More About Superintendent Kishimoto’s Romp through Gilbert Municipal Court

bigbucksWe’ve been posting about Superintendent Christina Kishimoto’s jaunt from her office at Gilbert Public Schools to the Gilbert Municipal Court House, where she embarked on a collision course with the legal process and what it was intended by law to achieve. Kishimoto sought what she could not legitimately do otherwise: retaliate against citizens, shut down public criticism and thwart access to public records.  Let’s explore *abuse of process* and *malicious prosecution* through the lens of Christina Kishimoto’s actions. As we posted earlier:

We expect that Superintendent Christina Kishimoto will take up the judge’s *invitation* to come back with more *evidence* sometime in the future. The problem is, it appears that Kishimoto thinks she has a friendly judge who showed her the ropes this time so she can *do better* next time. The next time may not be against the Westies; it could be against anyone who gets in Christina Kishimoto’s way.

** Christina Kishimoto’s Very Bad Day in a Secret Court Hearing
Superintendent Kishimoto Gets Mad, Calls the Police and Goes to Court

It was apparent that the good judge was prepared to believe Christina Kishimoto’s allegations that TWestie was harassing her and that she felt she and her family were in danger. Unfortunately for Superintendent Kishmoto, her petition and testimony never met the legal definition of harassment. That fact didn’t stop Superintendent Christina Kishimoto from trying harder.

Kishimoto gave a whole lot of sworn testimony that was something less than “the truth, the whole truth and nothing but the truth.” Superintendent Christina Kishimoto’s allegation that TWestie harassed her while he was constantly in her office was never true.

***  Kishimoto omitted the clearly relevant information that the Westies are escorted by her staff the entire time they are in the GPS offices, that they speak only when addressed and that they do not seek out persons with whom they do not have an appointment.

***  Christina Kishimoto’s other purposeful omissions in her testimony are glaring: she did not testify that she has never met either of the Westies and she probably wouldn’t know either of them on sight.

Kishimoto embellished her testimony beyond factual statements. When asked if there was any reason TWestie would have been taking photos in the parking lot, Kishimoto replied, “No,” and then further testified, “During the most recent time that he came into the building, he was observed by staff members taking pictures of my vehicle.” She added, “Potentially even inside the vehicle.”

***  It is doubtful the Westies could have photographed “inside” her vehicle from a distance of about 50 feet away, which is the closest they came to her vehicle. DWestie was interested in photographs of the sign, “Reserved for Superintendent.”

Kishimoto’s testimony included that staff members described TWestie as “looking at them and kind of smiling at them.” OMG – that *elderly* man smiled at someone! Call the cops again! Not one to end her story without a flourish, Kishimoto embellished with her conclusion that TWestie was “taunting them, you know in the looks back and forth.”

***  The people in the parking lot were never closer to Westie than approximately 100 feet. It would take something like Superman’s visual acuity to conclude that alleged smiles were “taunting,” a description that is both conclusory and defamatory.

Christina Kishimoto testified that her reason for being concerned and taking action “immediately” was that she takes her daughter and her husband back and forth in her vehicle and that she works “late in the district alone.”

***  A parking space marked by a sign, “Reserved for Superintendent,” is functionally a billboard announcing Kishimoto’s presence in her office at any hour of the day or night.

That glaring public announcement flies in the face of fears for her safety Kishimoto expressed to the judge and her assertion that she acted “promptly.” Christina Kishimoto waited until a week after we took pictures of her sign, actually. But she flounced down to the courthouse shortly after the nice police officer told her how to file for an injunction against harassment.

Previous Superintendents did not have a sign reserving a prominent parking space. In fact, the space that previous superintendents used is located just steps away from a locked entrance to the building, which might be safer for Christina Kishimoto, too.

We promised earlier to explain why the good citizens of the Town of Gilbert cannot turn a blind eye to their knowledge of Superintendent Kishimoto’s false testimony in an ex parte hearing. In this repugnant situation of her own making, Kishimoto defiled the courtroom through intentional, repeated false testimony under oath both in court and on her petition.

As we reported to the Gilbert Public Schools Governing Board, that’s no mistake of judgment…that’s a felony offense. The recording of the hearing shows there is no question that Kishimoto knowingly and willfully testified falsely. Kishimoto gave false testimony in an ex parte hearing, apparently expecting that we would never know about it because she failed to secure an injunction. That doesn’t change the nature of her misfeasance and her intentional misconduct.

We have no doubt that Superintendent Christina Kishimoto committed offenses against the integrity of our justice system and corrupted the legal process. Kishimoto used a legal process for some purpose other than for which it was intended by law, namely, for retaliating against a “constituent” for the purpose of silencing him and his family, and attempting to intimidate our daughter, who is a GPS employee.

We believe Christina Kishimoto unlawfully retaliated against DWestie for filing an OML complaint, which is protected activity. We believe 7-0 Kishimoto’s surreptitious behavior in filing a Petition for Injunction against Harassment and her illegitimate goal of getting an injunction through an ex parte hearing constitute abuse of process and malicious prosecution.

According to GPS Policy KDB: “The Board will keep in mind that maintaining the confidence and respect of the community is of paramount importance to the success of the educational program of the District.” We expect that the public and elected leaders will be dismayed to learn that Gilbert Public Schools Superintendent Kishimoto used a legal process for something other than what is intended by law. Then there’s the problem of her untruthfulness under oath.

As we reported to the GPS Governing Board:

The recording of the hearing shows there is no question that Kishimoto knowingly and willfully testified falsely, which is shocking for a person in Kishimoto’s position. We are well aware, and we expect that the Board is equally aware, that a felony offense such as perjury, which involves moral turpitude, constitutes grounds to deny or revoke state professional licenses such as teachers, administrators and school district superintendents must possess.

In violating GPS Policy CBA, Kishimoto failed to maintain “high standards of ethics, honesty, and integrity in all personal and professional matters.” Her conduct in the courtroom hardly inspires others to highest professional standards. There can be no doubt that Superintendent Kishimoto does not model values the Governing Board requires of GPS students and employees. That’s just the GPS internal stakeholders.

GPS Policy KE-R required that we tell the Governing Board the action we desire. We asked that the Governing Board follow GPS Policy GCQF and dismiss Kishimoto as they are required to do under statute and the terms of her contract:

The SUPERINTENDENT may be discharged for just cause. Cause shall include, but not be limited to, conduct that is seriously prejudicial to the District, including a serious violation of the Job Description or District or BOARD policies, procedures and regulations, insubordination, gross negligence in the performance of material duties, SUPERINTENDENT’S willful dishonesty, fraud or misconduct, material breach of this contract by SUPERINTENDENT, issues involving moral turpitude, issues which constitute a crime or any other behavior that would jeopardize the reputation of the District.

Bottom line: we believe that Christina Kishimoto purposely jeopardized the reputation of Gilbert Public Schools and compromised her ability to conduct the affairs of the school district. We also reported to the Governing Board that we believe Superintendent Christina Kishimoto’s purposeful misconduct compromises her ability to partner with state and local elected officials, other public officers, and local business leaders. The reputation of the District has been damaged by Kishimoto’s immoral and unprofessional behavior as she committed offenses against the integrity of our justice system and corrupted the legal process.

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