Attorneys for fired Santa Clara County Superintendent of Schools Mary Ann Dewan are seeking a restraining order to prevent the Board of Education from appointing an interim superintendent at tonight’s meeting.

The board, which decided to dismiss Dewan on Oct. 2, is slated to appoint an Orange County educator, Charles Hinman as the interim superintendent. Hinman is interim executive director of Oxford Preparatory Academy, a charter school in Mission Viejo. The board agenda also includes the selection of search firm to hire a new permanent superintendent.

The restraining order request, filed Monday in Superior Court, argues that the county Office of Education trustees did not have authority to dismiss its superintendent, or to place her on 30 days’ administrative leave, based on state law and the state constitution.

The board, Dewan’s attorneys said in the court filing that the board “fundamentally misunderstands its limited jurisdiction. Instead, the board’s counsel made clear that the board views itself as the superintendent’s ‘boss’ by ‘directing’ her not to perform her duties.”

If approved, the injunction would all Dewan to continue as superintendent until the court determines the outcome of her Dec. 8 lawsuit asking the court to nullify the board’s decision to dismiss her.

State law, according to Dewan’s court filing, gives the county Board of Education the authority to appoint a superintendent and set her salary.

A group of six state assembly members and senators sent a letter to board members Monday opposing the decision to terminate Dewan.

“The board’s decision wastes finite public resources and will significantly disrupt student services, district supports and critical programs that benefit our highest need populations,” said the letter from Assemblymembers Gail Pellerin, Robert Rivas, Marc Berman and Evan Low and Senators Josh Becker and Dave Cortese.

Dewan and her lawyer filed the temporary restraining order request Monday to prevent the board from appointing an interim county superintendent at its board meeting Wednesday.

The county Board of Education voted privately 4-2-1 to dismiss Dewan after six years leading the county Office of Education. She is demanding reinstatement, claiming the board not only had no authority to fire her but also that it violated California’s Brown Act regulating open meetings of public bodies.

San Jose lawyer Steven Ellenberg, a partner in the Lathrop GPM law firm acting on behalf of Dewan, said the board “wrongfully and unlawfully met in closed session” in July, August and September with attorney Ash Pirayou “reputedly to discuss anticipated litigation,” even though “no litigation was anticipated.”

That Oct. 4 email, “a notice and demand to cure,” was the first step in legal proceedings alleging violation of the state’s open meeting law, which could lead to legal action by the district attorney against the elected board of education.

On Oct. 3, the board announced that it had voted to “terminate [Dewan] without cause,” an approved unannounced severance package.

Transparent California reported Dewan’s annual 2023 salary at $390,373.