Express Advocacy

Columnist questions why SJC city council unanimously endorsed the CUSD board during recall

Dan Endsley
Dan Endsley, The Capistrano Dispatch “I was so disarmed by his [Mayor Sam Allevato's] friendliness that I forgot to ask the one probing question that I really wanted to ask. That is, ‘why did our City Council unanimously endorse the CUSD school board during the recall effort when no other city in the district felt the need to speak officially either pro or con?’ I’d better underline that question in my notes for the next time I meet with him.” Endsley is a San Juan Capistrano resident and business owner and a columnist for The Capistrano Dispatch.

Smollar chides Erin Kutnick for ignoring the district's illegal hiring of Mike Eggers as a political consultant

David Smollar, The Capistrano Dispatch "Or maybe Kutnick might want to ask Fleming and Draper about their lies to Dispatch editor Jonathan Volzke in fall 2005 when he had clear evidence that Mike Eggers, a longtime Draper friend and the paid political gun for the trustees, was writing Fleming’s monthly column for the community newspapers. They said it was just a “favor” by Eggers. Hah! The truth is that Draper had forced Fleming to give Eggers final say over both his weekly electronic newsletter and his monthly column. Fleming only exploded over this unusual yoke and forced Draper to back off when Eggers got too big for his britches and approached deputy superintendents Crawford, Dave Doomey and Marge LaRoe, behind Fleming’s back, saying that Draper wanted them to work with Eggers on a strategic plan for the district. Unfortunately for Eggers, Crawford and Doomey went to Fleming, who said he then had a “Come to Jesus” meeting with Draper and forced her to scale back Egger’s interference in district operations." Kutnick is a columnist for The Capistrano Dispatch. Smollar is the former Director of Communications at Capistrano Unified School District.

Smollar educates Erin Kutnick on fact that Fleming conceived and controlled CUSD's Media Watch

David Smollar, The Capistrano Dispatch "Regarding the district’s Media Watch, Kutnick should do a little reporting and find out that Media Watch was the brainchild of Fleming, who directed and approved every listing. Or has Kutnick forgotten that Fleming prepared, before I ever worked in CUSD, a breathless 100-page rebuttal to articles written by OC Register reporter Keith Sharon on overcrowding at Capistrano Valley High, and made the rebuttal an agenda item at a board meeting!! Fleming needed no lessons from me on how to battle with the media. I actually improved the relationship between the Register and the district over time, no small feat." Kutnick is a columnist for The Capistrano Dispatch. Smollar is the former Director of Communications at Capistrano Unified School District.

CUSD likely engaged in illegal express advocacy in preparation of enemies lists

ocregister
Editorial, The Orange County Register "School districts are not allowed to engage in politics on public time. What else can such a list be considered if not political behavior? The Register reported that many of the documents about the recall were printed on district stationary, which seems to confirm that public resources were used."

Carolyn Williams conduct - Illegal? Probably not. Unethical? Absolutely.

ocregister
Editorial, The Orange County Register “Illegal? Probably not. Unethical? Absolutely. Taxpayers don’t stand a chance against these orchestrated, taxpayer-funded campaigns to gain more taxpayers’ money. Tougher restrictions could offer some balance, although it’s doubtful that any rule could not be circumvented.”

If Williams acted only as a citizen, she shouldn't have used her position to persuade others

ocregister
Editorial, The Orange County Register “Although Ms. Williams told the Register that the call was made on her own time and that no district resources were used to acquire the phone list (the effort was paid for by a private anti-recall group), she did identify herself as the principal of the school. This is no doubt legal, and Ms. Williams does not forfeit her free-speech rights by being principal, but she did start the call: “This is Carolyn Williams, principal at Dana Hills High ...” If she were operating as a citizen, as she claims, she should not have used her position to try to persuade others as she campaigns for a particular position. Many corporate ethics policies, for instance, would limit politicking in areas that could pose a conflict of interest. School officials should be bound by certain limits, especially since we’re dealing with public dollars rather than private ones.”

Using public money for politicking is illegal, but agencies like CUSD routinely and unethically push the envelope

ocregister
Editorial, The Orange County Register “California outlaws the use of taxpayers’ dollars for political messages, but officials at schools and other agencies routinely push the envelope on their politicking. For instance, when school districts propose bond measures or parcel taxes, they send parents “informational” pieces that are thinly veiled attempts to garner political support for the new taxes. Those letters and mailers don’t urge a “yes” vote directly, but they make the case for the measure, arguing about school disrepair and funding shortages. Balance is never provided.”

DHHS Principal Carolyn Williams' use of school title for politicking inappropriate and sleezy

ocregister
Editorial, The Orange County Register "There is something inappropriate, even sleazy, about government agencies and those who work for government agencies using their posts to lobby for more government dollars. We’re seeing the latest in this legal but unethical practice as Dana Hills High principal Carolyn Williams sent a recorded message to voters arguing against a recall of the Capistrano Unified School District Board of Trustees. The board supports the current school administration, and it’s no secret that officials fear a change of power."

Grand Jury condemns CUSD's attempts to cover up express advocacy under the guise of "informational" activity

1990-1991 Orange County Grand Jury, Examination of CUSD Mello-Roos Election “In the opinion of the Grand Jury, it would appear that the District is far from inexperienced in conducting political campaigns and, in fact, the District’s behavior in this case shows a carefully planned and often secretive effort to push the law to the limit. Moreover, the District did not willingly file its reports when notified of the obligation. It did so under protest. Finally, the fact that the District attempted to conceal its advocacy under the guise of “informational” activity, evidences a more sophisticated approach than just an innocent mistake.”

CUSD failed to report political expenditures, CFPPC will consider this precedent in future violations

John G. McLean, Letter to Connie Ferris Johnson, Deputy District Attorney “While we have decided not to take formal enforcement action, we have advised the Districts of their obligations, and have advised them that this matter will be considered when evaluating future alleged violations of the Act.” On behalf of the California Fair Political Practices Commission, McLean concludes that Placentia Unified School District, Yorba Linda School District and CUSD violated the California law requiring disclosure of political expenditures. McLean is counsel for the Enforcement Division of the CFPPC.