The District Attorney's Office is investigating whether the Rio School District board, which was accused last week of improperly placing the district's superintendent on leave, has violated the state's open-meetings law.

Tom Harris, special assistant district attorney, said Tuesday that the DA's Office will examine the board of trustees' actions during the last couple of meetings. Actions at both sessions have been criticized -- the board majority hired a law firm Feb. 14 that lacks experience representing school districts and placed Superintendent Yolanda Benitez on leave without explanation March 5.

Critics are questioning whether the board majority had made up their minds in advance of the meetings and wrote agenda items so the public would not know what was actually going to be discussed.

Harris said he could not say exactly what issues he will be examining in his investigation of whether the Rio board violated the open-meetings law, known as the Ralph M. Brown Act.

"There have been some rather nonspecific allegations that the board is failing to comply with the Brown Act," Harris said Tuesday. "We're going to see if there's any basis for those complaints."

Benitez has said she was blindsided by the board's decision to place her on leave because the only item on the agenda that referred to her was labeled "Superintendent -- Review of Superintendent's Goals and Objectives, Including Personnel, for Board Input."

Kevin McTague, a partner in the law firm representing the district, said the board believes it has complied with the Brown Act. He declined additional comment, saying it was a personnel issue.

Benitez, 51, remains on paid leave pending an investigation into unspecified charges.

The district attorney's inquiry comes as the Rio board considers tonight whether to hire a Ventura accounting firm to investigate and audit the district's administrative expenses. The board's meeting agenda says the five trustees will be asked to approve hiring the Ventura firm of Pyne, Waltrip, Lippert & Decker at a rate not to exceed $195 an hour.

Acting Superintendent Mary Anne McCabe said the district's last audit recommended only that the district inventory its fixed assets, including land and buildings. That audit was delivered to the board in January, she said.

McTague declined to comment on the investigation of administrators' expenses or on an evaluation of the superintendent that is listed on the agenda. He would not say either whether an item calling for discussion on discipline, dismissal or release of a district employee referred to Benitez.

Benitez has a contract that does not expire until 2006. Under its terms she can be dismissed only for just cause unless the board agrees to buy out her contract at a cost of $180,000.

Her attorney, Celia Ruiz, said that the board should have informed her of the allegations before relieving her of her duties and placing her on leave.

"How can you possibly defend it if you don't know what the allegations are?" Ruiz said.

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