The California Highway Patrol is investigating an incident where Monterey County Board of Education Trustee John McPherson appears to have intentionally knocked a phone out of the hand of North Monterey County Unified School District Trustee Rick Diaz during a public meeting in September.

The phone also struck the hand of local community advocate Dolores Huerta, 94.

The incident, recorded on Diaz’ phone, happened after a vote was taken by the State Board of Education to overturn a decision to change the current boundaries surrounding North Monterey County Unified. The video shows McPherson standing up and leaving after the vote was called. Diaz was recording McPherson, who then knocked the phone out of his hand and to the ground, hurting Diaz and striking Huerta’s hand.

“I just want people to be held accountable no matter how small the thing may seem,” said Diaz, who filed a criminal complaint against McPherson.

McPherson and Diaz were among various community members present at the state board meeting in Sacramento. North Monterey County Unified had submitted an appeal to a 2020 Monterey County Board of Education decision to split the district’s territory and move 13 parcels to Lagunitas School District and Salinas Union High School District. The state board voted unanimously to keep the district’s boundaries intact.

When the territory dispute began, there were no children in the parcels that were attending either district. During the appeal process, it came to the state board’s attention that there was now a student in one of the parcels who attended North Monterey County Unified. This student was ultimately the main reason the board voted to keep the boundaries intact.

Board President Linda Darling-Hammond introduced a motion to reject the Monterey County Committee on School Reorganization’s findings in support of the territory change. She and other board members cited possible racial/economic disparities, potential gaps in Lagunitas’ special education programs and funding loss for North Monterey County as some reasons to accept the district’s appeal.

The alleged assault occurred directly after the board voted. “People should hear about stuff like this … I don’t see why this wouldn’t be sent to court because the proof is in the video,” said Diaz.

Immediately following the incident, a CHP officer stationed in the building spoke with Diaz, who decided not to press charges. Two days after the incident, Diaz filed an online police report. After some delays, CHP is now investigating the altercation as an assault.

After speaking with CHP, “I don’t expect it to go much farther,” said McPherson.McPherson, the former chair of the county committee, had supported reorganizing the district as it met the nine criteria for petitions under the state education code.

The California Department of Education also recommended the state board approve the boundary change. The board’s decision made McPherson “about as mad as I can remember being.”

“By the criteria, it certainly made sense to have the community, as it were, all attending the same school … kids on opposite sides of the same street were going to different schools.”

The district’s appeal stated the territory change would “place future families in a smaller, less capable district, which could lead to challenges such as combined-grade classes and inadequate support for high-needs students.” Lagunitas serves around 180 students.

The appeal also noted a boundary change would “increase racial/ethnic segregation” due to significant racial and ethnic disparities between the districts.

According to McPherson, immediately after the altercation, he apologized to Diaz for his behavior which he says Diaz accepted in the moment. The next day, he emailed the North Monterey County Unified board to apologize and offered to apologize in person at their next meeting.

In an email sent to the rest of the board but not McPherson, Diaz declined the offer.

At the next county board meeting on Oct. 9, McPherson made a public apology for his behavior and resigned as the chair of the County Committee on School Reorganization. Trustee Annette Yee Steck now resides over the committee.

“I knew immediately that I was wrong,” said McPherson. “I apologized to (Diaz) face-to-face… I apologized publicly and it was inappropriate for me to act that way as the chair of the county committee, so I stepped down. I really don’t think there’s anything else for me to do under the circumstances.”

The California League of United Latin American Citizens District 12 has advocated for Diaz, writing in a press release that “we must hold our leaders accountable for their actions, especially when they impact our community’s most vulnerable members.”

The league also called for a public apology and McPherson’s resignation from the county board of education.

As far as Diaz’ and LULAC’s call for his resignation, McPherson stated “these individuals who are calling for (a resignation) are not from my Trustee Area 2, and I continue to have support from those I represent.”