Waldrip Investigation
Quotes By Catagory

Waldrip finds lists and employment arrangements inappropriate

Mar 07, 2007
Sam Miller, The Orange County Register “A January report by retired judge Stuart Waldrip ... said a variety of actions by staff members were inappropriate or gave the appearance of impropriety. Those included two lists of recall leaders Fleming kept and district staff members' relatives' employment for a contractor doing business with Capistrano Unified.” Miller is the South Orange County education reporter for the Orange County Register.

Enemies list victim says Fleming's actions not in good faith

Mar 07, 2007
Kim Kefner, The Orange County Register "I don't think anyone here can seriously argue that Fleming's actions were in good faith." Lefner learned from the Waldrip report that Superintendent James Fleming kept her name and her children's names after her involment in the CUSD Recall campaign.

Waldrip report sustained recall allegations

Mar 05, 2007
Jonathan Volzke, The Capistrano Dispatch “... none of the trustees have commented on the report, which essentially sustained allegations made during a failed recall attempt, but said nothing violated the law.” Volzke is the publisher of The Capistrano Dispatch.

Waldrip report cost $30,000, finds trustee and Fleming actions "imprudent" and "ill-advised"

Feb 23, 2007
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Jonathan Volzke, The Capistrano Dispatch "Trustees received retired Judge Stuart Waldrip’s report in January but have not commented on it. They paid Waldrip $400 an hour to compile the report, for a total of about $30,000. The report called several acts by trustees or Fleming “imprudent” or “ill-advised” but decided no laws were broken." Volzke is the publisher of the Capistrano Dispatch.

Waldrip confirms two lists linking childrens names to activists

Feb 10, 2007
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Jonathan Volzke, The Capistrano Dispatch "The board received the report a month ago, but didn't comment on it then. The public didn't have a chance then, either, but emotions soared again after learning the district compiled two lists linking the names of political activists with information about their children. The second list was created after district officials and trustees vehemently denied the existence of even the first." Vozke comments on the lack of any district response to the published report from the special investigator hired to look into allegations of wrongdoing by former Superintendent James Fleming. Volzke is the publisher of The Capistrano Dispatch.

Waldrip report revealed two enemies lists

Jan 11, 2007
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Jonathan Volzke, The Capistrano Dispatch "We learned there wasn’t just one list that coupled the names of parents active in the recall with information about their children, but two – the second even compiled after the recall attempt officially failed." Volzke is the publisher of the Capistrano Dispatch.

Waldrip report revealed nepotism and conflicts of interest

Jan 11, 2007
Jonathan Volzke
Jonathan Volzke, The Capistrano Dispatch "We learned that not only did former Superintendent Jim Fleming’s son get a job with the district’s contract plumber, but so did relatives of other employees – including that of the district employee who supervised the contracts at times. And we learned that former Board President Marlene Draper now recognizes it is “ill-advised” to vote on district contracts with Culbertson-Adams, because her daughter is an executive there. That concern, by the way, surfaced in 2002." Volzke is the publisher of the Capistrano Dispatch.

Waldrip leaves the biggest question unanswered: Were the wrongful actions abrrations or business as usual?

Jan 11, 2007
Jonathan Volzke
Jonathan Volzke, The Capistrano Dispatch "The biggest question is unanswered: Are these actions aberrations or business as usual? Did Jim Fleming, who ran the district for 15 years before retiring last year, routinely compile lists of those most critical of the district and then link those parents with the names of their children, their schools, their teachers, even their home addresses? Was this a bad decision in the heat of a recall battle, or something more along the lines of Nixon’s infamous plumbers? Given that the lists were created more than a year apart, it’s a fair question ... if all of this happened in 2005 and 2006 for the failed recall, isn’t it reasonable to wonder what happened in 2002, during the frenzy of the Whispering Hills/San Juan Hills High battle?" Volzke is the publisher of the Capistrano Dispatch.

Waldrip conspicuously overlooks evidence of Fleming trustees' knowledge of, or involvement in wrongdoings

Jan 11, 2007
Jonathan Volzke
Jonathan Volzke, The Capistrano Dispatch "The report’s also silent about what the Trustees knew about these lists, and when. Waldrip notes Fleming sent a report on recall proponents’ efforts to trustees early in the campaign, an April 2005 memo stamped “CONFIDENTIAL.” In Fleming’s words, a “mole” had approached the district’s security officer. The memo outlines key players in the recall effort, including four San Juan residents, referring to them as NIMBYs ... That was about the same time the first list was generated, and should have been enough warning for Trustees to tell their superintendent to focus on running the school district and let them worry about the politics. Waldrip didn’t ask Trustees whether they thought the memo was appropriate – the only trustee he even interviewed was Draper, about her daughter’s work with Culbertson Adams." Volzke is the publisher of the Capistrano Dispatch.

Fleming trustees have remained tight-lipped, in denial and pointing fingers at others - it's time to take responsibility

Jan 11, 2007
Jonathan Volzke
Jonathan Volzke, The Capistrano Dispatch "There’s been too much silence on behalf of our elected officials over the past year. And when they did speak, it was denials a single list even existed, much less two and attempts to push the responsibility of the problems onto recall supporters, the media, the whistleblower who made it public, everyone but those elected to be responsible. That raises the most important question: What will the four veteran trustees do to apologize, to rebuild that trust?" Volzke is the publisher of the Capistrano Dispatch.

Fleming trustees owe the public more than to sit back and let time heal wounds

Jan 11, 2007
Jonathan Volzke
Jonathan Volzke, The Capistrano Dispatch "Waldrip points out Fleming is already gone. Other changes have been made. Those facts, alone, he suggests, help. But trustees shouldn’t take any comfort in that: the public deserves more than for them to sit back and let time heal the wounds. This process can’t be passive on their part." Volzke is the publisher of the Capistrano Dispatch.

PTA leader calls Waldrip investigation a "taxpayer funded cover-up"

Jan 11, 2007
Barbara Casserly, The Capistrano Dispatch "This “independent” investigation was conducted by the law firm that defends the district. The firm retained retired Judge Waldrip who spent five months on a report that contains important documents and but draws weak conclusions. This was not an impartial investigation because Judge Waldrip once worked for that firm. CUSD must stop hiding behind lawyers and using scarce funds for outrageous legal fees and taxpayer funded cover-up investigations." Casserly is a Mission Viejo resident and PTA leader.

Waldrip confirms students names were used even after recall campaign over

Jan 11, 2007
Jonathan Volzke
Jonathan Volzke, The Capistrano Dispatch "... the release this week of an independent investigation commissioned by the district disclosed for the first time that names from the recall petitions were also matched with student information – even after the recall was over.” Parents long ago knew of a reported “hit list” that combined information about recall proponents with information about their students’ school and teachers, and also knew that district employees improperly combined through petitions submitted to the Registrar of Voters after the recall failed. Now they also know that Capistrano Unified district officials matched the names of recall proponents with information about their students even after the recall had failed, and this has prompted a renewed sense of outrage among critics of the district’s leadership. Volzke is the publisher of The Capistrano Dispatch.

Waldrip finds second enemies list more troubling than first

Jan 11, 2007
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Stuart Waldrip, The Capistrano Dispatch “I find the ‘second list’ to be more troubling than the first ... One must ask why, if the mission was to learn how the process works in the Registrar’s office, the District came back with detailed information on the petition-gatherers and then converted that information to spread sheets organized by the degree of activity in gathering signatures with detailed information about not only the parents but also the students, their grade level, school and home address and phone information – or for that matter, any of the information from the petitions at all.” Retired Orange County Superior Court Judge Stuart Waldrip made these findings about the infamous CUSD “enemies” lists in his 13-page investigation report to the CUSD Board of Education.

Enemies list victim offended by evidence that Fleming involved children

Jan 11, 2007
Kim Lefner, The Capistrano Dispatch “In my opinion, the existence of the second “enemies” list outlined in Judge Waldrip’s report proves what district officials have denied for so long; that Fleming did indeed involve our children.” Capistrano resident Kim Lefner’s name was on the second "enemies" list. So was her husband’s, their child’s, the school he attends, the grade he was in, their home address and their phone number.

Enemies list victim angered that Fleming targeted children and used district resources to do so

Jan 11, 2007
Kim Lefner, The Capistrano Dispatch “The idea that a Superintendent, whose responsibility it is to protect children, would instead target them, is completely unacceptable. For him to have used district time and resources to do so makes it even worse.” Capistrano resident Kim Lefner’s name was on the second list. So was her husband’s, their child’s, the school he attends, the grade he was in, their home address and their phone number.

First hit list was generated from information in email by recall leader

Jan 11, 2007
Jonathan Volzke
Jonathan Volzke, The Capistrano Dispatch “The first “hit list” was generated in Spring 2005 after district officials sought to see if email addresses in an email blast sent by recall leader Kevin Murphy were improperly garnered from a district computer. Then Superintendent James Fleming initially denied the list existed, then explained it to the board. The district in 2006 determined its records were uncompromised. Fleming denied it was a list to track political enemies, as recall proponents allege.” Volzke is the publisher of The Capistrano Dispatch.

Fleming's explanation for first list implausible; Waldrip finds information too extensive

Jan 11, 2007
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Stuart Waldrip, The Capistrano Dispatch “... the spreadsheets contain much more information regarding the addresses than would be necessary to investigate the source of the address data.” Retired Orange County Superior Court Judge Stuart Waldrip writes about the infamous CUSD “enemies” lists in his 13-page report to the CUSD Board of Education.

Former recall leader offended Fleming's enemies lists targeted kids

Jan 11, 2007
Kevin Murphy
Kevin Murphy, The Capistrano Dispatch “I always thought those lists were about me, my actions. Whatever I say or do, I stand behind, come after me. I could care less. But you’re going to drag my kids into it? I can’t believe there’s a human being on the planet that would see kids’ names on a list and not be completely offended.” Former recall leader Kevin Murphy refers to the lists prepared by the district from an email he inadvertently sent to CUSD, containing the names and email addresses of recall leaders and volunteers.

Fleming used a "mole" to spy on recall leaders in private home

Jan 11, 2007
Jonathan Volzke
Jonathan Volzke, The Capistrano Dispatch “Fleming also took advantage of a “mole” in the recall effort, and passed information about the recall effort on to board members.” Volzke is the publisher of The Capistrano Dispatch.

Waldrip report confirms nearly all recall allegations

Jan 11, 2007
Jonathan Volzke
Jonathan Volzke, The Capistrano Dispatch “The report confirms nearly all of the allegations made during last year’s recall battle, but Waldrip also acknowledges he tried to avoid duplicating the work of district attorney’s office investigators looking into the district, as well as public-meeting-law violations alleged in a civil lawsuit against the district.” Volzke is the publisher of The Capistrano Dispatch.

Waldrip interviewed 32 people including Fleming, but only one trustee - Marlene Draper

Jan 11, 2007
Jonathan Volzke
Jonathan Volzke, The Capistrano Dispatch “The investigation, initiated in August 2006, involved 49 interviews with 32 people. Some people declined to talk with him, Waldrip says in the report, but he does not identify them. He did interview former Superintendent James Fleming and Trustee Marlene Draper – the only elected school board official he talked to.” Volzke is the publisher of The Capistrano Dispatch.

Recall leader reacts to Waldrip report

Jan 09, 2007
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Tom Russell, The Los Angeles Times "The reality is there was clearly, clearly a scheme of activities which were unethical and probably illegal." Russell, a recall backer who helped bring many allegations to light, dismissed the Waldrip report as tainted, noting that Waldrip once worked for the same law firm as the district's longtime counsel.

Trustee Stiff wants to move on without demanding accountability

Jan 09, 2007
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Duane Stiff, The Los Angeles Times "We just have to get all this behind us." Hopeful, but unrealistic words by Trustee Stiff, who shows no concern for truly getting "all this behind us" by holding Fleming and other staff accountable for the patent offenses they committed.

Trustee Benecke spins Waldrip report as a "tool to refocus," avoids any discussion of responsibility or accountability

Jan 09, 2007
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Sheila Benecke, The Orange County Register and The Los Angeles Times "The Board looks forward to utilizing this report as a tool to refocus our full attention on the mission of educating students." Rather than using the report to identify wrongdoing and demand accountability, Benecke ignores the report's obvious limitations and deficiencies, and clears up the real purpose for the Waldrip report -- a "tool to refocus," or, in other words, a broad brush to cover up wrongdoing, avoid discussion of specific offenses or blame and move on without accountability.

Waldrip not impartial, but facts have vindicated Smollar and proven Fleming a liar

Jan 09, 2007
David Smollar, The Orange County Register "I don't believe Waldrip has proven himself to be an impartial judge. Everything I've said in any context has been proven factual. Most, if not all the things, Fleming said in denial have been proven false." Whistleblower and former CUSD Communications Director Smollar's initial reaction to the Waldrip investigation report.

Recall leader doubts Waldrip's impartiality due to association with CUSD counsel

Jan 09, 2007
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Tom Russell, The Orange County Register "Whatever Judge Waldrip comes up with, there will always be a shadow of doubt that he did a complete and thorough job." Comments to reporter Sam Miller by Tom Russell, spokesman for CUSD Recall Committee, prior to the release of the Waldrip investigation report.

Scope of Waldrip investigation limited, many other issues remain

Jan 09, 2007
Seema Mehta, The Los Angeles Times “Waldrip's investigation was limited in scope and largely centered on the "enemies list," the employment of district leaders' relatives by district contractors and whether employees destroyed or removed documents.” Mehta is a reporter for The Los Angeles Times.

Fleming ordered creation of both lists, both included children

Jan 09, 2007
Seema Mehta, The Los Angeles Times “According to the [Waldrip] report, Fleming actually ordered the creation of two lists: one with the names of people who received e-mails from recall supporters and a second with the names of those who gathered signatures supporting the recall. Both included personal information such as the schools attended by the children of recall supporters.” Mehta is a reporter for The Los Angeles Times.

Former district spokesperson questions Waldrip's impartiality

Jan 05, 2007
David Smollar, The Orange County Register "Smollar said a representative for Waldrip tried to set up an interview, but he declined, saying he questioned the impartiality of a district-hired investigator." Based on years of first-hand experience spinning messages on behalf of CUSD at the direction of former Superintendent Fleming and the Trustees, Smollar had good cause to question Waldrip's impartiality.

Draper supiciously confident about outcome of Waldrip investigation

Jan 05, 2007
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Marlene Draper, The Orange County Register "The most important factor is to make sure someone independent is looking at the entire situation ... Hopefully Judge Waldrip will come forward with some recommendations of how we can tighten this up and make this an even better district. I feel very comfortable that whatever comes out will benefit the district." Gee, Marlene, any chance you heard about Waldrip's wishy-washy report before hand? Waldrip failed the "independence" test from the start, and though the report strained to make excuses for virtually everyone at CUSD, it's scope was actually limited to very few real issues. And how about those recommendations -- very little bark and absolutely no bite. The report clearly shows that no blame or accountability for you, your colleagues or staff were ever intended. No wonder you're comfortable.

Waldrip hired at $400 per hour to investigate specific issues

Jan 05, 2007
Sam Miller, The Orange County Register "Former Orange County Judge Stuart Waldrip was hired last summer at $400 per hour to look into claims that the district had kept a list of political opponents, violated the Brown Act with closed-session meetings, and sent district staff to the Registrar of Voters to examine confidential recall petitions." Miller is the South Orange County education reporter for The Orange County Register.

Conflicts prevent independent investigation of Fleming by Trustees

Jul 11, 2006
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Editorial, The Orange County Register "Clearly, these board members don’t grasp the seriousness of what happened here. Given that it’s their own political hides they are trying to save in stopping the recall, they cannot fairly be expected to look into allegations of misbehavior by their supporters in the district staff." The Orange County Register hits the nail on the head by exposing the obvious conflict of interest that ultimately led to the less-than-independent Waldrip investigation.