Playing dirty pool

Matthew Hoy
By Matthew Hoy on November 8, 2006

As of 3:17 a.m., it looks as though my father, Richard "Dick" Hoy will be one of the trustees of the Grossmont Union High School District Board. With the top 3 vote-getters winning seats, Hoy Sr. is currently 2nd behind Jim "Little Dictator" Kelly.

Congratulations to Hoy Sr. It looks like the campaign will be the easy part, considering the following letter from Ken Sobel, a good candidate who appears to be finishing just out of the money.

Terry Ryan, Superintendent
Grossmont Union High School District VIA E-MAIL
P.O. Box 1043
La Mesa, CA. 91944-1043

Dear Dr. Ryan:

A concerned Santee parent contacted me late yesterday and advised that the District had sent an automated telephone call from the Grossmont District advising, inter alia, that President Jim Kelly opposed re-locating Homestead to West Hills, or words to that effect. This occurred ONE DAY BEFORE the election.

The use of District resources to assist Mr. Kelly's political campaign is patently illegal. It is unconscionable that the Superintendent would allow him to do this.

If, indeed, there was some degree of urgency in getting this message out on the day before the election (as opposed to the day after), there was no need to mention Kelly's name, other than to help him in his re-election campaign. Of course, we all know that the Homestead issue has been percolating since the date of our Alpine debate (October 17), if not before.

Such conduct clearly falls well below the standard of care required of a public school superintendent, and will be the subject of investigation shortly.

Please be advised, as follows:

You must preserve, and do not destroy, any and all documents, emails, or other writings, including audio recordings, which refer or relate to the circumstances leading up to and through the decision to transmit the calls, as well as the content of the calls themselves, and those to whom the information was transmitted. Failure to do so may result in civil sanctions for intentional spoilation of evidence. Smith v. Superior Court (1984) 151 Cal.App.3d 491; Velascov. Commercial Building Maintenance Co. (1995) 169 Cal.App.3d 874; Cedars-Sinai Medical Center v. Sup. Ct. (May 1998).

It is my intention to contact all appropriate legal authorities regarding this flagrant violation of the education code and fair political practices law. Please give proper attention to these matters, and govern yourself accordingly.

With kind regards,
I remainVery [sic] truly yours

Ken Sobel

If this is true, it wouldn't be the first time that allegations of wrongdoing by Kelly and his minions has surfaced.

Some of you will remember my weekend post seeking some legal advice. Grossmont Union Board President Jim Kelly is the reason. Over the weekend, Kelly sent out a direct mail hit-piece aimed at Hoy Sr. and Sobel. The oversized postcard included a picture of Hoy Sr. The picture was taken off of the VoteHoy.com Web site and was taken by yours truly. The photograph is a copyrighted image owned by me. Kelly pilfered it without permission for his direct mail hit-piece. My knowledge of media law is above average and I can't think of a fair-use exemption that Kelly's appropriation of my image for his use would fall under.

I'm still looking for a (cheap, but good) lawyer.

Kelly may be looking for one too.

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