Recently, a registered sex offender was discovered working a volunteer position at a San Jose Catholic elementary school festival, but allowed to remain by police. The police declined to arrest the man after it was discovered the man had written permission from a church official to attend the festivities.

The man, Mark Gurries, was recognized as sex offender by someone who was attending the function. He had been convicted in the past of molesting a young relative.

A parent attending the festival said that Gurries had been operating the sound system on the night of the festival, and had little to no supervision. The event was aimed at students ranging from kindergarten to 8th grade, as well as church parishioners. It is estimated that there were several hundred children attending the event. One parent said "We want to know why they put our children in danger that night."

It is unknown how Gurries got the letter, and its authenticity is unknown. The pastor who runs the school said that he knew nothing about the letter or Gurries' conviction, only learning about both subjects on the night of the incident. The diocese is still unable to track where the letter originated from.

The letter in question said that the church was aware of Gurries' registered sex offender status, and indicated that he was allowed on the school campus, participate in parent functions and needs to be supervised when children are present.

An off-duty deputy hired by the church for security at the function escorted Gurries off campus "out of an abundance of caution."

California Penal Code states that a registered sex offender can be on school grounds if written permission is provided from the chief administrative official of the specific school. A registered sex offender risks being convicted of a misdemeanor for being on school grounds if no letter giving permission is present.

Gurries' possession of the letter meant that the off-duty deputy could not make an arrest.