SAN JUAN CAPISTRANO – Capistrano Unified Superintendent A. Woodrow  Carter will accept the $28,000-a-year raise he rejected in February now  that a rosier budget picture has enabled the district to restore 269  teaching jobs, a spokeswoman said.

Carter signed a three-year,  $974,850 contract on June 2, the same night it was approved by trustees  and the same night the district rescinded the layoffs, district  spokeswoman Beverly de Nicola said.

Because the contract is effective Feb. 25, Carter also will receive about $7,700 in retroactive pay.

Carter  had publicly rejected a contract and the 11.4 percent raise in  February, saying it wasn't right to take the money while Capistrano  Unified was cutting $27 million from 2008-09 spending. But in May, Gov.  Arnold Schwarzenegger proposed a revised state budget that, along with  other funds, would restore $10.9 million.

"In light of the  improved budget situation and the governor's May revise, and in light  of the trustees adopting the superintendent's contract, he will be  accepting the terms of the contract," de Nicola said.

Carter's  raise was one of two approved June 2. Trustees also OK'd a  $13,856-a-year salary increase for Sherine Smith, deputy superintendent  of education. The $175,000-a-year contract will be her first since  having "interim" removed from her title.

The district still  faces a $16.1 million shortfall. It plans to eliminate 44 of 62 bus  routes and cut 175 non-classroom classified and management positions,  including groundskeepers, maintenance workers, instructional support  and office staff, and district-level administrators.

The raises  drew criticism from Ronda Walen, president of the district chapter of  the California School Employees Association. Without Smith and Carter's  pay raises, Capistrano Unified could easily afford to rehire three  part-time instructional aides, Walen said.

"I'm very  disappointed that anybody would take a raise right now when our  classified employees aren't coming back, and I'm disappointed that they  couldn't find enough leeway to bring back at least some of the  classified employees," she said.

Trustees defended Carter's  raise, passed 4-0, saying it reflects his increased responsibilities  and commitment to the district. The superintendent was initially hired  as an interim executive, and promoted to the permanent post in December.

"I  understand the frustration that everybody has," trustee Duane Stiff  said after the June 2 vote. "I agree that he is a fantastic  superintendent, and to those who feel he's being overpaid or  over-appreciated, (you should know that) his contract took many, many  days to negotiate."

Trustees considered Carter's latest  contract after learning they violated the state's open-meeting law by  adopting the earlier contract in a Feb. 25 closed session. The original  contract had also been modified after the board's approval, with a  clause on termination pay added; the board never voted on the  modifications.

Three trustees – Ellen Addonizio, Anna Bryson, Larry Christensen – left the room before the June 2 vote.

They  said they were uncomfortable rescinding the contract from February and  authorizing a replacement because of allegations by the CUSD Recall  Committee parents group that the contract modifications were illegal.  The superintendent has denied any wrongdoing, saying the changes merely  reflected state law provisions.

"We can't have ratified or  voted on something we never saw," said Bryson, who was the first  trustee to leave the room because she had a plane to catch.

"I  would have voted no on the salary increase," she added. "The shortfall  in the state is far more grave at this time. We still have too many  people who have not been brought back."