Official goes to prison, keeps pension
Manuel Paul
Former superintendent pleaded to a misdemeanor, pension forfeiture is for felons
By Ashly McGlone
As former San Ysidro schools Superintendent Manuel Paul prepares to begin a two-month prison sentence later this month, his annual $173,526 pension will remain intact despite new state laws limiting retirement benefits for those that break the law on the job.
Paul, 63, was sentenced to federal prison on Tuesday after pleading guilty last year to a federal misdemeanor charge stemming from his solicitation of campaign cash from a contractor in exchange for district work consideration.
Paul retired from the district June 30, 2013, according to his severance agreement. He began collecting his monthly $14,460 pension the next day after 39 years of public school employment, officials with the California State Teachers' Retirement System said.
What should happen to Manuel Paul's pension?
He should keep it all 13% (68)
He should lose it all 51% (269)
He should lose some of it 36% (192)
529 total votes.
Neither the federal misdemeanor charge nor an earlier misdemeanor conviction in state court for failing to report contractor gifts will affect those checks, state pension officials said.
"If misdemeanors, the forfeiture law ... would not apply. It's felonies regarding official duties," that would have an impact, said Michael Sicilia, spokesman for CalSTRS.
The Public Employees' Pension Reform Act of 2013 requires government workers to forfeit pension benefits earned after the commission of a felony crime related to official duties.
U-T Watchdog unsuccessfully attempted to reach Paul and his defense attorneys for comment. An unidentified woman who answered the phone at Paul's residence said he was unavailable.
Before he was sentenced, Paul said in court, "If I did anything to cause any humiliation to any student or member of the community, I'm deeply sorry."
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Magistrate Judge William V. Gallo called Paul's conduct "shameful" and opted for a stronger sentence than the four months of home detention recommended by probation officials.
"The abuse of trust is in my view a mortal sin, that is very difficult to excuse," he said.
Gallo ordered Paul to complete 120 hours of community service, pay a $5,000 fine and to report to the downtown federal jail in two weeks to begin his sentence.
Judy Crespo, a teacher in the San Ysidro district for 30 years, said she was disappointed with the outcome and said two months in prison is not enough "for the damage that he has done."
Previously: Ex-schools boss sent to prison
"It seems like its just a slap on the wrist," Crespo said, adding she is surprised his pension will not be affected. "I guess the message is go ahead and do whatever you want to do."
Martin Galante, a dual language Willow Elementary kindergarten teacher, said the uninterrupted pension benefits are insulting.
"It's going to take years to recover with some of the financial issues that we have currently in San Ysidro," Galante said. "It's sad that Mr. Paul is going to be living very comfortably with his pension after causing so many problems in San Ysidro, so it's very disappointing for the community and the teachers."
Willow teacher and union representative John Borja said Paul should get to keep the pension from his teaching years, but not after he committed the crimes.
"He was a teacher for many, many years prior to becoming an administrator, but the part from where he got the misdemeanor could be deducted, I would think," Borja said. "If they get in trouble, then why should the taxpayer have to pay for it?"
Paul will face more legal trouble in the coming weeks.
Also see: County worker steals ink, loses pension
A law that took effect in January 2012 calls for all public agency employment agreements to require the return of all cash settlements "if the employee is convicted of a crime involving an abuse of his or her office or position."
Paul's October 2012 contract extension to June 30, 2015 did not include the language required by the law, nor did his June 13, 2013 retirement agreement terminating his employment.
The district's new contracted attorney, Richard Currier, said he plans to file a lawsuit in the next two weeks in an effort to get back the more than $200,000 severance paid to Paul.
"He's got some excuses, but we are confident we are going to be successful," Currier said.
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Ashly McGlone
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