Public Records
Quotes By Catagory

Auditor says CUSD's non-responsiveness worst ever seen

Mar 24, 2007
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Patricia Kelly, The Orange County Register "I asked how many (agencies) he has had this kind of problem with, where it's so difficult to get this information, and he said none." Kelly, asked Joe Aguilar, a CPA with the firm of Vavrinek Trine Day & Co., LLP (VTD), about CUSD’s delays and unresponsiveness to VTD’s records requests. VTD, the auditing firm retained by the City of Mission Viejo to audit CUSD’s use of Measure A, Mello-Roos and Tax Sharing Agreement funds from the City of Mission Viejo, audits nearly 300 agencies annually. Kelly is a Mission Viejo City Councilmember.

CUSD has hindered auditor's ability to follow paper trail

Mar 19, 2007
Irwin Bornstein, Agenda Report re Status Report on CUSD Audit “A field inspection of records would have allowed VTD to thoroughly inspect records, ask questions, and dig deeper. Having to go through the Public Records Act to request information has truly hindered VTD’s ability to follow a paper trail.” Bornstein is Assistant City Manager and Director of Administrative Services for the City of Mission Viejo.

CUSD uses delays and Public Records Act to obstruct audit

Mar 19, 2007
Irwin Bornstein, Agenda Report re Status Report on CUSD Audit “On June 26th, we were advised by VTD that CUSD had delayed field work until August. In August, the school district advised VTD that they must use the Public Records Act process to request information and they would not be allowed to conduct a standard audit of records on site.” Bornstein is Assistant City Manager and Director of Administrative Services for the City of Mission Viejo.

Auditor advises city to demand that CUSD cooperate or be reported to authorities

Mar 05, 2007
Joe Aguilar, Letter to City of Mission Viejo re Status Report on CUSD Engagement “The City should formally request that the District provide annual reports of CFD monies for the past four years, as required by State law, within the next 30 days. If the District is unresponsive, the City should inform the State Controller and State Attorney General of the District’s failure to make such reports available to the public.” Aguilar is with the firm of Vavrinek Trine Day & Co., LLP, the CPAs retained by the City of Mission Viejo to audit CUSD’s use of Measure, Mello-Roos and Tax Sharing Agreement funds from the City of Mission Viejo.

Legal expert says Fleming should be held accountable for staff's wrongful actions and omissions

Jul 20, 2006
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Terry Francke, The Orange County Register “It should disqualify him [Fleming] from further public office. Period. Public officials have a specific duty to truth, an obligation to act candidly and honestly.”

Terry Francke, chief lawyer for Californians Aware, a public watchdog group, said that Fleming should be held accountable for any lies told by his administrators with his blessings. Francke, an expert in the state’s public records law, commented that, although there is no penalty under California public records law for giving false information to the media, government officials like Fleming should be held accountable for their wrongful actions or omissions.

CUSD concealment of records likely violated Public Records Act

Jan 11, 2006
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Editorial, The Orange County Register "Furthermore, former chief of communications David Smollar “said he saw copies of the spreadsheets stored in the office of Superintendent James Fleming, who he says directed him to keep them secret last spring despite a public records request by recall supporters,” reported the Register. Mr. Fleming denies such behavior, but this is a serious allegation given that the California Public Records Act would require the release of such documents."