Diaz refutes Hoefler’s claims | TheUnion.com
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Diaz refutes Hoefler’s claims

Nevada County Clerk-Recorder Gregory Diaz is refuting claims he reneged on a deal made with county superintendent of schools candidate Eric Hoefler.

Hoefler was disqualified last week from being added to the June 8 ballot due to the fact he didn’t produce the correct credentials to run for the seat. In a Friday Union article titled “Hoefler seeks top schools spot as write-in,” Hoefler claimed he reached an agreement with Diaz to run as long as he secured an inter-administrator credential from Champman College in Yuba City. There never was any agreement, Diaz said, and Hoefler failed to provide the correct credentials to join the race.

Below is a Friday statement Diaz issued on the matter to The Union:



My conversations and emails with Mr. Hoefler began during the Candidate Filing period.




Mr. Hoefler came into the Elections Office on Feb. 17, 2010. At that time, he was issued the Candidate Filing documents for the office of Nevada County Superintendent of Schools. Mr. Hoefler was also informed that Election Code 13.5 required additional documents to be submitted along with the Declaration of Candidacy.

Election Code 13.5 states: 13.5. (a) (1) Notwithstanding subdivision (a) of Section 13, no person shall be considered a legally qualified candidate for any of

the offices set forth in subdivision (b) unless that person has filed

a declaration of candidacy, nomination papers, or statement of

write-in candidacy, accompanied by documentation, including, but not

necessarily limited to, certificates, declarations under penalty of

perjury, diplomas, or official correspondence, sufficient to

establish, in the determination of the official with whom the

declaration or statement is filed, that the person meets each

qualification established for service in that office by the provision

referenced in subdivision (b).

(2) The provision of “documentation,” for purposes of compliance

with the requirements of paragraph (1), may include the submission of

either an original, as defined in Section 255 of the Evidence Code,

or a duplicate, as defined in Section 260 of the Evidence Code.

(b) This section shall be applicable to the following offices and

qualifications therefor:

(1) For the office of county auditor, the qualifications set forth

in Sections 26945 and 26946 of the Government Code.

(2) For the office of county district attorney, the qualifications

set forth in Sections 24001 and 24002 of the Government Code.

(3) For the office of county sheriff, the qualifications set forth

in Section 24004.3 of the Government Code.

(4) For the office of county superintendent of schools, the

qualifications set forth in Sections 1205 to 1208, inclusive, of the

Education Code.

(5) For the office of judge of the superior court, the

qualifications set forth in Section 15 of Article VI of the

California Constitution.

(6) For the office of county treasurer, county tax collector, or

county treasurer-tax collector, the qualifications set forth in

Section 27000.7 of the Government Code, provided that the board of

supervisors has adopted the provisions of that section pursuant to

Section 27000.6 of the Government Cod

Sections 1205 to 1208 of the Education Code state:

1205. For the purposes of prescribing the qualifications required

of county superintendents of schools the counties are classified on

the basis of the average daily attendance in the public schools as

follows:

Class one (1) includes all counties with an average daily

attendance of seven hundred fifty thousand (750,000) and over.

Class two (2) includes all counties with an average daily

attendance of one hundred forty thousand (140,000) to seven hundred

forty-nine thousand nine hundred ninety-nine (749,999), inclusive.

Class three (3) includes all counties with an average daily

attendance of sixty thousand (60,000) to one hundred thirty-nine

thousand nine hundred ninety-nine (139,999), inclusive.

Class four (4) includes all counties with an average daily

attendance of thirty thousand (30,000) to fifty-nine thousand nine

hundred ninety-nine (59,999), inclusive.

Class five (5) includes all counties with an average daily

attendance of fifteen thousand (15,000) to twenty-nine thousand nine

hundred ninety-nine (29,999), inclusive.

Class six (6) includes all counties with an average daily

attendance of seven thousand (7,000) to fourteen thousand nine

hundred ninety-nine (14,999), inclusive.

Class seven (7) includes all counties with an average daily

attendance of one thousand (1,000) to six thousand nine hundred

ninety-nine (6,999), inclusive.

Class eight (8) includes all counties with an average daily

attendance of under one thousand (1,000).

1206. Except as provided in this section no person shall hereafter

be elected or appointed to office as county superintendent of schools

of any county who does not possess a valid credential issued by the

State Board of Education of the type designated in Sections 1205 to

1212, inclusive, for each class.

Where a county changes from one class to another because of an

increase in the average daily attendance in the public schools of

such county, the incumbent county superintendent of schools in that

county shall not be prohibited from continuing in office and shall be

eligible for reelection to the same office regardless of whether he

possesses a valid credential otherwise required in a county of that

class.

1207. The qualifications of the county superintendent of schools in

each county shall be as set forth in Sections 1205 to 1212,

inclusive, for that class into which the county falls. The class into

which each county falls shall be determined on October 1st of each

year based upon the average daily attendance in the public schools of

such county for the preceding school year as reported to the State

Department of Education. In no case will the salary of the county

superintendent be lowered during his term of office.

The salaries set forth in Section 1213 are payable to incumbent

county superintendents of schools; provided, however, that the salary

of an incumbent shall not be reduced during the term for which he

was elected or appointed or for any consecutive new term to which he

is elected or appointed.

1208. (a) All county superintendents of schools in counties within

classes (1) to (8), inclusive, shall possess a valid certification

document authorizing administrative services.

(b) For purposes of this section, the possession of a valid

elementary administrative credential and a valid secondary

administrative credential are equivalent to the possession of a valid

general administrative credential.

Mr. Hoefler then presented A letter from Brandman University welcoming him to the community. He also presented a Preliminary Single Subject Teaching Credential, a Certificate of Completion in recognition of completion of the Tri-County BTSA Induction Program, and an Emergency 30-Day Substitute Teaching Permit, valid January 15, 2002 to February 1, 2003.

I explained to Mr. Hoefler that the above mentioned documents did not comply with Code.

Mr. Hoefler contacted me, by phone, to explain the additional documents he had acquired and believed would satisfy Code. I asked him to please send me an email explaining his documents and the Code that would allow them to be used for qualification purposes. I informed him that if need be, I would consult with County Councel.

On March 3, 2010, I received an email from Mr. Hoefler stating his points of why he believed he was, at the time, qualified to file a Declaration of Candidacy. A few of the points he made: 1. “All decisions rest with the county office of election regarding candidacy.” 2. ” I am presently enrolled in a combination Master’s/Administrative credential program from an accredited University of which I will have in possession the necessary administrative credential by the time of the election and definitely by the time the position is to take effect on Jan 1st.” 3. “I am in process to obtain both a DIC credential as well as in Intern Administrative credential and will have them prior to the election.” 4. “Ed code 44330-44355 implies that any county can also have the authority to issue any certification to allow someone to act in the capacity required as long as their credential has not been suspended or revoked, to which mine is neither.” 5. “I have a letter from an authorized education facility (University) from the head administrator who has a EdD in administration who states that an interim credential can be issued immediately upon request to fill any administrative position in education.”

I asked County Councel for guidance on Mr. Hoefler’s email. County Councel’s opinion was that Mr. Hoefler’s points failed to establish a basis upon which his name may be added to ballot at that time. Mr. Hoefler does not hold the requisite credential for this office, and to say that he will have it by the time the superintendent elect takes office is inherent.

There is no authority allowing interim credentials, although Ed. Code Section 44332 allows for a “temporary certificate” for the purpose of authorizing salary payments to “certified employees whose credentials are being processed…” Mr. Hoefler does not appear to fall under this statute.

There is no authority for Mr. Hoefler’s assertion that he is in the process of obtaining a DIC credential and an Intern Administrative credential, which would allow him to act in the capacity of a superintendent of schools. While an intern permit is available, it only allows the intern to provide instruction under the supervision of a certified teacher.

On March 9, 2010, Mr. Hoefler sent another email, this time with a letter from Bob Eckardt, Principal of Lindhurst High School certifying that Eric Hoefler has been authorized and put into the rotation of Designated Teacher-In-Charge during times when the regular administration is off site at Lindhurst High School. Another Letter was attached from James Lutz Ed. D. Senior Academic Advisor for Brandman University stating “Mr. Hoefler is currently enrolled in our combination program for a Masters Degree and Administrative Credential. If is he hired or elected to any administrative position that requires an administrative Credential he can immediately acquire an administrative Intern Credential which would grant him the right to fill that Administrative position.” Election Code Section 60 was also attached to the email:

60. The Superintendent of Public Instruction, Deputy and Assistant

Superintendents of Public Instruction, secretary of the

Superintendent of Public Instruction, members of the Board of

Governors of the California Community Colleges, the Chancellor of the

California Community Colleges, county superintendents of schools,

school trustees, members of boards of education, secretaries and

assistant secretaries of boards of education, city superintendents of

schools, district superintendents of schools, assistant

superintendents of schools, deputy superintendents of schools,

principals of schools, and every other officer charged with the

performance of duties under the provisions of this code may

administer and certify oaths relating to officers or official matters

concerning public schools.

On March 10, 2010, Mr. Diaz responded to Mr. Hoefler’s March 9, 2010 email. It was explained to Mr. Hoefler, again, that Election Code Section 13.5 (b)(4) provides that “no person shall be considered a legally qualified candidate” for the office of superintendent of schools “unless” that person meets the minimum qualifications for that office. The use of the word “shall” is mandatory as opposed to permissive(see ed. Code. Section 354), as used in this statute, and limits the eligibility to run for the office to those individuals having the necessary certificate at the time of their candidacy (i.e. “legally qualified candidate[s]. Minimum qualifications for this office are set forth in Sections 1205-1208 of the Education code. Section 1206 is the relevant section which provides that “no person shall hereafter be elected or appointed to office as county superintendent of schools of any county who does not possess a valid credential issued by the State Board of Education of the type designated in sections 1205-1212…”

To date, Mr. Diaz explained, he has not seen a valid credential from Mr. Hoefler which meets the criteria outlined in Sections 1205-1208 of the Education Code.


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