District Named in Libel Suit : Ex-Laguna Beach AD Files Claim of $1 Million

Walter J. Hamera, former Laguna Beach High School athletic director, filed a $1-million libel suit against the Laguna Beach Unified School District and three of its board members Thursday in Orange County Superior Court.

Hamera is asking for $550,000 in general damages and $500,000 in punitive action.

The suit claims the defendants, which include Board of Education President Janet S. Vickers and school board members Carl E. Schwarz and Charlene Ragatz, “circulated a statement to all principals and athletic directors in Orange County falsely stating that (Hamera) failed to disclose the receipt of illegal payments by athletic coaches.”

The suit also said “this statement exposed (Hamera) to contempt, ridicule, obloquy and tended directly to injure (Hamera) in respect to his profession as a teacher. . . . “

The four-page letter, written on Laguna Beach Unified School District stationery and signed by the three board members named in the suit, purports to respond to comments made by Hamera in a May article in The Times in which Hamera criticized district’s policies regarding athletics.

Hamera, 40, has been employed at Laguna Beach since 1974 and is an English teacher there. He resigned from the athletic director’s position in June.

Vickers, Schwarz and Ragatz, who were attending the regular Laguna Beach Unified School District board meeting Thursday night, were unavailable for comment.

Hamera, once the Artists’ head football coach, referred questions to his attorney, Harris Kershnar of Tustin.

According to Kershnar, the suit is the result of several legal actions between Hamera and the school district. Earlier this summer, Hamera filed a claim with the district asking for $550,000 in damages.

In that claim, Hamera alleged that “on or about June 10, 1985, three members of the Board of Education of the Laguna Beach Unified School District caused to be circulated to numerous parties a defamatory letter which was libelous on its face, as it pertained to (Hamera), within the meaning of Civil Code Sections 45 and 45a.

“In particular, the letter made a false statement of fact that ‘at no time did he inform anyone that this (acceptance of monetary gifts by coaches) was illegal under CIF rule 507.’ ”

The district denied the claim, freeing Hamera to sue according to standard procedure. Because the district is a public entity, it must be presented with all such claims before a civil suit can be filed.

Once a claim is rejected, the claimant then has six months to file a suit. According to court papers, Kershnar received written notice of the district’s rejection in August.

On Thursday, Kershnar filed suit in civil court on behalf of Hamera, adding the $500,000 punitive action to the initial claim of $550,000 in damages.

Said Kershnar: “We think we have a valid claim or else we wouldn’t have filed it in the first place. We don’t consider it a frivolous claim.

“As far as Walt was concerned, Walt was ready to go forward with this suit initially. The decision had been made initially because he feels what they did was totally inappropriate.

“It will be a while before the matter comes to trial. We’d like to proceed as vigorously as possible.”