By Alex Breitler
Record Staff Writer
December 09, 2008 6:00 AM
STOCKTON - Longtime San Joaquin Delta College Trustee Maria Elena Serna resigned from the board Monday moments before pleading no contest to a charge that she claimed reimbursement twice for several business trips dating back to 2005.
Serna's letter of resignation, which her attorney handed to board President Janet Rivera in the hallway at San Joaquin County Superior Court, cited Serna's health.
"On the advice of my physician, I can no longer fulfill my obligations with the college, and due to personal reasons, I will be having this resignation effective immediately," the 67-year-old Serna wrote. She declined further comment.
Past problems
Police reports say former San Joaquin Delta College Trustee Maria Elena Serna had past problems with travel expenses and reimbursements:
• An administrative assistant at Delta said Serna asked to be reimbursed for meals that President Raul Rodriguez had already paid for on a college credit card.
• The same assistant said Serna once became "belligerent" when she learned she would not be receiving a full travel allowance for a conference in San Jose, even after she was told the conference would be providing meals.
• When Rodriguez and Serna took a business trip to Washington, D.C., in February 2007, Rodriguez paid for a cab ride and a meal at a Brazilian restaurant; Rodriguez learned later that Serna tried to claim reimbursement on both.
Serna, a Delta trustee since 1990, was accused of claiming nearly $1,650 from both Delta College and the Community College League of California, which held conferences attended by Serna in San Francisco and Sacramento. The money has been paid back, prosecutors said.
"It's not the amount of the money. It's the audacity of the conduct," said Deputy District Attorney Stephen E. Taylor. "When people do that in public service, they have to leave."
Delta administrators noticed inconsistencies in Serna's reimbursement records and contacted prosecutors, who sent the case to Stockton police. A criminal complaint was filed Friday following a two-month investigation.
The case was set to go before a grand jury today before the last-second plea deal was arranged, attorneys said.
The single felony charge levied on Serna could have resulted in up to three years in state prison.
But Judge Richard J. Guiliani said the court viewed the case as a misdemeanor and sentenced Serna to three years' informal probation, requiring that she obey all laws.
Delta President Raul Rodriguez, who sat in the first row at Monday's arraignment, said the college has long struggled to help Serna understand how reimbursement works.
"It's a shame we've come to this," he said. "But a trustee should know better."
One example: According to an internal Delta College memo, Serna attended a meeting of the nonprofit college league June 20-21 in Sacramento. Delta College used a $179 credit card payment to reserve her room at the Hyatt Regency hotel; Serna wrote up her own reimbursement for the same amount and filed it with the league.
So she was paid by the league for an expense the college had already covered, the memo said.
Overall, the league reimbursed Serna $1,642 for expenses already covered by the college dating back to 2005, the report said. Serna signed reimbursement forms stating that no more money would come from any other source.
Serna's attorney, Albert Ellis, called this a "technical" violation of the law and said Serna's intent was not to defraud anyone.
"This is a horrible thing for someone to have to go through after so many years of distinguished service," he said. "This is the type of woman they're normally talking about naming schools after."
Serna, a retired Bear Creek High School social science teacher, had represented the Lodi area on the Delta board since 1990; she was the first Latino woman elected in San Joaquin County, according to a Delta College news release earlier this year.
She is also the sister of Joe Serna, who served as mayor of Sacramento from 1992 until his death in 1999.
Maria Serna was part of the board majority that favored building a south-county campus in Mountain House, a decision derided by new board members. She recently had back surgery and was not present for some key decisions about how trustees should divvy up a dwindling pool of bond money.
Her resignation means just two of the seven previous Delta trustees will be returning to the dais. Two others did not seek re-election in November, and the last two were ousted by challengers. Only Rivera and Ted Simas will remain on the board.
State law says Delta must either order an election or appoint someone to fill the vacancy. The organization of the new board will be discussed at a special meeting Wednesday night.
Prosecutor Taylor accused Serna of "felony conduct" and said the case was treated very seriously because Serna held public office.
Ellis, her attorney, questioned whether the case would have been filed at all had she been an ordinary citizen.
In a memo to the campus community Monday, Rodriguez said Serna's resignation and other recent negative news - such as allegations of overspending by student government - are "not random or accidental events" but are part of an ongoing effort to "correct longstanding problems, to ensure that we are abiding by laws and regulations, and to bring about necessary and positive change."
Said board President Rivera, after court: "We're cleaning house."
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