Schools

Baseball Dad Strikes Out in Court, Is Denied Look at Club's Financial Data

Judge tells lawyer for Dan Nesovic that Blue & Gold Baseball Club isn't a booster club and Grossmont district doesn't have to release snack bar records at Grossmont High School.

A judge ruled Friday that Blue and Gold Baseball Inc.—a nonprofit group founded by former Grossmont High School baseball coach Jim Earley—will not have to disclose its financial records under the California Public Records Act. Judge John S. Meyer said Blue and Gold is not a school booster club—and thus not a public entity subject to the state law. Dan Nesovic, father of former Foothillers baseball and basketball star Robbie Nesovic, sued the Grossmont Union High School District and Blue and Gold, hoping to gain access to snack-bar records in hopes of proving that the club misappropriated concession receipts. Meyer told the court that he did not feel there was sufficient evidence to establish that Blue and Gold was actually a booster club, governed by the school district, and thus subject to disclosing its financial records. “I think it would be a stretch to confirm this private corporation as a public entity, therefore I’m going to confirm [his earlier] tentative decision,” Meyer said. “It’s a private organization created by a private individual.” Patty Lewis, who represented Nesovic at the hearing, argued that the district played a role by allowing the use of the baseball field at Grossmont by various teams operated in the offseason by Blue and Gold. Lewis claimed that Blue and Gold had in fact submitted an application for booster club status with the district. In his original complaint, Nesovic and his attorney argued: “Blue and Gold’s authority to operate for the public benefit of Grossmont High School comes from the Grossmont District. The procedure to operate as a Booster Organization for the Grossmont High School public benefit begins with an application form provided by the district to Blue and Gold.” In response, Blue and Gold said the club “admits that Blue and Gold’s authority to operate for the public benefit of Grossmont High School comes from the Grossmont District and that the procedure to operate for the Grossmont High School public benefit begins with an application form provided by the district to Blue and Gold.” This admission led Nesovic and his lawyer to believe that they would be entitled to see the group’s financial records. But Meyer said he could not find evidence that an actual booster club application had ever been submitted by Blue and Gold to the district. After the 15-minute hearing in downtown San Diego Superior Court, Lewis begged to differ. “It is Mr. Nesovic’s and my opinion that Blue and Gold has been operating as a booster club for a number of years,” Lewis said. “Though I understand the court’s opinion, I do disagree with it.” With the judge not finding sufficient evidence that Blue and Gold was a booster club, it is unlikely that Nesovic can file additional claims against the organization, in regards to seeing their financial records. “The only thing I think would be available to Mr. Nesovic—not as to gathering further evidence; I think we have all the evidence we can get—but I believe, that the only next step, if there is going to be one, would be an appeal to the Fourth District [state appeal court], which, again, I’ve not discussed this with him.” Lewis added that she’ll have to meet with Nesovic—who didn’t attend the Friday morning hearing—to determine if an appeal takes place.  “There’s a certain limit of time—I believe that it’s 30 or 60 days from the time of judgment—and then from there it’s up to the court of appeals to determine a date,” she said. “Whether that would happen swiftly or take a couple of years, I wouldn’t know. Given the budgetary cuts, I’m surprised we were able to get a hearing this soon. The courts here are really overburdened.” In a November 2011 memo to Principal Dan Barnes, Nesovic accused Earley of misappropriation of baseball revenues, unlawful use of school district facilities, illegal recruiting, pay-for-play and violations of federal Title IX rules. But perhaps the most damaging claim was that Earley had misappropriated receipts of a snack bar named for his late mother, Patsy. In May 2012, a school district spokeswoman said: “Grossmont High School does not have a baseball booster club. Blue & Gold Baseball Inc. (B&G) was not established as a booster club, but as a baseball club in order to facilitate baseball in the off-season (per CIF guidelines). B&G is a non-District 501(c)(3) organization, which is legally separate from the district.” Nesovic drew withering criticism in the days after Earley resigned in May 2012 in the wake of losing 20 straight games. The judge’s order came Friday despite an attempt by lawyers for the Grossmont district to delay the hearing. On Monday, attorneys William and Dan Shinoff argued that their “inadvertent mistake of calendaring the wrong date that the opposition was due” led to the filing of a late document to the court and Lewis receiving the document without sufficient time to reply. “This request is made with both my apologies to the court and to counsel for plaintiff Nesovic and defendant Blue and Gold Baseball Inc., and urges the court to make its decision based on the merits at a date convenient to the court and counsel,” the Shinoffs wrote. On Tuesday, Judge Meyer rejected the bid to delay the hearing.


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