Culture of Corruption

Disgraced Marlene Draper spouted utter contempt for the voters she represented

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Marlene Draper, The Orange County Register "When one of the ABC trustees indicated that the constituents of CUSD would be unhappy with the proposed increase in compensation, trustee Marlene Draper commented, 'It's not about them,' and pushed forward the vote approving the new, more lucrative contract offer."

The OC Register published this excerpt from a report by the OC District Attorney, dated September 2, 2008. Draper's statement was quoted from a February 25th closed session board meeting to discuss a permanent employment contract for Superintendent Carter. Draper's comment was in response to reform trustees Ellen Addonizio, Anna Bryson and Larry Christensen, who argued that a proposed $58,000-a-year raise was too high in light of the district's pending fiscal crisis. Their point was that such excesses were not in the best interests of the "them" in question...the constituents of CUSD. The District Attorney took issue with Draper's insulting, wrong-headed remark, concluding the report by mocking Draper with the obvious truth: "It is all about them."

Stiff drives effort to indemnify trustees; makes no distinction based on scope of employment or alleged criminal activity

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Duane Stiff, The Orange County Register "Jim Fleming thought he was indemnified but he wasn't. That's what brought this to my attention. You're serving the public and putting your entire estate at risk."

Thanks for clearing that up for us, Duane. A lot of people have been confused about that "serving the public part" of what Fleming was doing when he got caught. Maybe you could stop thinking about protecting your own hide long enough to explain how this is good for the district and the constituents you are supposed to be "serving." Stiff is a Fleming-era CUSD trustee.

Trustee Addonizio calls Fleming trustees' failure to hold Fleming accountable, "reprehensible"

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Ellen Addonizio, Trabuco Canyon News “It is reprehensible the Fleming-era Trustees failed to hold the Superintendent accountable.”

Ellen Addonizio and Anna Bryson, two of the newly-elected members of the CUSD Board of Trustees agreed to be interviewed by the press. Addonizio and Bryson both called for the remaining Fleming-era trustees to be held accountable.

Trustee Bryson calls for Fleming trustees to be held accountable

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Anna Bryson, Trabuco Canyon News “Accountability is something you accept when you go on any board.”

Anna Bryson and Ellen Addonizio, two of the newly-elected members of the CUSD Board of Trustees agreed to be interviewed by the press. Addonizio and Bryson both called for the remaining Fleming-era trustees to be held accountable.

RSM Councilmenber says Fleming trustees are complict in CUSD scandals and should resign

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Neil Blais, Trabuco Canyn News RSM Councilman Blais stated the four remaining Fleming-era trustees “are complicit in this whole affair and they need to step down.”

In response to the indictments and continuing problems in beleaguered CUSD, local officials from across South Orange County are now speaking out and demanding change. Blais is a Councilmember of the City of Rancho Santa Margarita.

RSM Mayor Pro Tem calls for Fleming trustees to step aside for the good of the community

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Gary Thompson, Trabuco Canyon News “Good public servants would recognize that when you get to the point where you no longer have the support of the people, for the good of the community and best interests of the organization you represent, it is time to step aside.”

In response to the indictments and continuing problems in beleaguered CUSD, local officials from across South Orange County are now speaking out and demanding change. Thompson is Mayor Pro Tem of the City of Rancho Santa Margarita.

CUSD spokesperson says CUSD is a 'full disclosure' agency, but district stonewalling tells a different story

Beverly DeNicola, email to The Full Disclosure Network "When we talked a few weeks ago you said that our district was stonewalling. I pointed out that you and I had never talked, and that I would be happy to provide you with any any information any time, just as I do with reporters and members of the public. I have spoken to our Board President, and Mrs. Benecke has asked me to provide you with information on her behalf. Neither she nor I will be available for an on-camera interview at this time. I am looking forward to receiving the questions that you said you would be sending to me. I will respond completely and honestly to your questions, except that, as I stated before, I am unable to address questions that go to the recall, which is a political process, or the legal process involving our former employees. CUSD is a 'full disclosure' agency. Give us a chance to prove that to you."

DeNicola sent this to Full Disclosure in response to an email from Leslie Dutton, whose repeated attempts to interview the CUSD trustees and Superintendent Fleming for nearly two years had been rejected by the district. As CUSD's Director of Communications, DeNicola carries on the tradition of her predecessor, David Smollar, by spinning to cover the district's obvious stonewalling.

Leslie Dutton recounts the details of the stonewalling district spokesperson DeNicola tries to hide

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Leslie Dutton, email to Beverly DeNicola "Attached to this Email is the Full Disclosure letter to CUSD Board President Marlene Draper, Dated February 14, 2006. The letter documents our first request fir interview was in September of 2005 and the numerous other requests to the Trustees via Certified Mail. And our request to interview Superintendent Fleming via the Director of Communications, David Smollar."

"In the third week of June this year (2007) Full Disclosure requested an interview with the CUSD Board President Sheila Benecke and spoke to you at length about our frustrations about how it appears that we are being stonewalled by the Trustees. At that time you told me you would get back to me in July with an answer about setting up an interview with Trustee Sheila Benecke."

"Today it is the last week in July, and when Full Disclosure called to follow up with you, you told us that you will be going on vacation stating Wednesday. We are in the final week of production of our 'CUSD Update' and have waited all this time to hear from you."

Sheila Benecke's arrogant, caustic tongue dishonors CUSD again, demonstrating she is unworthy to serve

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Jonathan Volzke, The Capistrano Dispatch "Board President Sheila Benecke drew more ire during the meeting when she told the packed board room 'Any jackass can knock down a barn' and used the word 'slither' when referring to speakers approaching the podium."

Benecke made these caustic remarks at the June 4, 2007 Borad meeting. Such lack of decorum proved that Benecke, the Queen of Mean, was the real jackass, and after spewing such venom from the dais, Benecke left no doubt who the real snake was. Volzke is the publisher of The Capistrano Dispath.

Admin building controversy is just one of many to plague CUSD in recent years

Seema Mehta, The Los Angeles Times "The administrative center is just one of the controversies to dog the district in recent years. Although many of the district's 56 schools are ranked among the state's best, other brouhahas have included an Orange County Grand Jury probe; a raid of district headquarters by the district attorney; the resignation of its longtime superintendent after accusations he kept an "enemies list"; and disputes over attendance boundaries, a high school's location and portable classrooms."

Mehta is a reporter for The Los Angeles Times.

Smith seeks reason for constituents' angst, but will he really listen?

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Dennis Smith, The Orange County Register “What is it that’s burning to create this angst? I need to understand that.”

Smith asks the right question. Hopefully he won't ignore the real answer - the culture of corruption that must be changed before any of the serious issues facing CUSD can be permanently solved. Smith is the Superintendent of the Capistrano Unified School District.

McCully admits CUSD still falls short on transparency

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Charles McCully, The Orange County Register “I think there’s work to be done on being transparent. We still need to make sure we’re communicating in a timely fashion with all the cities we represent.”

McCully is the former Interim Superintendent for the Capistrano Unified School District.

Trustee Bryson affirms CUSD's obligation to comply with state's open meeting law

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Anna Bryson, The Ladera Post “We want to make sure we have a sunshine effect on anything we do. The public has the right to know. It’s their money.” Trustee Bryson reacts to the settlement of a Brown Act lawsuit brought by one of CUSD's critics. Facing overwhelming evidence of wrongdoing, but admitting none, the Capistrano Unified School District agreed to record its closed-session meetings for one year. A judge could review the tapes to ensure that the Brown Act is followed.

Smollar believes he did right thing as whistleblower

David Smollar, The Orange County Register “I have no second thoughts about what I did ... The stress, the disgust (of working for Fleming) have disappeared.” Smollar speaks bluntly about his former role as CUSD spokesperson under former Superintendent James Fleming.

Condescending and disrespectful, CUSD says “Trust us, we are telling the truth, this time.”

Dwaine Goodwin, The Capistrano Dispatch “To the citizens of San Juan Capistrano from the Trustees and Superintendent of C.U.S.D. “Trust us, we are telling the truth, this time.” This is almost like a Shakespearean comedy, if it was not so very serious and involves so very much money. How so few people can cause so much angst among a community is frightening. We elect these people with a knowing trust only to be deceived and lied to until such time as the truth is unavoidable. Then they tell us to “move on.” How condescending and disrespectful can they become? Really bad choices on our part.” Goodwin is a San Juan Capistrano resident.

Reader disgusted with community dissention caused by, and lack of accountability at, CUSD

Dwaine Goodwin, The Capistrano Dispatch "How so few people can cause so much angst among a community is frightening. We elect these people with a knowing trust only to be deceived and lied to until such time as the truth is unavoidable. Then they tell us to 'move on.' How condescending and disrespectful can they become?" A CUSD resident expresses disgust over the district's refusal to assign blame or demand personal accountability for admitted lies to the public about the funding sources of the new administration building.

CUSD won’t regain public trust and nothing will really change without true accountability

Brad Goff, The Orange County Register “... Capistrano Unified School District officials have a long way to go if they want to regain the public’s trust. There is a deep culture of corruption throughout the administrative staff and the existing board members and until those people are held accountable for their misdeeds and removed from office or removed from their administrative positions, nothing is likely to really change.” Goff is the Chairman of Citizens for a Safe Rancho Santa Margarita, a local citizen action group.

It’s business as usual at CUSD, Fleming trustees appear to have learned nothing

Brad Goff, The Orange County Register “We should see fairly quickly over the next few months if the old-guard has really learned its lesson or if it intends to continue business as usual. The fact that not a single board member has taken any responsibility whatsoever for any of the mess that the district currently finds itself in indicates to me that they probably haven’t learned anything.” Goff is the Chairman of Citizens for a Safe Rancho Santa Margarita, a local citizen action group.

No improvement at CUSD possible until those responsible are held accountable

Brad Goff, The Orange County Register "The fact that not a single board member has taken any responsibility whatsoever for any of the mess that the district currently finds itself in indicates to me that they probably haven’t learned anything. In fact, they appear to be in complete denial..." Mr. Goff shares the belief of many of his fellow district residents that nothing is likely to change at CUSD until those responsible for the district's past wrongdoings are held accountable by their removal from elected offices or administrative positions at CUSD.

Reader thinks term limits would lessen divisiveness and bring accountability

Mary Ann Andahl, The Orange County Register “If term limits were set for school-board trustees, I suspect there would be far fewer recall attempts and less divisiveness among parents, teachers and supporting staffs. Perhaps saying, “not this time” to incumbents, some of whom have serves 20, 30 or more years, would eliminate the difficulties we read about. From my experience, those who serve more than eight or 12 years tend to lose focus and ignore the constituency they serve ... Let’s start sending messages to career politicians and let them know that we hold them accountable for their actions even at this level. Andahl is a resident of the City of Cypress.

Fleming and Trustees knew or should have known Mello-Roos taxes were used for new admin building

Barbara Casserly, The Capistrano Dispatch “I had requested an accounting of 87-1 Mello Roos funds in April 2004 via a legally binding California Public Record request which resulted in 29 four inch volumes being provided to search for answers. That led to a meeting in June 2004 with Dave Doomey, Assistant Superintendent where answers were still not provided. On Sept 21, 2006 Sherry Hahn CUSD CFO said she had been instructed by Mr. McCully to provide the requested information. Two and one half years after I first asked a question I learned that $20 million dollars from the 87-1 fund had always been allocated to a new administration building. The Trustees all knew, or should have known that a portion of Mission Viejo/Aliso Viejo 87-1 Mello Roos was designated in 1990 to pay for a district office building. In 2004 the Fleming Administration was unwilling to admit that to the public.” Casserly is a Mission Viejo resident and PTA leader.

Trustees owe public an explanation for the lies they told or condoned

Barbara Casserly, The Capistrano Dispatch “Now is the time for the CUSD Trustees to explain to the public why they lied, or allowed lies to be promulgated repeatedly by Jim Fleming. Time after time, publication after publication, the public was informed that the funds for the administration building were restricted to bricks and mortar in San Juan Capistrano. Prominent members of the public continue to believe that every dime for the new administration building could only be used for an administration building in San Juan Capistrano.” Casserly is a Mission Viejo resident and PTA leader.

Fleming Trustees should be ashamed, owe public an apology

Barbara Casserly, The Capistrano Dispatch “The current CUSD Trustees who allowed that environment to exist need to be voted out of elected office because they were responsible for the management of an out of control superintendent, Jim Fleming. The Trustees should be ashamed for what they allowed to occur during the Fleming administration. The public deserves an apology.” Casserly is a Mission Viejo resident and PTA leader.

Fleming trustees cannot be trusted, new leaders needed to save district from mess they created

Barbara Casserly, The Capistrano Dispatch “As Friedrich Nietzsche said 'I’m not upset that you lied to me, I’m upset that from now on I can’t believe you' ... It will take new leadership to restore credibility in CUSD and lead this district out of this embarrassing mess.” Casserly is a Mission Viejo resident and PTA leader.

PTA parent was loyal to Fleming until investigated and threatened

Barbara Casserly, The Capistrano Dispatch "I was a loyal supporter of Dr. Fleming and the Trustees until I was investigated and threatened that if I continued to ask questions, future funding might not come to Mission Viejo. I am ashamed that I did not make my concerns public because of fear of retaliation." PTA member recounts heavy-handed tactics leveled against her by former Superintendent Fleming and the Trustees.

Smollar testifies that Fleming lied about consultant Mike Eggers and the funding sources for the new administration building

Deposition of David J. Smollar, Lackey vs. CUSD, p. 137 "Q There's a sentence, and I'll read it to you, "I no longer believe myself capable of communicating a true picture of CUSD." Why did you write that? A Because of what had occurred both with the lying on Eggers, the lying about his voucher, and the fact that the superintendent was still writing in his -- or dictating in his documents that the funding was redevelopment money, it could only be used for, you know, limited purposes, I mean, we were still trying to pedal that line." Former CUSD Communications Director Smollar testifies that the district lied to cover up illegal express advocacy in its hiring of political consultant Mike Eggers at taxpayer expense, and to cover up the truth about the financing of the new administration building with its "redevelopment funds" lies.

Volzke asks whether voters will hold SJC Councilmembers Hart and Swerdlin accountable for biased, backroom politics

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Jonathan Volzke, The Capistrano Dispatch "How about the Capo Unified Schools debacle – will voters take Hart and Swerdlin, to task for a resolution supporting the district trustees at the onset of the recall?" Volzke is the publisher of The Capistrano Dispatch.

CUSD scandals followed by DA raid and grand jury subpoenas

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Editorial, The Orange County Register "Nothing but bad news has come from the Capistrano Unified School District over the course of the summer, with the latest story coming last week. Investigators from the Orange County District Attorney’s Office showed up at Capistrano district headquarters with a search warrant and seized computers used by Superintendent James Fleming’s assistant. Several district employees also appeared before the grand jury after being served with subpoenas."

Common thread of CUSD scandals - arrogance of power

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Editorial, The Orange County Register "Other issues have troubled us and parents over the years, including the district’s attempt to use eminent domain against a private school and its use of racial considerations in determining new districts (in apparent violation of Proposition 209). The common thread seemed to be one of arrogance of power ... It’s hard not to agree with a recall supporter who pointed to a “culture of corruption” at the district."

CUSD a poster child to warn other districts as its culture of corruption unravels

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Editorial, The Orange County Register "An investigation doesn’t mean guilt, of course, but there have been many troubling revelations about how Mr. Fleming and the board of trustees have been running the district. It’s a story of power and arrogance, and the unraveling of the administration contains warnings for other districts."

Fleming resignation should not deter investigations, new leadership, oversight

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Editorial, The Orange County Register "Mr. Fleming announced his retirement effective at the end of this month, but that should not quell the call for serious investigation into any illegalities or stop the movement to bring new life onto a board that has failed in its responsibility to provide meaningful oversight."

Smollar "disgruntled" due to lies - Fleming, Draper and others to blame for taking focus off teaching and learning

David Smollar, The Capistrano Dispatch "Yes, Erin Kutnick, I grew most unhappy as I learned of the lies, hype and exaggeration from the top. Anyone with a moral compass would be disgusted, and there are many in the district silently relieved at the end of the Fleming regime. For the record, I resigned, and Fleming then gave me a letter offering to “be of assistance in my future endeavors.” So much for your little innuendo hinting at something else. I’m sure Fleming would love now to say he fired me, but that’s one lie, if told, that would definitely have legal consequences for him. And yes, it’s sad that the community’s focus has been taken off teaching and learning, but the blame lies squarely at the feet of Fleming, Draper and the gang with their arrogance of power." Kutnick is a columnist for The Capistrano Dispatch. Smollar is the former Director of Communications at Capistrano Unified School District.

Greenhut emphasizes need for accountability among CUSD leadership

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Steven Greenhut, The Orange County Register "By the way, the Grand Canyon was shockingly impressive. The only thing more impressive would be to see some accountability when government officials and politicians waste your tax dollars, abuse your rights and put their own agendas and employees above the citizenry." Greenhut referring to the need for real accountability at CUSD for the numerous misdeeds revealed in a summer of multiple scandals involving Superintendent Fleming and other CUSD leaders. Greenhut is senior editorial writier and columnist for The Orange County Register.

Smollar confirms Fleming's and Trustees' amoral character

David Smollar, The Orange County Register "Mostly, I thought they were white lies, exaggerations, and I'd correct them," Smollar says. "But then with the recall, I realized they (Fleming and the board) would stop at nothing." Smollar, former CUSD spokeperson, confirms the amoral, by-any-means-necessary characters of former Superintendent James Fleming and the CUSD Trustees he served under.

Fears of retribution among recall supporters not surprising

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Editorial, The Orange County Register "Fears of retribution among recall supporters are hardly surprising given the Register’s report Monday that the Capo administration kept tabs on families who supported the recall. The district also received information from an informant within the recall movement."

Outside investigations in order for both CUSD and registrar

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Editorial, The Orange County Register "The scandals that demand outside investigation are twofold: the behavior of Mr. Fleming and his administration and the performance of the Registrar of Voters office. The former should be conducted by the district attorney, the latter by the Board of Supervisors."

Benecke supports Fleming's unethical use of mole to spy on recall proponents in private home

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Sheila Benecke, The Orange County Register "Do I think it’s good for Jim (Fleming) to know what’s going on out there? I do.” Benecke told The Orange County Register that she supports Fleming's use of a pro-board informant who infiltrated the recall campaign by entering a private home of recall proponents to spy on them. By condoning and excusing such unethical behavior, Benecke reveals how closely allied she is with Fleming and how corrupt she has become in defending him.

At-large elections benefit incumbents, obstacle to challengers

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Jonathan Volzke, The Capistrano Dispatch “Running for a trustee’s seat in Capo Unified is like running for an assembly seat because of the size of the district – you’d have to campaign in seven cities and cover 195 square miles.” Although each CUSD trustee must reside in one of seven designated Trustee Areas within the school district, they are elected at large. This has had the effect of insulating incumbents from challengers who must run expensive, district-wide campaigns. In some instances, challengers have beaten incumbents in their own Trustee Areas, only to be defeated district-wide.