Brethren in Christ Community Services v. San BernardinoCounty Workforce Investment Bd.
Filed 2/9/07 Brethren in Christ Community Services v. San Bernardino County Workforce Investment Bd. CA4/2
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IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
FOURTH APPELLATE DISTRICT
DIVISION TWO
BRETHREN IN CHRIST COMMUNITY SERVICES OF ONTARIO, INC., Plaintiff and Appellant, v. SAN BERNARDINO COUNTY WORKFORCE INVESTMENT BOARD, Defendant and Respondent. | E039480 (Super.Ct.No. RCV072388) OPINION |
APPEAL from the Superior Court of San Bernardino County. Frederick A. Mandabach, Judge. Affirmed.
Law Offices of Steven C. Rivas and Steven C. Rivas for Plaintiff and Appellant.
Dennis E. Wagner, Interim County Counsel, and L. Thomas Krahelski, Deputy County Counsel, for Defendant and Respondent.
Brethren in Christ Community Services of Ontario, Inc. (Brethren) sued the Workforce Investment Board (the WIB) of San Bernardino County (the County) under the Ralph M. Brown Act (the Brown Act) (Gov. Code, § 54950.5 et seq.)[1] to nullify the WIB's decision to recommend termination of Brethren's contract with the County. The trial court denied relief. We affirm the judgment.
I
FACTUAL AND PROCEDURAL BACKGROUND
A. The Contract
In 1998, the United States Congress passed the Workforce Investment Act (the WIA) (29 U.S.C. §§ 2801-2945) to provide funding for state and local workforce investment activities designed to improve the quality of the workforce. (29 U.S.C. § 2811.) The County established the 40-member WIB to oversee youth activity programs funded under the WIA.
Brethren was a nonprofit provider of youth services. In 2001 and 2002, Brethren had a contract with the County to provide youth services pursuant to the WIA. The County was very comfortable with Brethren's performance of that contract and thought Brethren was doing a very good job. At some point, however, Brethren lost many of its staff who had been responsible for performing the first contract.
On June 4, 2002, Brethren and the County entered into a second WIA contract (the contract). The contract called for Brethren to provide educational, occupational, and employment training for 25 youth participants, ages 14 to 21, under the WIA.
As written, the contract was to terminate on June 30, 2004. By letter dated January 24, 2003, however, the County informed Brethren that a grievance had been filed and that due to the severity of the allegations all of Brethren's WIA youth services had to be suspended immediately. The record does not indicate what those allegations were.[2]
B. Termination of the Contract
Paragraph VII.C.1 of the contract (paragraph VII.C.1) provided that in the event of a material breach by Brethren, â€
