serious crime.


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Posted by Stacey
a resident of Amberwood/Wood Meadows
on Jun 17, 2008 at 9:47 pm

That's the point Frank was trying to make. This isn't such a big deal until Kernan has a swing vote on something like a parcel tax.


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Posted by Questionable Prosecution
a resident of Pleasanton Meadows
on Jun 18, 2008 at 6:02 am

Stacey,

Agreed, and Frank's point was not missed by me. Some need to be hit over the head with a point before seeing it.

One can only hope this situation stays on the minds of voters when a new board is elected. AND that people VOTE.


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Posted by JT
a resident of Foothill High School
on Jun 22, 2008 at 11:46 pm


Hmmm...I don't think Frank was saying it is no big deal. But I think he was saying if they don't resolve the issue it will become an even bigger problem at some point.
Frank?

I think everyone agrees if Kernan would resign no one's time would be wasted on this.
There is an opportunity to put this seat on the November ballot and avoid yet another appointment if he resigns now.



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