Disgraced Marlene Draper spouted utter contempt for the voters she represented

Sep 09, 2008 Filed in: Culture of Corruption

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."

Dangerous pipeline at SJHHS? District spokeswoman sets stage for more CUSD finger-pointing, cites report “approved” by CDE

Apr 18, 2008 Filed in: San Juan Hills HS

Beverly De Nicola, The Capistrano Dispatch "We have a report that was approved by the California Department of Education. We want to see what it says, see if it's accurate and see if there's concerns. Then we can see how we can proceed."

Ignoring the fact that any “approval” by the CDE was based on information provided by CUSD (as lead agency) through its staff (like Dave Doomey) and its consultants (like Culbertson Adams), De Nicola sets the stage for the district to deny responsibility and point its finger at the state. De Nicola is spokeswoman for CUSD.

Darnold follows Draper's example, telling outright lies to cover up the disgusting truth about the decrepit facilities at CUSD

Mar 10, 2008 Filed in: Recall Campaign 2007

Mike Darnold, CUSD Board Meeting "…the recall people and their employees were in front of the markets showing photos that were ten years old, taken of the portables that don’t exist and a toilet that was repaired back in 1994."

This statement by Trustee Mike Darnold is an outright lie. The pictures of decrepit portables were taken by recall volunteers after the recall campaign began. Because the old guard trustees had allowed CUSD classroom facilities to fall into such disrepair for so many years, such photo opportunities were readily available throughout the district at that time. Only after recall proponents embarrassed Superintendent Fleming and the old guard trustees by revealing the disgusting conditions they had caused by years of neglect, did the district begin making some improvements, many of which were, and remain, only cosmetic. Read More...

Darnold blames and attacks the press, proving once more that he doesn't have a clue

Mar 10, 2008 Filed in: Recall Campaign 2007

Mike Darnold, CUSD Board Meeting "I think it is a very sad…sad state of affairs when a handful of very strong-minded and self-serving people is empowered to destroy the reputation of an extraordinary school district. This is only made possible because we have allowed them to manipulate and deceive the public’s opinion with the full support of the local press, to present a lopsided and distorted view of our school district…If you only hear what you are being fed by the Register and other local papers, and at special meetings, you’re not getting the whole story, and you’re not getting the truth about CUSD."

Darnold read this statement from a prepared speech he read from the dais at the March 10, 2008 CUSD board meeting. Darnold is one of the Fleming-era CUSD trustees.

Darnold blames and attacks the ABC reform trustees, completely ignoring the problems created by the old guard

Mar 10, 2008 Filed in: Recall Campaign 2007

Mike Darnold, CUSD Board Meeting "Until this board was joined by the ABC reform candidates, we had a committed governing body that worked closely with all the administration of CUSD -- the teachers, the staff and the students and the parents -- to ensure quality education. Since the new board members have come on board and joined us, we no longer have continuity and progress. Instead, we have confusion and diversion."

Darnold read this statement from a prepared speech he read from the dais at the March 10, 2008 CUSD board meeting. Darnold is one of the Fleming-era CUSD trustees.

Darnold tries to frame the issues and direct the press, but misstates every reform goal due to his ignorance of real reform issues and his complete denial of the real problems at CUSD

Mar 10, 2008 Filed in: Recall Campaign 2007

Mike Darnold, CUSD Board Meeting "Why are they trying to destroy us? That is the question the press should be asking. Why do they want to place people in board positions that have no knowledge or interest in public education. What is their agenda? I challenge the press to do some real journalism and find out who these people are, why they want our district to be destroyed, why do they want to…why do they want us to tear down San Juan Hills High School and sell the district office, sending our kids to overcrowded schools and our administrators and staff back to cramped, rented portables. Doesn’t anyone get this?"

Darnold read this statement from a prepared speech he read from the dais at the March 10, 2008 CUSD board meeting. Darnold is one of the Fleming-era CUSD trustees.

RSM councilmember says responsibility for money or effort wasted on recall election falls on the Fleming trustees.

Mar 10, 2008 Filed in: Recall Campaign 2007

Tony Beall, The Capistrano Dispatch "It’s a moot point now. That was an issue before we turned in signatures. We gave those trustees every opportunity to resign and they chose not to, that’s a question for them. Removing trustees Draper and Benecke will save the district millions of dollars. They are wasting millions of dollars at virtually every board meeting.”

Beall is a Rancho Santa Margarita councilmember and a member of the CUSD Recall Committee.

DA concludes old guard did violate Brown Act...again; District spokeswoman Beverly De Nicola’s spin about the “perception” of a Brown Act violation was wrong

Feb 28, 2008 Filed in: Open Meetings

Dan Hess, Letter to South OC Elected Officials "It appears that the CUSD Trustees who voted for these additional projects did violate the Brown Act by failing to adequately describe – on the agenda – items to be discussed in open session…since each project had been planned and discussed separately, and since all of the projects are controversial, each one should have been individually noticed on the agenda."

The DA's conclusion shows that CUSD attorney Ron Wenkart's "analysis" was wrong again, as alleged by reform advocates. Wenkart presented the sleazy, flawed analysis, and De Nicola announced it as cover for the Fleming-era trustees who had been warned about the the violation before their Dec 10 vote. Without Wenkart's "opinion" to coverup their intent to violate the law and their October 2007 agreement with DA, Trustees Benecke, Draper, Darnold and Stiff could (and should) have been prosecuted as criminals. Hess is Senior Deputy District Attorney for the Special Prosecution Unit of the Office of the Orange County District Attorney.

Teacher's union leader blames governor for ALL of CUSD's financial woes, ignores Fleming-era trustees role in crisis

Feb 14, 2008 Filed in: Budget

Vicki Soderberg, The Capistrano Dispatch “We have no one to blame but the governor of California. To ask teachers and children to bear the burden of their mismanagement up there in Sacramento is immoral.”

That's great, Vicki. Fleming would be proud. We certainly wouldn't want to tell the whole story and risk ruffling the feathers of the Fleming-era trustees who were responsible for the majority of CUSD's financial crisis (years of deficit spending). Better to point fingers at a common foe and suck up to the lame ducks who just might hold the line on those non-classroom cuts a little longer before they get booted from office for years of neglect and mismanagement. Soderberg is president of the Capistrano Unified Education Association.

CUSD spokeswoman admits district was in financial crisis BEFORE state cutbacks

Jan 23, 2008 Filed in: Budget

Beverly de Nicola, Los Angeles Times "The district made $13 million in cuts this year, and $7.5 million of next year's cuts were planned before the governor announced billions of dollars in cuts to public schools earlier this month."

Due to years of mismanagement and deficit spending by the Fleming regime, CUSD already faced a financial crisis before the recent state cutbacks were announced. This is the inconvenient truth the senior trustees and staff will attempt to cover up by pointing their dishonest fingers at the state. The Fleming trustees and staff are responsible for the draconian cuts already planned due to the pre-existing financial disaster they created. Now, due to years incompetence, they have assured that the impact of the state cutbacks will be even worse for CUSD than many other, more responsible districts. De Nicola is spokeswoman for CUSD.

Talega parent calls ABC committee members' experience "tragic" and "an injustice"; process criticized as unproductive and mismanaged by district

Jan 08, 2008 Filed in: Attendance Boundaries

Jessica Blischke, Sun Post News “It came down to the fact that these poor people had to sit there for hours and listen to these irate citizens. It was tragic to realize this poor committee did not want to be there. It was truly an injustice, not only to the people who had to sit on the committee, but to everyone who sat there until the bitter end.”

The committee is down to 17 members (from 24) , and the members who resigned said the process was unproductive and being poorly managed by the district. Former committee members say they are frustrated by the way their hands are tied. Given the district’s framework and deadline for finding a solution, there is no way to make a recommendation without upsetting parents, they say. Committee members and parents reported that the contentious six-hour meeting dissolved into personal attacks, name-calling and a lack of order, with one father refusing to yield the podium after his three-minute maximum time and one committee member quitting on the spot. Blischke, 34, of Talega, has a 3-year-old who would be affected by a boundary change.

Former ABC committee member exposes flawed boundary assessment process and district's failure to take responsibility

Jan 06, 2008 Filed in: Attendance Boundaries

Ron Frantz, The Orange County Register, "The whole process is flawed. The school district doesn't take responsibility. When the heat comes, they put parents in front to deflect the heat of something that is truly their responsibility."

Like the parent-on-parent brawl set up by Marlene Draper and her Fleming-era trustee colleagues on December 6th over the SJHHS stadium bid issue, the trustees and their administration once again avoid responsibility by placing inexperienced parents in untenable positions, pitting parent against parent, while staying out of the line of fire. Frantz, 50, is a parent and former Attendance Boundary Committee member and parent of Mission Viejo, who resigned from the committee during last month's public hearing.

Capistrano Dispatch editor agrees that CUSD should address essential, safety and classroom needs before pools and stadiums

Nov 19, 2007 Filed in: Facilities Equity

Jonathan Volzke, The Capistrano Dispatch "Old portables, too few bathrooms, toilets that don’t work properly. Capistrano Unified, fix your plumbing before you move on to your yard. I’ve been impressed with interim Superintendent Carter Woodrow thus far and agree with his philosophy of planning the plan, then executing the plan. Well, when you look to the district for a comprehensive facilities construction and maintenance plan, it’s still being formulated. That plan needs to be in place before more dollars are spent on non-essential, non-safety, non-classroom items."

Volzke is the editor of the The Capistrano Dispatch.

Trustee Stiff and the ABC Trustees put SJHHS stadium on hold pending outcome of district-wide facilities needs assessment

Nov 07, 2007 Filed in: Facilities Equity

Duane Stiff, The Orange County Register “I’m in favor of finishing San Juan Hills. But we’ve got so many needs that we could fill a book. We’ve got 50-year-old schools that aren’t getting their fair share.”

CUSD school board member Duane Stiff moved to table a staff recommendation to put a proposed football stadium at San Juan Hills High School out for contractor bids. The ABC Reform Trustees joined Stiff and passed the motion 4-3.

CUSD parent joins district-wide outcry: before building a new stadium, fix broken schools

Nov 07, 2007 Filed in: Facilities Equity

Julie Collier, The Orange County Register “It’s disappointing that they’re even considering the stadium. They need to take care of broken schools first and focus on education, especially at the lower levels. As kids get older, they could be at greater risk.”

Collier is a CUSD parent and resident of Mission Viejo who spoke on behalf of Parents Advocate League at the November 5, 2007 CUSD board meeting. Click here to read her speech.

District sycophant Kutnick tows party line for Benecke and Draper by ignoring facilities equity and hypocritically accusing others of politically exploiting children

Nov 07, 2007 Filed in: Facilities Equity

Erin Kutnick, The Orange County Register “I’m shocked and horrified that a board of trustees would not vote to finish a school that has been in the planning stages and approved for five years. It was about political agendas, and children were the pawns.”

Kutnick made these remarks after the November 5, 2007 CUSD board meeting where she spoke as an advocate of a new stadium for San Juan Hills High School. Kutnick is a long-time advocate of the old guard Fleming trustees and an outspoken opponent of reform at CUSD. Kutnick's statements were hypocritical since it was her anti-masterplan-pro-stadium-spending crowd who flagrantly used their own children as political pawns that night. By contrast, not one of her opponents objected to the stadium (they just wanted to fix broken schools first), and not one of them brought their children to the meeting as political pawns to put emotional pressure on the trustees.

When the meeting was over, Kutnick approached the dais to publicly deride Trustee Stiff (who had made the motion to table the item) and then, in a tantrum, she stepped outside the room where she loudly criticized her opponents, using profanity within earshot of SJHHS children who had attended the meeting that night. Nice touch, Erin! Kutnick has children who attend San Juan Hills High School and Capistrano Valley High School.

OC Register joins chorus of elected leaders, Republican Central Committee members and reform advocates and call for Fleming-era trustees to resign

Oct 29, 2007 Filed in: Open Meetings

Editorial, The Orange County Register "Supporters of the recall have called on the four original board members to resign – a call echoed by the Orange County Republican Party Central Committee. New recall efforts are under way to remove two of the four members. Those four – Marlene M. Draper, Sheila J. Benecke, Duane E. Stiff and Mike Darnold – could make a second wise decision. They should resign and spare the county’s largest school district continued division."

OC Register: Fleming-era trustees' open meetings law violations were serious and chronic

Oct 29, 2007 Filed in: Open Meetings

Editorial, The Orange County Register "The Capo board wasn’t caught simply making some innocuous errors. It engaged in a long-running pattern to conceal information from the public. That board was known as a rubber-stamp for the imperious former superintendent, James Fleming, who resigned and is now under indictment on charges related to his creation of an enemies list of parents who backed a recall of his board allies."

Appellate court hears recall proponents' arguments, cites election code and takes case under submission

Oct 24, 2007 Filed in: Registrar of Voters

Eileen Moore, The Orange County Register “Each signer shall at the time of signing the petition or paper personally affix his or her signature, printed name, and place of residence …” said Justice Eileen Moore of the 4th District Court of Appeal, quoting California election law. “How else do you expect us to interpret those words?”

Appellants' counsel, Mark Rosen, argued that the disqualified petitions, which he said cost the parents the recall election, violated the spirit of the law.

OC Register's Mickadeit explains the "flagrant, obnoxious" and "corrupt" nature of the Fleming trustees' Brown Act violations

Oct 22, 2007 Filed in: Open Meetings

Frank Mickadeit, The Orange County Register "D.A. investigators targeted meetings at which the board met in closed session to discuss a variety of topics that went beyond the narrow exceptions under which agencies can meet in private. It was flagrant, obnoxious and the very essence of what Lord Acton was talking about when he said, 'absolute power corrupts absolutely.' Not only were the most routine of district matters (“head lice”) put on agendas to be discussed in private, but also the weightiest, such as the $38 million district headquarters the board was building itself while pupils were attending overcrowded, deteriorating campuses.”

Mickadeit is a columnist for The Orange County Register.

OC Register's Mickadeit reveals slimey way Fleming trustees avoided a well-deserved criminal prosecution

Oct 22, 2007 Filed in: Open Meetings

Frank Mickadeit, The Orange County Register "Prosecutor Bill Feccia concluded this and many other items discussed were not within the law. But because the board can hide behind an attorney – one who wasn’t even there to provide Brown Act advice in the first place – and because Fleming told the board he’d run the agenda items by a second attorney (which the other attorney doesn’t recall), the D.A. would have a hard time proving the board had both the knowledge and intent to violate the Brown Act. Therefore a civil, not criminal, complaint."

Mickadeit is a columnist for The Orange County Register.

OC Register columnist emphasizes absurdity of trustee Draper's defense to repeated Brown Act violations

Oct 22, 2007 Filed in: Open Meetings

Frank Mickadeit, The Orange County Register "The catch-all Brown Act exception the board used to justify all manner of secrecy was 'Evaluation of Superintendent,' which were it strictly about Fleming’s performance would be OK. However, board President Marlene Draper told the grand jury she allowed the board to discuss just about anything in private because 'all issues pertaining to the management of the district fall under his evaluation.' "

Mickadeit is a columnist for The Orange County Register.

Former trustee Casabianca spills the beans: admits one of the real reasons the Fleming trustees intentiaonally violated the Brown Act

Oct 22, 2007 Filed in: Open Meetings

Frank Mickadeit, The Orange County Register "Then-board member John Casabianca admitted, however, that while the board used the legal excuse presumably given by its part-time counsel, the real reason seemed to be political when in 2005 the board discussed in private a $4.3 million cost-overrun on the headquarters."

Mickadeit is a columnist for The Orange County Register.

OC Register columnist has no doubt the Fleming trustees knew they were violating the Brown Act

Oct 22, 2007 Filed in: Open Meetings

Frank Mickadeit, The Orange County Register "But there’s no doubt in my mind the board, then populated by several members with more than 15 years of experience, knew full well what it was doing. Board members attend state seminars and learn in detail about the narrow exceptions to the Brown Act. It’s drilled into them. Lack of knowledge on this broad a scale should not be an excuse."

Mickadeit is a columnist for the Orange County Register.

County counsel denies advising Draper on Brown Act after she blamed him to save her own skin under oath

Oct 18, 2007 Filed in: Open Meetings

Ron Wenkart, OC Weekly “I went back and double-checked the records,” he says. “I didn’t speak with them. . . . I was not involved with that.” His office was advising the district on “other legal issues” at the time, he says, but nothing relating to closed meetings or the Brown Act.

Past board president Marlene Draper contended in her grand-jury testimony that the closed meetings and the board’s non-disclosure were legal because all of the agendas for Saturday performance-evaluation meetings were pre-approved by counsel from the Orange County Department of Education. But Ron Wenkart, general counsel for the department and the attorney who would have approved such agendas at the time, says he has no records of him or anyone in his office ever having conversations with Fleming about the Brown Act or of approving CUSD closed meeting agendas.

CUSD's large classes are making teaching a test of endurance, rather than a creative, interactive process

Oct 15, 2007 Filed in: Class Size

Bill Hoffman, CUSD Board of Trustees Meeting "I still love teaching and the students are hard working and wonderful to be with. But these big numbers are taking away much of that enjoyment because I can’t do the job the way I know it should be done, or if I do the job, I hardly have the time or energy. Sadly, teaching is becoming a test of endurance, rather than a creative, interactive process. Large class sizes are a major cause."

Hoffman made this statement during public comments at the October 15 2007 CUSD Board of Trustees meeting. Hoffman is a 31-year teaching veteran who teaches economics and laptop geography at Capo Valley High School.

Teacher believes large classes have already pushed CUSD passed the threshold of a positive learning environment

Oct 15, 2007 Filed in: Class Size

Bill Hoffman, CUSD Board of Trustees Meeting "...on behalf of so many teachers, please do the moral thing and find a way to reduce class sizes. I don’t pretend to know the nuances of school finances, but I honestly believe we are beyond the threshold of a positive learning environment."

Hoffman made this statement during public comments at the October 15 2007 CUSD Board of Trustees meeting. Hoffman is a 31-year teaching veteran who teaches economics and laptop geography at Capo Valley High School.

Teacher says, with CUSD's increasing class sizes, students get less individual attention and teachers burn out

Oct 15, 2007 Filed in: Class Size

Bill Hoffman, CUSD Board of Trustees Meeting "It’s increasingly hard to help the kids individually with so many in one class. I think this hurts the average student more. They need the one-on-one attention to boost their achievement. Tutorials have become like a triage, helping those in greatest need. The rest of the kids have to take a number. These large classes may also be burning out many of your hardest working teachers. Whether it’s an AP, IP or beginning level class, I’ve spoken to many teachers who tell me it’s harder than ever just to keep up."

Hoffman made this statement during public comments at the October 15 2007 CUSD Board of Trustees meeting. Hoffman is a 31-year teaching veteran who teaches economics and laptop geography at Capo Valley High School.

CUSD teacher says district "plays with" statistics, touting 94% as going on to higher learning, when less than 45% complete four years

Oct 15, 2007 Filed in: Test Scores, Statistics

Marianne Irwin, CUSD Board of Trustees Meeting "I think we need to address another statistic. The district has published a great one, and that is that 94% of our students go on to higher learning, when I know the fact is fewer than 45 are attending four years. And I think that’s a statistic that’s played with, and I think we can do better."

Irwin made this statement during public comments at the October 15 2007 CUSD Board of Trustees meeting. Irwin is a 36-year teaching veteran who teaches world literature at Dana Hills High School.

CUSD teacher concerned about district's emphasis on standards, while quality of educational experience suffers

Oct 15, 2007 Filed in: Test Scores, Statistics

Marianne Irwin, CUSD Board of Trustees Meeting "So I ask you, when we talk about the standards, I agree with the standards. I think they’re great. But the fact is, I’ve butcher-papered so many standards, every late start is standards. I feel like I’m calling audibles in a football game, 'Twelve point two four, twelve point…' I want to 'live it.' I’m really…I’m tired of just coming to my classroom and talking. I think we need to 'live it.' ”

Irwin made this statement during public comments at the October 15 2007 CUSD Board of Trustees meeting. Irwin is a 36-year teaching veteran who teaches world literature at Dana Hills High School.

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

Sep 11, 2007 Filed in: Culture of Corruption

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"

Sep 01, 2007 Filed in: Culture of Corruption

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

Sep 01, 2007 Filed in: Culture of Corruption

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

Sep 01, 2007 Filed in: Culture of Corruption

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

Sep 01, 2007 Filed in: Culture of Corruption

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.

Trustee Bryson supports board decision to hire Carter as CUSD's new interim superintendent

Sep 01, 2007 Filed in: Superintendent

Anna Bryson, Trabuco Canyon News “We are all enthusiastic about this decision. He is the right person to be Capistrano Unified’s interim superintendent.”

Bryson is one of the ABC reform trustees.

More CUSD happy tak - but the truth is, SJHHS access is so dangerous, pilot cars are needed to escort parents and students

Aug 30, 2007 Filed in: San Juan Hills HS

Joe Dixon, The Orange County Register “That exceeds the safety standards for the street, but it is going to be inconvenient.”

Do you think, Joe? A pilot car will guide staggered groups of vehicles through construction on La Pata, BUT district officials said they may allow drivers to move freely through the area if traffic becomes backed up. So, CUSD admits this drastic safety measure is needed to mitigate obvious danger and comply with the terms of the district's EIR, but the district could suspend this badly needed and embarrassing safety measure if traffic backs up too badly. After all these years, and $140 million (and counting) spent, this is the best our CUSD facilities planning wizzards can do? Dixon is executive director of Capistrano Unified’s maintenance and operations.

More CUSD excuses - new SJHHS principal offers more pap to gloss over planning failures and serious safety issues

Aug 30, 2007 Filed in: San Juan Hills HS

Tony Ferruzzo, The Orange County Register “Whether you are building a new house or a new school, you have to be flexible. There are delays you can predict and those that you can’t predict, and the ones you can’t predict are the most difficult...It will be slow going in, but once they are on campus it will be very exciting.”

Sure, Tony. Just keep up the excuses and happy talk to cover-up another long-term facilities planning disaster from the folks at CUSD. And keep pointing fingers at the roadway as the culprit behind the delays. Be sure to ignore the fact that even now much of the campus looks more like a construction zone that a school. And good luck getting CUSD to take responsibility for the delays for which they clearly were responsible. Ferruzzo is the principal (and spokeshole) of CUSD's newest high school, the controversial, $140 million (and counting) San Juan Hills High School, that has experienced numerous cost overruns, delays and continues to raise serious safety, financing, contracting, facilities equity, environmental and other important issues, yet to be explained by the CUSD trustees or administration.

Board vice president says Carter made necessary changes at FSUSD, and is disappointed that he is leaving the district

Aug 19, 2007 Filed in: Superintendent

Anne Griffin, TheReporter.com "Apparently, he [Carter] has accepted a position with the Capistrano Unified School District...he did a number of things in the district, as far as making changes that needed to be made. I am disappointed he is not going to be with us; we offered him a three-year contract, but apparently, he felt it wasn't a good fit."

Griffin explained that the FSUSD trustees voted in the spring to extend Carter's contract to 2010. Griffin is vice president of the Fairfield-Suisun Unified School District.

FSUSD board president describes Carter as a "change agent" and laments loss of Carter to CUSD

Aug 19, 2007 Filed in: Superintendent

Gary Falati, TheReporter.com "It's definitely our loss. He [Carter] was hired as a change agent, and he made major changes in our district... He's done a great job for our district, and I'm saddened by his leaving us."

Carter started out as a superintendent for Bourbon County Schools and served as interim superintendent and state administrator for Floyd County Schools, both in Kentucky, before being hired as a deputy superintendent for the Oakland Unified School District in 2003, which at the time was facing a multi-million dollar deficit. The Fairfield-Suisun trustees voted to hire Carter in March of 2005. Falati said that the changes were necessitated by thousands of students that had fallen behind in math, English, or science. Falati is the Governing Board President of Fairfield-Suisun USD.

Benecke welcomes and praises new interim superintendent Woodrow Carter

Aug 19, 2007

Sheila Benecke, TheReporter.com "We are pleased to be announcing Carter's appointment this evening. He is a man of impressive credentials. All of the board members are looking forward to working with him."

CUSD Board President Sheila Benecke made these remarks in an official CUSD statement.

Christensen agrees with constituents - district should not pay Fleming's criminal attorney fees

Aug 17, 2007 Filed in: Criminal Attorney Fees

Larry Christensen, The Capistrano Dispatch “I agree with the constituents of CUSD.”

CUSD Trustee Christensen commented after 21 individuals spoke at the August 13, 2007 CUSD board meeting in opposition to Fleming's request for criminal attorney fees (which trustee Marlene Draper brought to motion).

Christensen explains board's decision not to pay Fleming's defense costs

Aug 15, 2007 Filed in: Criminal Attorney Fees

Larry Christensen, The Orange County Register "We voted on this before, 7-0, not to support payment. There has been no change since then. I don't see any reason to go back into this again."

Christensen was elected to the CUSD Board of Trustees as one of the ABC Reform candidates in November of 2006.

President of classified employees union: payment of Fleming's attorney's fees would be unfair

Aug 15, 2007 Filed in: Criminal Attorney Fees

Ronda Walen, The Orange County Register "You would be allowing Dr. Fleming to maintain his lifestyle … when the rest of us are feeling the pain."

Walen is the president of CUSD's classified employees union, and made this remark while noting that CUSD recently laid off workers.

Mission Viejo resident: payment of Fleming's legal fees would constitute misplaced priorities

Aug 15, 2007 Filed in: Criminal Attorney Fees

Kelly Henry, The Orange County Register "When the kids start (school), the teachers ask, 'Can you bring in Kleenex boxes, because we don't get money for that. It'd be ridiculous if we're paying for his legal fees when teachers … are asking for Kleenex boxes."

Henry is a Mission Viejo resident.

Bryson says denial of Fleming's criminal attorney's fees request is in district's best interest

Aug 14, 2007 Filed in: Criminal Attorney Fees

Anna Bryson, The Los Angeles Times "This is the best possible way for the district to go forward."

Bryson was elected to the CUSD Board of Trustees as one of the ABC Reform candidates in November of 2006.

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

Jul 23, 2007 Filed in: Culture of Corruption

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

Jul 23, 2007 Filed in: Culture of Corruption

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."

Smith does right by his old district, but ignored or covered up bad priorities and waste at CUSD

Jul 19, 2007 Filed in: Superintendent

Dennis Smith, The Orange County Register “We try to have a pretty close ear to the ground. These are the things that touch students directly. I think we have the right improvements.”

So, after Smith prematurely announced his implausible plan to "grow into" the CUSD Taj Mahal last May, he now gets his priorities straight as he helps the Placentia-Yorba Linda Unified School District spend virtually all of $195 million in bond funds on improvements for children. Too bad he couldn't have been correspondingly honest and candid about the unresponsive and out-of-touch Fleming trustees who wasted tens of millions of redevelopment funds and tax revenues on improvements that could have, but did not benefit the children. Smith is the former CUSD interim superintendent who resigned six days after the Orange County District Attorney announced indictments against former CUSD administrators James Fleming and Susan McGill. Smith quickly retreated to resume his duties as superintendent of the Placentia-Yorba Linda Unified School District, a post he never technically quit while acting as interim superintendent at CUSD.

Draper spins herself sleezy, under oath, to justify secret meetings

Jul 08, 2007 Filed in: People vs Fleming

Marlene Draper, The Los Angeles Times "I wouldn't say it was secret. I would say it was supposed to be confidential."

This is Draper's testimony before the grand jury as she tried to defend the board of trustees' illegal, secret behavior. Since "secret" and "confidential" are synonymous, she offers a difference without a distinction. Now that really smells.

Former Trustee John Casabianca changes his testimony and joins Marlene Draper in dishing out district doublespeak

Jul 08, 2007 Filed in: People vs Fleming

Seema Mehta, The Los Angeles Times "Former Trustee John Casabianca initially testified that the timing of the settlement, which occurred as district critics were gathering recall signatures, also played a role. But after consulting his attorney, Casabianca said the board kept the settlement confidential on the advice of its lawyer, and not because of the recall attempt."

So, first, Casabianca swears the timing of the settlement was about the recall and, then, he swears it wasn't. Plausible? Hardly. But OK under the advice of CUSD's attorneys! Guess that's why we taxpayers pay those legal beagles the big bucks.

Draper spins herself deeper and deeper to justify secret meetings

Jul 08, 2007 Filed in: People vs Fleming

Michael Lubinski, The Los Angeles Times "How did that go into the superintendent's evaluation? Were you going to name it after him?"

Deputy District Attorney Michael Lubinski repeatedly asked how issues such as the road-naming were relevant to Superintendent Fleming's performance evaluation (the justification used by Fleming and the Board for conducting closed-door meetings to discuss virtually every aspect of the district's business). Trustee Marlene Draper told prosecutors that the board needed to consider a broad swath of topics to evaluate Fleming.

Draper reveals yet another excuse for not discussing the peoples' business in public

Jul 08, 2007 Filed in: People vs Fleming

Seema Mehta, The Los Angeles Times "During the meeting, the board agreed to settle a potential lawsuit with the general contractor for the district's new $35-million headquarters. The district paid the firm an extra $3.8 million and signed the settlement during a closed-session meeting in August. Although potential litigation legally can be discussed during closed session, prosecutors questioned why once the matter was settled it was not made public. Lubinski asked why the district was trying to "hide" the cost overrun and deemed the superintendent evaluation meeting "a secret board meeting. Draper said the board discussed in closed session that the payment should not be made public because it could make it easier for other district contractors to drive up prices."

Thanks for the explanation, Marlene. At least now we can all rest easy knowing that the purpose of your secret wasn't to conceal more of your financial mismanagement.

Fleming refuses to testify, takes the 5th; McGill testifies, is charged with perjury

Jul 08, 2007 Filed in: People vs Fleming

Seema Mehta, The Los Angeles Times "Fleming refused to answer most of the prosecutors' questions on the grounds that he could incriminate himself, aside from a handful of basic questions, such as his wife's name, Lilly. McGill did testify, which led to the perjury charge."

Susan McGill denies creating enemies list, but her secretary Bobbie Thacker reveals McGill's involvement

Jul 08, 2007 Filed in: People vs Fleming

Seema Mehta, The Los Angeles Times "McGill and former district spokesman David Smollar visited the county registrar of voters and were illegally allowed to look at the recall petitions. McGill testified that she never created a list, but Thacker said that McGill gave her a list of those who gathered signatures and had her consult confidential pupil data to look up addresses, the names and schools of their children and other information."

Civil charges planned against Capistrano Unified officials

Jul 08, 2007 Filed in: People vs Fleming

Seema Mehta, The Los Angeles Times "Orange County prosecutors plan to file a civil case against Capistrano Unified School District officials alleging that trustees illegally conducted public business in secret, including approving millions of dollars in construction cost overruns at the new district headquarters, according to grand jury transcripts unsealed Friday. The looming complaint alleging that district officials violated the state's open-meetings law is the latest controversy in the beleaguered south Orange County school district, which in May saw its superintendent and another top official indicted. Susan Schroeder, a spokeswoman for the Orange County district attorney's office, confirmed that the civil case would be filed, but declined comment on details."

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

Jun 05, 2007 Filed in: Culture of Corruption

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.

Recall Committee calls for Fleming-era trustees to resign or face recall

Jun 01, 2007 Filed in: People vs Fleming

Tom Russell, The Trabuco Canyon News “Today’s indictments are also an indictment of the four remaining Fleming-era Trustees. For years, they chose to ignore Fleming’s wrongdoings. We call upon Trustees Marlene Draper, Shelia Benecke, Duane Stiff and Mike Darnold to resign immediately. If they fail to do so, we will be left with no choice but to commence a recall campaign to remove them from office.”

Russell is a CUSD parent and spokesperson for the CUSD Recall Committee and the Committee to Reform CUSD.

Additional indictments against the CUSD leadership may still be issued

Jun 01, 2007 Filed in: People vs Fleming

Tony Rackauckus, The Trabuco Canyon News “We're not finished yet. We still have work to do here.”

Rackauckus is the Orange County District Attorney.

Grand jury found no legitimate educational purpose for enemies lists

Jun 01, 2007 Filed in: People vs Fleming

Tony Rackauckus, The Ladera Post “The grand jury found no legitimate educational purpose for any of the multiple versions of the enemies lists that were created.”

Rackauckus is the Orange County District Attorney.

Resources of cash-strapped district shifted from students to unlawful purposes

Jun 01, 2007 Filed in: People vs Fleming

Tony Rackauckus, The Trabuco Canyon News “We are bombarded with complaints from educators and parents that our schools are strapped for cash and children have to do with less. It’s a shame that resources were shifted away from students to create an unlawful list of political 'enemies.' ”

Rackauckus is the Orange County District Attorney.

Fleming trustees failed to exercise oversight of Fleming, failed to protect CUSD families

Jun 01, 2007 Filed in: People vs Fleming

Tony Beall, Trabuco Canyon News “No family should have to fear their government leaders will retaliate against their children. Those who created the lists – and the school board members who failed to exercise proper oversight of Fleming – must be held accountable before this school district can heal and move forward.”

Beall is the mayor of the City of Rancho Santa Margarita and a member of the CUSD Recall Committee.

Recall Committee hoped to work with Smith and held comments pending meeting that was cancelled when he resigned

May 31, 2007 Filed in: Superintendent

Tom Russell, The Orange County Register “We had purposely held back on making any statements about Smith. We wanted to give the guy a fair chance. We absolutely and 100 percent support the idea of moving on. We, however, require that it be done correctly – with true accountability.”

See Transcript of CUSD Recall Committee speech delivered to Dennis Smith and the Trustees at the May 7, 2007 board meeting. Russell is a CUSD parent and spokesperson for the CUSD Recall Committee and the Committee to Reform CUSD.

Smith says he listened to some district critics who didn't listen in return

May 31, 2007 Filed in: Superintendent

Dennis Smith, The Orange County Register “I know there is that sense of maybe not being listened to at times,” he had said. “It runs both ways. I’ve been in conversations with folks who are critical of the district and I’m thinking, ‘You’re not listening either!’ ”

Smith said in an interview in early May that he would solve problems by inviting everyone to the table and making sure people felt listened to. At the time, though, he noted some tensions. Smith is the former Superintendent of the Capistrano Unified School District and, currently, the Superintendent of the Placentia-Yorba Linda Unified School District.

RSM mayor says Trustees were informed of serious wrongdoing, but chose to ignore evidence and participate in cover up

May 26, 2007 Filed in: People vs Fleming

Tony Beall, The Orange County Register “For more than two years, the people have been bringing to their elected trustees compelling evidence of wrongdoing. They chose and continue to choose to ignore it. They’ve crossed the line from being just asleep at the wheel to being complicit in covering up this wrongdoing.”

Beall is the mayor of the City of Rancho Santa Margarita and a member of the CUSD Recall Committee.

Stiff rebuffs calls for his resignation, taunts reformers and reveals his arrogant, Fleming-era roots

May 26, 2007 Filed in: People vs Fleming

Duane Stiff, The Orange County Register “You know, I have a year and a half to go. If you don’t want me on here, go start another recall."

We have a better idea. Do the honorable thing - resign now and save everyone, including the children, the trouble. But given Stiff's out-of-touch track record, his repeated failure to act in the interests of constituents and his willingness to join Benecke, Draper and Darnold in cover ups, it's surprising he woke up long enough to suggest the next best thing. Stiff is one of the four Fleming-era holdover trustees.

Fleming speaks "from the heart" by "standing tall" for "the children" and playing the denial game to the bitter end

May 26, 2007 Filed in: People vs Fleming

James Fleming, The Orange County Register “I want you to know, unequivocally, from my heart, that I did not do these things. I stand by my decisions and recommendations; I would not change my actions in order to avoid my present situation ... My entire 43-year professional career has been devoted to serving the public and specifically public school children; this goes against everything I believe in.”

Fleming is the former superintendent of the Capistrano Unified School District.

Criminal defense attorney helps Fleming play the blame game

May 26, 2007 Filed in: People vs Fleming

Robert Brower, The Orange County Register “In my client’s mind, the D.A. is a political animal: He’s hearing a lot of complaints down there … and there is political capital to be made.”

No Fleming defense would be complete without a healthy dose of the classic Fleming blame game. Brower is former superintendent James Fleming's criminal defense attorney. Last fall, the Fleming-era trustees approved the district's payment of Fleming's criminal attorney's fees at nearly $400 per hour. Last March, the ABC reform trustees successfully brought a motion to reverse that decision.

Fleming dodges real issues in pathetic attempt to take the moral high ground

May 26, 2007 Filed in: People vs Fleming

James Fleming, The Orange County Register “I believe they were the ethical and moral decisions to make and I could not ignore my responsibility.”

Fleming lists achievements during his tenure, such as building campuses and winning National Blue Ribbons for high-achieving schools, and says a district-commissioned [Judge Waldrip] investigation found no laws had been broken. That report criticized Fleming for actions that were “ill-advised and imprudent.” Hey, earth to Jimbo! Those decisions may have ticked people off, but those aren't the decisions you're being prosecuted for. Just think for a minute. Could it be the years of lies, deceit, retaliation, defamation and other abuses that have finally caught up with you? It was not your "responsibility" to cross every ethical and legal line possible. And as for the district-commissioned Waldrip report, it was only a matter of time before this made-to-order whitewash would be raised as a defense. Fortunately, the District Attorney looked into the same matters, and guess what? He saw at things a little differently.

DA charges Fleming with three felonies that carry penalties of up to four years in prison

May 26, 2007 Filed in: People vs Fleming

Sam Miller, The Orange County Register "The Orange County District Attorney’s Office on Thursday unsealed three felony indictments against Fleming. If convicted on charges of misappropriating public funds, using school money for political purposes and conspiracy, he could face four years in state prison."

Miller is the South County education reporter for The Orange County Register.

DA charges McGill with two felonies that carry penalties of neary five years in prison

May 26, 2007 Filed in: People vs Fleming

Sam Miller, The Orange County Register "Retired Assistant Superintendent Susan McGill was indicted on charges of conspiracy and perjury. She faces nearly five years in prison if convicted."

Miller is the South County education reporter for The Orange County Register.

Fleming indictment is vindication for reformers, who are committed to finishing the job

May 25, 2007 Filed in: People vs Fleming

Dana Parsons, The Los Angeles Times "You bet they feel vindicated. What they aren't feeling is charitable. You could say, in fact, they're just getting warmed up. The foes of former Capistrano Unified School District Supt. James Fleming — yes, the man had enemies — had reason to celebrate Thursday, if that's the right word. They had been loudly proclaiming in recent years that Fleming was running a corrupt administration, and now they've got county grand jury indictments against Fleming and his assistant superintendent to back them up."

Parsons is a columnist for The Los Angeles Times.

Fleming wrongdoings happened under Fleming-era trustees' watch

May 25, 2007 Filed in: People vs Fleming

Tony Beall, The Los Angeles Times "What we're talking about here is Fleming, and that is only the tip of the iceberg. All these issues that are now being brought to light are things we brought directly and personally to the trustees. Those trustees turned a blind eye, put their heads in the sand. And all of this happened on their watch."

Beall is the mayor of Rancho Santa Margarita and a recall leader.

RSM mayor recalls surreal experience as Fleming-era trustees praised Fleming on the very day the DA raided his offices

May 25, 2007 Filed in: People vs Fleming

Tony Beall, The Los Angeles Times "And what did they do when I sat down? I got called a liar 17 times by elected trustees. They stood up one by one praising him as the greatest superintendent they'd ever known. They gave him a standing ovation, and I felt like I was in 'The Twilight Zone.' "

Beall was the last public speaker to address the Board of Trustees and Fleming at Fleming's final board meeting last summer. Just hours before, district attorney's investigators raided Fleming's office and took computers and files. Beall urged the board not to let Fleming leave with a sweet retirement package. Beall asked the board to terminate Fleming and, in the short term, put him on administrative leave. Beall is the mayor of Rancho Santa Margarita and a recall leader.

McCully intentionally buried his head when it came to the CUSD Enemies List

May 15, 2007 Filed in: Superintendent

Grand Jury transcript, page 1049 “Q. Was it your intention then not to even look into these matters that were basically, let's say, a hit list? A. The answer is, yes.”

When former Interim Superintendent McCully came to CUSD, the existence of the CUSD enemies lists was well known. Accusations that elected officials and high ranking CUSD staff members created the illegal lists were everywhere. So what actions did the superintendent take to ensure that this type of abuse was no longer happening? What actions did the superintendent take to ensure that this type of abuse would never occur again in the future? Once again, McCully admitted under oath that he basically chose to put his head in the sand and completely ignore this obvious abuse by the CUSD leadership!

CUSD had no chance for accountability with McCully at the helm

May 15, 2007 Filed in: Superintendent

Grand Jury transcript, page 1036 “…I never got involved to know the details at all. My focus at the time was to keep the District focused and engaged in a positive direction…I never dealt with the past.”

Smith addresses overspending and dangerously low reserves, confirming recall advocates claim that CUSD is a district in crisis

May 09, 2007 Filed in: Budget

Dennis Smith, The Orange County Register "At 2 percent, every decision is a crisis."

Reform advocates have exposed CUSD's financial mismanagement and corruption for years, often referring to CUSD as "a school district in crisis." Smith is the interim Superintendent of the Capistrano Unified School District.

District confirms years of deficit spending, confirms reform advocates claims of Fleming Trustees' fiscal irresponsibility

May 09, 2007 Filed in: Budget

Sam Miller, The Orange County Register "The district has spent more than it has taken in for five of the past six years, resulting in a $4.1 million deficit in this school year and a $6 million shortfall in 2005-06. Its reserves are a little higher than the legally mandated 2 percent."

Miller is the South Orange County education reporter for The Orange County Register.

Smith presents plan to end years of irresponsible spending habits of Fleming Trustees

May 09, 2007 Filed in: Budget

Sam Miller, The Orange County Register "Superintendent Dennis Smith on Monday presented a general plan of cuts, transfers and new revenues that he said will get the district out of the habit of spending down reserves and failing to plan for teachers raises. The adjustments, which were not voted on by trustees Monday, will be in the budget the board considers in June."

Miller is the South Orange County education reporter for The Orange County Register.

CUSD spokeswoman prepares district for staff cuts

May 09, 2007 Filed in: Budget

Beverly De Nicola, The Orange County Register "The next step will be to fine-tune it and figure out how much this will affect people. Because when you cut $13 million, you cut people."

De Nicola is the spokeswoman for the Capistrano Unified School District.

Smith's plans for cuts and increased revenues

May 09, 2007 Filed in: Budget

Sam Miller, The Orange County Register "Eliminating some bus routes with few riders and consolidating some bus stops, for a savings of about $1 million; Raising facilities use fees and selling obsolete school buses, part of a plan to raise about $400,000; Cutting staff positions to save about $4.2 million, including $2.1 million in teacher salaries."

Officials don't know whether the cuts will come from laying off people or not filling positions of employees who leave. Teachers under contract can't be laid off, as pink slips would have had to have gone out before March 15. Miller is the South Orange County education reporter for The Orange County Register.

Smith's four guiding principles in budget planning

May 09, 2007 Filed in: Budget

Sam Miller, The Orange County Register "Smith last week said he had four guiding principles in budget planning: ending deficit spending; carrying a larger reserve; planning with multiyear projections; and budgeting teacher raises in advance."

Miller is the South Orange County education reporter for The Orange County Register.

Smith's plans for the new administration building

May 09, 2007 Filed in: Administration Building

Sam Miller, The Orange County Register "Trustees Monday voted to lease out one of three wings in the new administration building. The decision will raise about $338,000 annually, which will go to older schools for facilities improvements. The district will consolidate its operations into the building's center wing and northernmost section. About 15,000 square feet in the southern section will be rented out. No tenant has been identified. Smith said the district will grow into the building."

Some residents had criticized the 126,000-square-foot building as too large for the district, and it was at the heart of a failed recall effort in 2005. School district officials moved in a year ago. Miller is the South Orange County education reporter for The Orange County Register.

Smith touts admin building pros but ignores cons and prudent alternatives

May 09, 2007 Filed in: Administration Building

Dennis Smith, The Los Angeles Times "The district's Education Center is a valuable asset and a good investment for the future. We now have the flexibility to use this building for important school support purposes and to lease additional available space to provide extra funds for our schools."

District officials continue to promote the Fleming rationale for the new building - consolidation of operations, expansion needs for the next ten years - and a new twist by Smith - lease revenue from the portion of the building to be given to schools in the district. There was no mention of a comprehensive feasibility study to consider more prudent alternatives or any discussion about district-wide priorities and proper allocation of limited capital resources -- just plans to stay in the overbuilt facility until the district grows into it over the next ten years. Smith is the Superintendent of the Capistrano Unified School District.

Recall advocates said decision to lease showed that building the admin building was wrong, other options should be considered

May 09, 2007 Filed in: Administration Building

Tom Russell, The Los Angeles Times "This absolutely shows that the recall reform advocates were right, that this building was not necessary."

District critics called the construction of the three-building complex unnecessary and extravagant. Reform advocates pointed out the false dilemma presented by the district - the old administrative facilities vs. the extravagant new Taj Mahal, without any consideration of alternatives like those modeled by other, more prudent school districts. The excesses of the new administration building are now clear - it is both extravagant and physically excessive. The district should call for a thorough, independent feasibility study to consider alternatives that are more prudent and fair to everyone, such as a sale/leaseback arrangement or a sale and relocation of operations to unused or under-utilized facilities in the district (a sensible option chosen by other award-winning, but more prudent Orange County school districts). Russell is the spokesman for the CUSD Recall Committee.

Admin building was a catalyst for the recall campaign

May 09, 2007 Filed in: Administration Building

Seema Mehta, The Los Angeles Times "Construction of the center was controversial in 2005, when community members and parents grew increasingly critical of the board's decision to build it while hundreds of classes were being held in aging trailers. The center was a catalyst for a recall attempt against the district's seven trustees. The recall failed to make the ballot, but three recall advocates were elected in November."

Mehta is a reporter for The Los Angeles Times.

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

May 09, 2007 Filed in: Culture of Corruption

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.

Trustees' attempt to sell surplus land to cover budget deficits comes up short

May 09, 2007 Filed in: Budget

Sam Miller, The Orange County Register "Trustees also agreed to try again to sell land in Laguna Niguel, a month after bids for the 2.4 acres on Paseo de Colinas came in smaller than expected. The largest bid was $4.8 million, below the $6 million minimum required. The school district reappraised the land and has set the minimum bid at $4.8 million."

Miller is the South Orange County education reporter for The Orange County Register.

CUSD will lease a third of its $52 million Taj Mahal for $400,000 per year

May 08, 2007 Filed in: Administration Building

Jonathan Volzke, The Capistrano Dispatch "Capo Unified officials intend to lease about one-third of their new Valle Road headquarters, using the income for facilities improvements at schools in San Juan Capistrano and Mission Viejo -- areas that contributed to the building's construction cost. New Superintendent Dennis Smith said the district will actually operate more effectively in the smaller space, and the lease could generate up to $400,000 a year. The construction of the building, which will cost more than $50,000,000 with interest, was one of the sparks that ignited the recall fire."

Volzke is the publisher of the Capistrano Dispatch.

Smith plans to lease entire wing of Taj Mahal & consolidate operations, calls $52 million admin building a "good investment"

May 08, 2007 Filed in: Administration Building

Sam Miller, The Orange County Register "New Superintendent Dennis Smith said the move will earn the district about $338,000 annually, which he will then distribute to older schools to use as they please for facilities upgrades. The district will consolidate its operations into the building's center wing and northernmost section. The southernmost section will be rented out ... Smith, though, said it was a good investment and its size will be needed as the district grows in the coming decade."

Miller is the South Orange County education reporter for The Orange County Register.

Superintendent Smith says trustees' plans to open $140 million San Juan Hills High School don't make financial sense

May 07, 2007 Filed in: San Juan Hills HS

Jonathan Volzke, The Capistrano Dispatch "San Juan Hills High School likely will open with freshmen only. CUSD Superintendent Dennis Smith told trustees Monday about 600 freshmen have enrolled, but only 155 sophomores. Smith said it didn't make financial sense to move forward with trustees' plans to open the school with 9th and 10th graders. A decision needs to be made in about a week."

Volzke is the publisher of the Capistrano Dispatch.

Draper says nepotism and cronyism is OK because it's not "technically" illegal, "It just smells."

May 07, 2007 Filed in: Conflicts, Nepotism

Marlene Draper, CUSD Board of Trustees Meeting, May 7, 2007 "The Waldrip report said that it wasn't technically illegal. It just said that it ... smells."

Draper made this statement in response to a resident who criticized her for historically engaging in nepotism and cronyism by discussing and voting on district contracts with Culbertson, Adams and Associates, an environmental firm where Draper's daughter, Shawna Schaffner, serves as CEO. The Waldrip report had admonished the trustees to avoid the appearance of such improprieties, and cited the Culbertson and Adams agreement as an example. Judge Waldrip advised any trustee with such family relationships to abstain from such discussions or votes in the future, and speculated that the public would see the end of such improprieties as more reasonable judgement prevailed at CUSD in the future. Draper and the other Fleming trustees never apologized or took personal responsibility for any of the numerous wrongdoings confirmed by Waldrip. Instead, Draper disregarded Waldrip's admonitions and advice, discussed and voted for her daughter's contract at the first opportunity, and twisted Waldrip's words to justify her continued unethical conduct. Rather than raise the ethical bar at CUSD, as Waldrip recommended, Draper disregarded ethics and defended the bare legal minimum as good enough for CUSD ... even if it "smells." The crowd and the press were shocked. The new superintendent, Dennis Smith, put his face into his hands and shook his head in disbelief. The only person in the room who didn't seem to get it, was Draper.

McCully confirmed not all district schools meet CUSD standards, contrary to claims of Fleming and Trustees during recall

May 06, 2007 Filed in: Facilities Planning

Sam Miller, The Orange County Register "The images that recall volunteers most depended on were photos of old portables that they said showed failures in facilities planning. City officials in Mission Viejo and PTA parents at Newhart Middle have continued to call for more facilities work, and Charles McCully, who recently served as interim superintendent, said not all schools meet CUSD standards."

Miller is the South Orange County education reporter for The Orange County Register.

Union president says new superintendent needs to work to let teachers know they’re heard on key issues

May 06, 2007 Filed in: Teacher Salaries

Vicki Soderberg, The Orange County Register “He needs to improve communications between teachers and him, and not have the barriers. With (former superintendent James) Fleming, it was always a one-way communication."

Soderberg commented upon the two-year teachers contract tentatively agreed to Monday (May 2) that will cover the 2007-08 school year. Soderberg is the President of the Capistrano Unifed Education Association, a teachers union.

Newcomer Smith characterizes some critics of district facilities as people who "scream and yell and throw a tantrum"

May 06, 2007 Filed in: Facilities Planning

Dennis Smith, The Orange County Register "You can come and yell and scream or throw a tantrum, but when we think this thing through and we have this amount of money and we’ve identified the priorities, then that’s what we do. And it’s not who can scream the loudest who will get the project done. That’s not fair to anybody."

Smith is the Superintendent of the Capistrano Unified School District.

Smith has five-year plan for deteriorating schools

May 06, 2007 Filed in: Facilities Planning

Dennis Smith, The Orange County Register "It’s one of the bigger issues in the district. We’re going to try to connect up the highest priorities in the district with the revenue stream and communicate out to everybody that these are the projects we’re going to fund over the next five years."

Smith is the Superintendent of the Capistrano Unified School District.

Smith's four guiding principles for the budget, addresses automatic allocation for teachers' raises

May 06, 2007 Filed in: Budget

Smith, The Orange County Register "You’ll see on Monday, we have (four) guiding principals for the budget: We can’t deficit-spend, we have to build up our reserve, we have to look at multiple-year projections. The fourth one is you have to allocate for your compensation. You have to budget something aside. Other than that, you’re in the middle of the year and teachers say, 'We want 4 percent' and we don’t have 4 percent. It doesn’t work! You end up giving it anyway."

Smith is the Superintendent of the Capistrano Unified School District.

Smith expresses hopes for his legacy with CUSD

May 06, 2007 Filed in: Superintendent

Smith, The Orange County Register "That I was able to come into the district and help to rebuild the trust between the community and the schools. In the short term, there’s all these issues, almost like brush fires. The first thing is to look at these brush fires and begin to deal with them. I need to understand (those), get some things calmed down, and then sit back and say, “Where are we going as a district? I refuse to get pulled from one fire to the next fire and try to douse it out as we go along. I think what we need to do is have a much more cohesive, coherent plan for the future."

Smith is the Superintendent of the Capistrano Unified School District.

Trustees hired Smith for several reasons, but based on OC Register report, reform mandate issues were ignored

May 06, 2007 Filed in: Superintendent

Sam Miller, The Orange County Register “Smith, who had been chief in Placentia-Yorba Linda Unified, was hired in March to help the district put the tumultuous summer in the past, to rehabilitate its relationship with the community and to keep the schools’ focus on learning.”

Miller is the south-county education reporter for the Orange County Register.

Smith draws surprising conclusions about reform issues and advocates without even speaking to reform leaders

May 06, 2007 Filed in: Superintendent

Dennis Smith, The Orange County Register “My first impressions were, this is a really good district. I’ve known it to be for 20 years. I’m thinking, something’s gone terribly wrong. … I didn’t realize the intensity of it until I got here. I’m beginning to figure out more and see that there’s adequate blame on both sides.”

Smith may have misstepped early in the game by implying moral equivalency between district and reform advocates. If this is so, despite the opinions of some that he is "scary brilliant," he obviously has much to learn if he really wants to make positive changes at CUSD. Smith is the Superintendent of the Capistrano Unified School District.

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

May 06, 2007 Filed in: Culture of Corruption

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.

Tired of Mission Viejo taxes paying for CUSD facilities in other cities while the children in Mission Viejo schools are denied

May 06, 2007 Filed in: Facilities Equity

Sharon O’Brien, The Orange County Register “It is inspiring to read about all the hard work and fundraising parents at Capistrano Valley High School are doing to provide a performing arts center for that community, but it is also aggravating to know that these facilities were provided to other high schools in the Capistrano Unified School District with Mission Viejo tax dollars.” O’Brien is a CUSD parent and resident of Mission Viejo.”

O’Brien is a CUSD parent and resident of Mission Viejo.

CUSD has made Mission Viejo a donor city for school projects elsewhere, unfair to the children and taxpayers of Mission Viejo

May 06, 2007 Filed in: Facilities Equity

Sharon O’Brien, The Orange County Register “Mission Viejo has been a donor city to this school district for years and the result has been new and improved facilities elsewhere and a Taj Mahal of a district office. Meanwhile, high school parents have to raise funds to get the theatre that every other CUSD high school already has, and elementary and middle school families have to send their children to some of the oldest and most neglected schools in the district.”

O’Brien is a CUSD parent and resident of Mission Viejo.

CUSD neglect of Mission Viejo schools reflects badly on city, CUSD should repay its “debt” to Mission Viejo

May 06, 2007 Filed in: Facilities Equity

Sharon O’Brien, The Orange County Register “Sharon O’Brien, The Orange County Register “Every citizen of Mission Viejo is affected by the conditions of our schools because it is a reflection of our city and will have a long-term impact on the status of this community. Every citizen should be asking when Capistrano Unified will repay its debt to the city of Mission Viejo.”

O’Brien is a CUSD parent and resident of Mission Viejo.

Trustees to consider millions in budget cuts, leasing out district office space to raise $400,000 per year

May 05, 2007 Filed in: Budget

Jonathan Volzke, The Capistrano Dispatch Capo Unified Trustees on Monday [May 7] will consider how to cut millions of dollars to balance their budget. Also on the agenda: leasing out district office space to raise $400,000 a year. The meeting is at 7 p.m. at district offices on Valle Road."

Volzke is the publisher of the Capistrano Dispatch.

Danna Hills locked down for two hours due to explosions

May 04, 2007 Filed in: Traffic and Safety

Jonathan Volzke, The Capistrano Dispatch "Students were held in classrooms for more than two hours today after two small blasts echoed through the central mall at Dana Hills High School. No one was injured, and three students were held for questioning, a district spokeswoman said. The devices -- chemicals in water-bottle-type containers -- went off shortly after noon. They released little smoke, but district officials, sheriff's deputies and firefighters locked down the campus for the remainder of the day while investigating."

Volzke is the publisher of the Capistrano Dispatch.

Union leader hopes CUSD's commitment will improve teacher/ district relations

May 03, 2007 Filed in: Teacher Salaries

Vicki Soderberg "The district has made a commitment to the teachers to prioritize them in the budget. Hopefully, we're seeing a new day in Capistrano Unified. Hopefully there won't be any more picketing or mass demonstrations at the district office."

Soderberg is president of the Capistrano Unified Education Association, a teachers union.

Teacher raises will strain district with $4 million more in cuts beyond $9 million shortfall already identified

May 03, 2007 Filed in: Budget

Sam Miller, The Orange County Register “Union officials figure the raises mean 8.19 percent more total pay over two years. The raises could mean more cuts for CUSD, which had already faced a $9 million shortfall after years of deficit spending. A package of proposed cuts will be announced next week by new Superintendent Dennis Smith.”

Miller is the South Orange County education reporter for The Orange County Register.

Teacher salaries dispute settlement terms disclosed

May 03, 2007 Filed in: Teacher Salaries

Jonathan Volzke, The Capistrano Dispatch "Capo Unified officials and teachers have reached a tentative agreement in their bitter contract dispute, which has seen teachers picketing school campuses. The agreement’s key provisions call for a 4% salary increase for the 2006-07 school year, retroactive to July 1, 2006; a 3% increase for the 2007-08 school year; and a compression of the salary schedule. In conjunction with the salary increase, the district will continue to pay any additional costs of medical, dental and vision insurance for all teachers."

Volzke is the publisher of The Capistrano Dispatch.

RSM city council made tax audit of CUSD top priority after discovering proof CUSD misinformed the community

May 01, 2007 Filed in: RSM Mello-Roos Audit

Tony Beall, Trabuco Canyon News "For years, the Capistrano Unified School District had insisted they were going to pay for their luxurious new $52-million administration building in San Juan Capistrano with redevelopment monies from that City. However, despite repeated public denials, in November 2006, in the face of overwhelming evidence to the contrary, CUSD leaders were forced to admit they had been providing “misinformation” to our residents. In fact, the CUSD leadership now admitsted they arewere diverting millions of Mello-Roos tax dollars from Rancho Santa Margarita and other south Orange County cities to pay for this massive office building in San Juan Capistrano. As a result of these serious misrepresentations, our City Council made auditing the CUSD its highest priority."

Beall is the Mayor of the City of Rancho Santa Margarita.

RSM tax audit of CUSD delayed due to lack of cooperation, responsiveness by district; Mission Viejo has had similar delays

May 01, 2007 Filed in: RSM Mello-Roos Audit

Tony Beall, Trabuco Canyon News "Unfortunately, progress on this audit has been somewhat slow. CUSD officials have not always been as cooperative and responsive to our requests for this important public information as we would have expected. The City of Mission Viejo, which is also conducting an audit of CUSD, encountered similar delays. Their auditors actually suggested the City Council might have to consider asking the California Attorney General to intervene."

Beall is the Mayor of the City of Rancho Santa Margarita.

RSM mayor hopes audit efforts will improve after promise of cooperation from new superintendent

May 01, 2007 Filed in: RSM Mello-Roos Audit

Tony Beall, Trabuco Canyon News "Despite these prior unacceptable delays, we now have reason to believe CUSD will provide our auditors full and complete access and cooperation. CUSD just hired a new Superintendent, Dr. Dennis Smith. RSM Mayor Pro Tem Gary Thompson and I recently met with Dr. Smith and he personally assured us that Rancho Santa Margarita’s auditors would be given full cooperation and immediate access to all financial records relating to the tax dollars CUSD collected from RSM residents. I welcome and appreciate Superintendent Smith’s promise of a new era of openness, honesty and accountability at CUSD."

Beall is the Mayor of the City of Rancho Santa Margarita.

McCully says he didn't accomplish everything he wanted to do as interim superintendent

Apr 28, 2007 Filed in: Superintendent

Charles McCully, The Orange County Register “... I certainly didn’t accomplish everything I want to do. I was disappointed we didn’t complete negotiations with our employee organizations much sooner. Number two, while I think we’ve made significant progress on being a much more transparent organization, there is still much to be done, building trust and confidence.”

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

McCully admits CUSD still falls short on transparency

Apr 28, 2007 Filed in: Culture of Corruption

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.

New British study points to power lines as cause of leukemia in children, confirms California study done several years ago

Apr 27, 2007 Filed in: San Juan Hills HS

Dan Endsley, The Capistrano Dispatch “I recently passed the new high school on my way to the dump; I mean the regional sanitary landfill. It’s interesting to see how our $140 million is being spent. The next day I read an article in the London Daily Mirror. A new British study points toward high voltage transmission lines as a cause of leukemia in children. It also says adults have a higher risk of several cancers by living or working in close proximity to the same power lines. The article says the new study confirms a California study conducted several years ago. Hello? Aren’t those power lines crossing the front of San Juan Hills High running straight from San Onofre? You can’t get any more high voltage than that.”

Endsley is San Juan Capistrano resident and business owner and a columnist for The Capistrano Dispatch.

Dump site not lined in plastic on side nearest to San Juan Hills High School

Apr 27, 2007 Filed in: San Juan Hills HS

Dan Endsley, The Capistrano Dispatch “In addition, while touring our world-class dump, I learned that the whole dump is lined with a heavy plastic liner that keeps the bad stuff (that’s my term, not the dump’s) inside the dump with no chance of leaching out into the surrounding area. That is, all the dump is lined with plastic except the area nearest ... you guessed it, San Juan Hills High. The part nearest the school has a clay lining. Clay is better than sand but certainly not as goof-proof as the thick plastic liner. I’m certainly glad my kids are beyond school age. Maybe they should change the name of the school mascot to ‘The Electric Slide’ or maybe ‘The Sludge Master.’ In the words of Dr. Phil ... ‘what were those folks thinking?’”

Endsley is San Juan Capistrano resident and business owner and a columnist for The Capistrano Dispatch.

Columnist misinterprets reasons behind recent lull in activity by district critics

Apr 27, 2007 Filed in: Recall Campaign 2005

Keith Stroud, The Capistrano Dispatch “The problem with writing a column that pokes fun at things that are happening in Your Town is that sometimes things are just rolling along so smoothly that there’s really little to belittle. I don’t know if it’s because the Your Town Unified School District has elected new Board Members, but all the shouting and screaming by people who had had their feelings hurt by decisions made by the School Board are suddenly quiet.”

Stroud is a former high school principal and an author and a columnist for The Capistrano Dispatch.

Capo Valley only high school without a theater; it's hard on students who want to know why they've been neglected

Apr 24, 2007 Filed in: Capistrano Valley HS

Amanda Glowish, The Orange County Register "Capistrano Valley High School's drama students gather after school on a small stage in a common area of the school called The Mall. Rehearsing for an upcoming production of "Bye Bye Birdie," they compete to be heard over the bouncing of basketballs, slamming of lockers and a zamboni-like machine that washes the floors. The school doesn't have a theater, so drama students face endless interruptions during rehearsals. The Mall also serves as a cafeteria and garbage is left on the stage daily. The school's Drama Teacher, Emily Holke refers to the area as a "cafetorium. "The students are always asking me why we don't have a theater," said Holke. "We are the only school in the Capistrano School district without one."

Glowish is a reporter for The Orange County Register.

Contrary to OC trend, CUSD enrollment is up due to new housing developments

Apr 23, 2007 Filed in: Enrollment

Fermin Leal, The Orange County Register "... the declining enrollment trend does not extend to every district. Eight districts have seen an increase of a total of 6,083 students in the same time period as the 19 others decreased. Districts including Tustin Unified, Capistrano Unified and Irvine Unified recorded significant growth mostly because of more new housing developments."

In just three years, the enrollment in 19 Orange County school districts has dropped by a combined 17,725 students. That’s enough to fill about 10 high schools, or 30 elementary schools. Districts typically cringe at enrollment declines because it means less funding from the state. They forgo about $4,000 to $6,000 a year for every student, meaning districts have to slash budgets and cut jobs. Leal is a reporter for The Orange County Register.

Arroyo Vista PTA should tell CUSD to fix P.E. facilities deficiencies on school site, leave community park alone

Apr 20, 2007 Filed in: Arroyo Vista Joint Use

Tom Russell, Rancho Santa Margarita News “They should advise CUSD to fix the problem rather than take a private park. The solution is for CUSD to fix it on their current property.”

School use of Arroyo Vista Park became an issue in 2002, when CUSD announced that it intended to cram facilities for 1,500 students on the adjacent, 8-acre Arroyo Vista School site. Despite widespread community opposition and promises by CUSD to honor an agreement with the City of Rancho Santa Margarita to cap the student population at 1,050, CUSD stubbornly proceeded to build facilities for 1,500 students, anyway. This created an overbuilt, under-utilized facility that has covered most of the children's playgrounds and sports fields. See Going Going Gone Feature.

Citizens for a Safe Rancho Santa Margarita (CSRSM), a local citizen action group, warned the community and CUSD about this very problem, but CSRSM’s arguments were rejected by CUSD and the current leaders of the Arroyo Vista PTA. CUSD stated in its EIR that adequate P.E. programs would be provided at Arroyo Vista without any need for the park, and children of parents who weren’t satisfied with P.E. or other educational programs at Arroyo Vista were given dual enrollment with the option of transferring to Las Flores Middle School. But rather than taking advantage of the dual enrollment option provided by the district, or working with CUSD to remove under-utilized facilities to make room for the children, these same PTA leaders are trying to solve the problem they helped to create by dishonestly campaigning to grab the adjacent, privately-owned community park, which will adversely affect residents who use the park to walk, walk their dogs and exercise daily.

CUSD's misplaced priorities have created this facilities planning disaster, dividing the local community in bitter, protracted controversy, wasting millions in taxpayer funds on under-utilized facilities and creating serious inequities for neglected and overcrowded campuses like Newhart Middle School in Mission Viejo. This waste and inequity could be mitigated if CUSD would relocate the under-utilized facilities to Newhart, which desperately needs them. Ironically, Mission Viejo taxpayers bore the cost of the Measure A bond funds used to expand Arroyo Vista, but Arroyo Vista parents were not subject to Measure A taxes. They just received the benefit without the burden, effectively giving Arroyo Vista more than they needed while denying even the basics to substandard schools in Mission Viejo. Russell is a member of CSRSM and the spokesperson for the CUSD Recall Committee.

CUSD doesn't support Arroyo Vista PTA, will remain neutral and honor agreement with master HOA

Apr 20, 2007 Filed in: Arroyo Vista Joint Use

Beverly De Nicola, Rancho Santa Margarita News “The school district has an agreement with SAMLARC that middle school students won’t be using the park during school hours. We’re a neutral party. We won’t be taking a position one way or another.”

De Nicola is chief communications officer for CUSD.

Master HOA doesn't support Arroyo Vista PTA, won't support an issue that would split community

Apr 20, 2007 Filed in: Arroyo Vista Joint Use

Derek McGregor, Rancho Santa Margarita News “If it’s an issue that splits the community…how can we support that?”

McGregor also said that SAMLARC will continue to honor the general park use policy now in place. McGregor is president of SAMLARC, the community's master HOA.

Arroyo Vista PTA caught misrepresenting national, state and district PTA support, now spinning to cover up lies

Apr 20, 2007 Filed in: Arroyo Vista Joint Use

Alejandra Molina, Rancho Santa Margarita News "The park use issue recently resurfaced after the Arroyo Vista PTA sent letters in February to SAMLARC and CUSD asking them both to reassess the park use policy at the school. Language in the letters suggested that the national, state and district PTAs supported the group in its efforts. The move angered some CSRSM members, who later verified that the national, state and district PTAs are not taking sides on the issue. The Arroyo Vista PTA has said it did not intend to make it sound like the groups were on its side, and acknowledged that language in the letter should be reworded."

The PTA letter was assertive and unequivocal in its misrepresentation about national, state and district PTA support ... so much so, that all three oraganizations saw right through the ploy and the state PTA minced no words, ordering the Arroyo Vista PTA to "cease and desist." The simple fact is, the Arroyo Vista PTA got caught doing something dishonest (again) and, as usual, they are compounding the offense by spinning to cover it up. Molina is a reporter for The Orange County Register.

Surplus property sale delayed due to low bids, could strain budget

Apr 10, 2007 Filed in: Budget

Sam Miller, The Orange County Register "The real estate sale Capistrano Unified needs in order to balance its 2007-08 budget will be delayed at least a couple months, after bids for the district's surplus property came in lower than expected. The district is counting on the sale – which has been planned since 2004 – in both its budget planning and its teacher negotiations."

Miller is the South Orange County education reporter for The Orange County Register.

Land sale delay could affect teacher salaries and retirement fund

Apr 10, 2007 Filed in: Budget

Sam Miller, The Orange County Register "Part of the district's offer to teachers includes a 0.75 percent pay raise once the land sale goes through; waiting on the sale would mean a delay for when teachers would see that raise, if agreed to. And CUSD's 2007-08 budget projections, to which trustees are still looking to make cuts, depends on the land sale to erase a $2 million-per-year annual debt the district owes to a public retirement fund."

Miller is the South Orange County education reporter for The Orange County Register.

No part of budget should be exempt from cuts

Mar 29, 2007 Filed in: Budget

Anna Bryson, Laguna Niguel News “I hope there are no sacred cows ... If there has to be pain and we have to tighten our belt, I think there should be no arena that is [exempt from cuts].”

Bryson is one of the ABC Reform Trustees.

District says deficit spending and flattening enrollment caused budget crisis

Mar 29, 2007 Filed in: Budget

Eric Hall, Laguna Niguel News “Capistrano is facing significant budget challenges because of two converging forces: three of four years of deficit spending, and flattening enrollment ... It has caused us to pause and take a look at making budget reductions.” Hall is CUSD's interim deputy superintendent of business and support services.

Trustees should have anticipated teacher salary increases

Mar 29, 2007 Filed in: Budget

Ronda Walen, Laguna Niguel News “You’d think they would anticipate a salary increase and build it into their budget ... Stability is everything.” Walen is president of the 2,000-member union for classified workers.

Even with cuts, not enough to pay teacher salary increases

Mar 29, 2007 Filed in: Budget

Sam Miller, Laguna Niguel News “Even with the expected cuts, CUSD would have little left over to pay salary increases – about $3.7 million, or about 1.5 percent more for all employees. Raises typically are nearer to the state-allocated Cost of Living Adjustment, which CUSD expects to be more than 4 percent.” Miller is the South Orange County education reporter for the Orange County Register.

Wrong for teachers to take out money issues on students

Mar 29, 2007 Filed in: Teacher Salaries

Alex Eisner, Aliso Viejo News "The bottom line is that the teachers are taking out their issues with the district about money on the students, which is wrong on so many different levels." Alex Eisner is a senior at Dana Hills High School and has been a resident of Laguna Niguel for 14 years. He currently serves as a member of the Laguna Niguel Youth Committee and treasurer of his school’s Student Union.

Auditor says CUSD's non-responsiveness worst ever seen

Mar 24, 2007 Filed in: Public Records

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.

New superintendent experienced and looks forward to challenges at CUSD

Mar 23, 2007 Filed in: Superintendent

The Capistrano Dispatch “As Superintendent I have had the opportunity to face challenges similar to those that are being addressed by the Capistrano Unified School District. CUSD is known for its excellent instructional programs, great people, and active community participation. I’m looking forward to getting out to the schools; working with the dedicated teachers, principals, and parents; and inviting all stakeholders to join us in providing our children with a world-class education.” Capistrano Unified Trustees this month unanimously approved Dennis Smith as the district's new superintendent. Smith, who formally starts in July, will get $255,000 a year in salary, $900 a month in transportation allowance, his retirement contributions paid, up to 24 vacation days year and, if he stays at least five years, his health benefits paid until he's 65. The district will also contribute $33,000 a year to a tax-sheltered annuity for Smith.

CUSD has hindered auditor's ability to follow paper trail

Mar 19, 2007 Filed in: Public Records

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 Filed in: Public Records

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.

CUSD student speaks out about traffic safety issue at Tesoro High School

Mar 16, 2007 Filed in: Traffic and Safety

Drew Goldenberg, The Ladera Post "There is a big issue that needs to be dealt with at [Tesoro High School] and that is the tiny single entrance to the school. I am not the only person at the school that feels this way – there are many. Every morning is a stress and struggle for me, my mom, and many others that attend Tesoro. I live in Las Flores, which is within a minute from the school, and on a school day if I leave my house any later than 25 minutes before school starts, I am normally late. This is caused by the absurd, small, single entrance that has to allow almost 4,000 kinds through it everyday. Not to mention that this little entrance is a building car accident maker as there have been many car accidents on it since the opening of the school in 2001." Goldenberg is a freshman student at Tesoro High School.

New superintendent gets lucrative compensation package

Mar 13, 2007 Filed in: Superintendent

Sam Miller, The Orange County Register “Smith, superintendent since 2000 of the 27,000-student Placentia-Yorba Linda Unified, will be paid $255,000 annually plus benefits – including $900 a month for a car and a $33,000 tax-sheltered annuity each year – to lead the 50,000-student CUSD.” Miller is the education reporter for the Orange County Register.

Waldrip finds lists and employment arrangements inappropriate

Mar 07, 2007 Filed in: Waldrip Investigation

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 Filed in: Waldrip Investigation

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.

"It is a misuse of taxpayers' money to defend the indefensible."

Mar 07, 2007 Filed in: Criminal Attorney Fees

Trustee Anna Bryson, The Orange County Register - After reviewing the alarming revelations contained in Judge Stuart Waldrip's "Independent" Investigator's Report, reform trustee Bryson made this comment in support of a resolution to stop further funding of former Superintendent James Fleming's criminal defense attorney's fees. Trustees Benecke, Draper, Darnold and Stiff reversed their earlier decision and joined Bryson and the other reform trustees, Ellen Addonizio and Larry Christensen, in cutting off further taxpayer funding of Fleming's criminal defense attorney's fees.

Even after alarming evidence of Fleming's wrongdoings, Benecke would use tax dollars to pay his criminal attorney's fees

Mar 07, 2007 Filed in: Criminal Attorney Fees

Trustee Sheila Benecke, The Orange County Register "Should activities resume, he'd have every right to seek reinstatement of district-paid legal counsel." Trustee Benecke and other Fleming trustees said a defense lawyer is no longer necessary because the grand jury investigation seems to have quieted down. However, they also said they would support providing a defense lawyer for Fleming's if investigation activities resume. Benecke and her colleagues previously said that Fleming's criminal defense attorney's fees would be paid until there was evidence of Fleming's wrongdoing. Now that the Waldrip report has provided alarming evidence of such wrongdoing, Benecke and her colleagues have decided ignore the report. This decision is just a flawed as their decision to pay Fleming's criminal defense fees last summer, when they ignored legal criteria and improperly authorized payment.

District has spent $5,000 on Fleming's defense, but now there's evidence of Fleming's wrondoings

Mar 05, 2007 Filed in: Criminal Attorney Fees

Sam Miller, The Orange County Register “The district has spent about $5,000 on Fleming's defense. Since the initial decision, three new trustees – who ran on a reform platform – were elected, and a district-commissioned investigation found evidence of "imprudent" actions taken by Fleming.” Miller is the South Orange County education reporter for the Orange County Register.

Waldrip report sustained recall allegations

Mar 05, 2007 Filed in: Waldrip Investigation

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.

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

Mar 05, 2007 Filed in: Public Records

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.

Union leader says CUSD inflexible, teachers will be angry

Mar 01, 2007 Filed in: Teacher Salaries

Vicki Soderberg, The Orange County Register “This district is not willing to make any kind of movement ... Let me tell you, my people are going to be angry.” Soderberg is president of the Capistrano Unified Education Association.

Teacher frustrated with CUSD, wants to get back to teaching

Feb 26, 2007 Filed in: Teacher Salaries

Sue Willett, The Orange County Register "We asked the district to budget the increase last year, but we haven't seen any progress ... We started talks months ago. I just want to get back to doing what I love: teaching." Willett is a teacher at Tesoro high School.

Lackey filed lawsuit after obtaining evidence of improper closed session

Feb 23, 2007 Filed in: Open Meetings

Jonathan Volzke, The Capistrano Dispatch “Lackey filed his lawsuit in Orange County Superior Court after a former district employee provided copies of agendas for Saturday meetings trustees held under the guise of evaluating the performance of then-Superintendent Fleming ...”

Volzke is the publisher of the Capistrano Dispatch.

Trustees stretch to make excuses for Brown Act violations

Feb 23, 2007 Filed in: Open Meetings

Jonathan Volzke, The Capistrano Dispatch “While employee performance evaluations are allowed to be discussed privately, trustees relied on the reasoning that since Fleming was responsible for anything that happened in the school district, a wide range of topics could be discussed privately.”

Volzke is the publisher of the Capistrano Dispatch.

Trustees admit no wrongdoing, but settle and pay Lackey's attorney fees

Feb 23, 2007 Filed in: Open Meetings

Jonathan Volzke, The Capistrano Dispatch “Trustees admitted no wrongdoing in the settlement, but agreed to pay $16,000 in legal fees for Dana Point resident Ron Lackey and undergo training in the Ralph M. Brown Act, the state’s public meeting law.”

Volzke is the publisher of the Capistrano Dispatch.

Recall was unsuccessfull but touched off series of events

Feb 23, 2007 Filed in: Recall Campaign 2005

Jonathan Volzke, The Capistrano Dispatch “The recall was unsuccessful but ultimately touched off a series of events that saw the district’s spokesman retire and leak several inflammatory documents to the public, Fleming retire after 15 years at the helm, one longtime trustee decision to not seek re-election, while two other incumbents ran but lost their normally safe seats. Other high-ranking district officials targeted by district critics have also retired.” 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 Filed in: Waldrip Investigation

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.

McCully blames $9 million shortfall on bad decisions

Feb 23, 2007 Filed in: Budget

Jonathan Volzke, The Capistrano Dispatch "District officials are grappling with a $9 million shortfall, which interim Superintendent Chuck McCully has laid on the shoulders of bad decisions: a repeated practice of spending next year’s money this year and continually dipping into reserves rather than making cuts along the way." Volzke is the publisher of the Capistrano Dispatch.

McCully says district could save with in-house lawyer

Feb 23, 2007 Filed in: Budget

Jonathan Volzke, The Capistrano Dispatch "McCully also announced the district should consider hiring an in-house lawyer to cut its $2 million legal bill..." Volzke is the publisher of the Capistrano Dispatch.

Trustees cut 22 positions, but more cuts needed

Feb 23, 2007 Filed in: Budget

Jonathan Volzke, The Capistrano Dispatch "Trustees this month approved eliminating 22 positions, but still face more than $4 million in cuts." Volzke is the publisher of the Capistrano Dispatch.

Trustees hire criminal defense lawyers for Fleming and themselves

Feb 23, 2007 Filed in: Criminal Attorney Fees

Jonathan Volzke, The Capistrano Dispatch “Trustees in September unanimously agreed to pay $400 an hour for the law firm of Ronald G. Bower and Associates to represent Fleming, while they hired defense attorney Paul Meyer at $395 to represent other district employees.” Volzke is the publisher of the Capistrano Dispatch.

Trustees agreed to pay Fleming's attorney if no evidence of wrongdoing

Feb 23, 2007 Filed in: Criminal Attorney Fees

Jonathan Volzke, The Capistrano Dispatch “... when trustees agreed to Fleming’s request to pay his attorney, they said they would do so as long as there was no evidence of wrongdoing on his part.” Volzke is the publisher of the Capistrano Dispatch.

Parents tell Trustees about Fleming misconduct identified by Waldrip

Feb 23, 2007 Filed in: Criminal Attorney Fees

Jonathan Volzke, The Capistrano Dispatch "Parents this month told trustees their independent report found Fleming acted inappropriately more than once – including sending district officials to the Registrar of Voters to gather the names of parents who circulated recall petitions against trustees. District employees then used school records to match the names of the political activists to information about their children.” Volzke is the publisher of the Capistrano Dispatch.

CUSD eliminates top guidance counselor as budget-cutting measure

Feb 18, 2007 Filed in: Budget

Debbie Morgan, The Orange County Register "I hope they find somebody with a heart as big as their brain to run it. And that they invest time and money to keep it going. It has been a true life link for a lot of people, parents and kids." A week after the district eliminated her job as top guidance counselor in CUSD as a budget-cutting measure, Morgan expressed her hopes for the district's guidance center.

PTA leader presumes to know what's best for Morgan and ignores impact on children

Feb 18, 2007 Filed in: Budget

Jennifer Timm, The Orange County Register "She [Debbie Morgan] has a lucrative business opportunity waiting for her outside the school district. Parents will pay for her. She has an established client base. She hasn't asked for one, but she's got one." Spoken like a true PTA political operative -- excuse the district's financial faux pas and downplay the real, unfulfilled needs of the kids, which will be made all the worse with the termination of the district's top guidance counselor. Thanks, Jennifer. Bet you won't lose any sleep over this one. See you at the next PTA-sponsored parent fundraiser.

Parent expresses concern about impact elimination of guidance counselor will have on children

Feb 18, 2007 Filed in: Budget

Donna Furniss, The Orange County Register "We're forgetting about the middle-of-the-road child. My child is one of them. The only place I got help was Debbie [Morgan]. He has a 2.7 GPA, but he's bringing it up. Why is he bringing it up? He had someone who cared." Furniss is a CUSD parent.

Parent calls traffic conditions at Tesoro High School dangerous, nightmare

Feb 16, 2007 Filed in: Traffic and Safety

Jeanne Johnson, The Ladera Post "For two miserable years I have driven my granddaughter to Tesoro High in the morning before I go to work in San Clemente. What a nightmare it has been. I have raised my granddaughter for 12 years on my own and this has been one of the most trying things I’ve had to contend with, along with raising a teenager. It usually takes 35 minutes out of my morning to get her to school. I also think it is very dangerous for new teenagers driving to school, as cars are quickly cutting in front of other cars with very short or no notice, or turning from a lane they shouldn’t turn from. I pray this construction schedule will happen soon ... We built a high school with only one entrance to the school and now over 3,000 kids attend it. And of course the traffic planning was overlooked. What happened? Johnson is a resident of Rancho Santa Margarita.

Newhart is example why city has concern over proposed district-wide EIR

Feb 16, 2007 Filed in: Portables

Trish Kelly, Saddleback Valley News “I believe our city should be concerned about giving the school district the ability to approve a district-wide EIR and one of our prime examples is Newhart Middle School.” The Mission Viejo City Council unanimously gave authorization to Councilwoman Trish Kelley, who made the request, to send a letter to Capistrano Unified School District Board of Trustees urging them to rescind the approval of a blanket Environmental Impact Report that would cover every school in the district. Kelley said the EIR would allow the school district to maximize the use of portable classrooms at all school sites.

Poor conditions at Newhart and related impacts in city agenda report

Feb 16, 2007 Filed in: Portables

Amanda Glowish, Saddleback Valley News “The majority of classrooms on the Newhart campus are portables and the increase in student population has had a detrimental impact on the surrounding neighborhoods where many students are dropped off and picked up, according to [Trish] Kelley’s agenda report.” Glowish is a reporter for The Orange County Register.

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

Feb 16, 2007 Filed in: Culture of Corruption

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.

Reader critical of traffic planning at Tesoro High School

Feb 16, 2007 Filed in: Traffic and Safety

Jeanne Johnson, Letter to the Editor, The Ladera Post "We built a high school with only one entrance to the school and now over 3,000 kids attend it. And of course the traffic planning was overlooked. What happened?"

Trustees agreed to pay Fleming's attorney fees as long as no evidence of wrongdoing

Feb 13, 2007 Filed in: Criminal Attorney Fees

Jonathan Volzke, The Capistrano Dispatch “The district is under investigation by the Orange County Grand Jury for a litany of alleged acts of wrongdoing, and trustees agreed to pay Fleming's attorney, as long as there was no evidence he acted inappropriately.” Volzke is the publisher of the Capistrano Dispatch.

Independent investigator found evidence of Fleming's wrongdoing

Feb 13, 2007 Filed in: Criminal Attorney Fees

Jonathan Volzke, The Capistrano Dispatch “The independent investigation commissioned by the district found Fleming sent district employees to the Registrar of Voters office to review recall petitions -- that alone is illegal -- and then coupled the names of political activists with district information about their children. Parents told the board on Tuesday that should be enough to cut off Fleming's attorney payments.” Volzke is the publisher of the Capistrano Dispatch.

Waldrip confirms two lists linking childrens names to activists

Feb 10, 2007 Filed in: Waldrip Investigation

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.

Subcontractor says CUSD payment delays among worst in 30 years

Feb 08, 2007 Filed in: Administration Building

Russ Patterson, Laguna Niguel News "...the district’s delays ‘are among the worst’ in his 30 years of working with public agencies.”

Patterson comments on the district's refusal to pay $1.6 million to various contractors in connection with the construction of the new administration building. Patterson is president of The Patterson Company, a subcontractor that did $310,000 in masonry work on the project, which has been completed and occupied by the district for several months.

Reader has no sympathy for CUSD parents who chose nice homes instead of good school district

Feb 06, 2007 Filed in: Inter-District Transfers

Carol Veravanich reader comment, The Orange County Register "I have no sympathy for parents who want to transfer their kids into Saddleback Valley Unified School District. They chose their lovely homes and neighborhoods and then are unhappy with the school district because they put their needs before their kids' education." Veravanich is an experienced teacher and assistant principal who, as an Orange County Register columnist, answers readers' questions each week.

Reader says CUSD parents should improve CUSD instead of transferring to Saddleback Unified

Feb 06, 2007 Filed in: Inter-District Transfers

Carol Veravanich reader comment, The Orange County Register "We chose our schools and then selected our home in the neighborhood where our children did not need to take the bus, but could walk to all three schools - including MVHS. It has been a wise decision. Capo Valley school district parents need to improve their schools, not transfer into SVUSD." Veravanich is an experienced teacher and assistant principal who, as an Orange County Register columnist, answers readers' questions each week.

CUSD is investigating transfers and rounding up violators

Jan 31, 2007 Filed in: Inter-District Transfers

Carol Veravanich, The Orange County Register “It is much more difficult to transfer from Capistrano Unified School District ... Apparently, the district is spending some time investigating transfers and rounding up those trying to attend school outside their boundaries.” Veravanich is an experienced teacher and assistant principal who, as an Orange County Register columnist, answers readers' questions each week.

RSM city council letter urging CUSD to abandon blanket EIR

Jan 26, 2007 Filed in: CEQA Blanket EIR

Alejandra Molina, Rancho Santa Margarita News "The city will send a letter to Capistrano Unified School District, urging it to abandon the preparation of an environmental report studying the effect of maximizing the number of portable classrooms at schools. The City Council on Wednesday voted 5-0 to authorize Mayor Tony Beall, who made the recommendation, to send the letter." A report to the City Council, written by Beall, says the environmental report would threaten the 1,050-student cap at Arroyo Vista, a kindergarten through eighth-grade campus, and possibly lead to higher enrollment at crowded Tijeras Creek Elementary.

RSM mayor pro tem dissappointed with interim superintendent over blanket EIR

Jan 26, 2007 Filed in: CEQA Blanket EIR

Gary Thompson, Rancho Santa Margarita News “We thought we had an interim superintendent who was actually going to come in there and make some good changes.” RSM Mayor Pro Tem Gary Thompson opposes the district-wide environmental impact report. Discussions about the report stirred hard feelings from last year’s conflicts with then-Superintendent James Fleming and the school board. In December 2005, school trustees voted to contract for the report. Reform trustee Larry Christensen wants the board to discuss abandoning the study in its Feb. 12 meeting.

CUSD proposes blanket EIR to maximize portables throughout the district, City of RSM opposes EIR

Jan 26, 2007 Filed in: CEQA Blanket EIR

Alejandra Molina, The Ladera Post "The Rancho Santa Margarita City Council backed Mayor Tony Beall in sending a letter to Capistrano Unified School District, urging it to abandon the preparation of an environmental impact report. The EIR would study maximizing the number of portable classrooms on each of the district’s school sites. The discussion recalled hard feelings left from last year’s conflicts with then-Superintendent James Fleming and the CUSD board." The proposed blanket EIR is particularly offensive, since Marlene Draper and other CUSD leaders assured voters during the recall and ABC reform slate campaigns that CUSD had a "strategic plan" to remove portables. Now, just weeks after the November election, CUSD is scheming to circumvent the environmental process with a district-wide EIR for the purpose of "maximizing" the number of portables at every CUSD campus. Molina is a reporter for the Orange County Register.

RSM mayor makes audit of Mello-Roos spent by CUSD a top priority

Jan 26, 2007 Filed in: RSM Mello-Roos Audit

Tony Beall, Rancho Santa Margarita News “I want to know how that happened and I want to see our residents’ tax dollars stay in our city.” After learning that the Capistrano Unified School District used Rancho Santa Margarita Mello-Roos funds, along with bonds from Mission Viejo, Aliso Viejo, San Juan Capistrano and Talega, to help pay for a new administration building, RSM Mayor Tony Beall put the completion of the audit on top of his to-do list.

RSM mayor pro tem requested audit of Mello-Roos taxes spent by CUSD

Jan 26, 2007 Filed in: RSM Mello-Roos Audit

Gary Thompson, Rancho Santa Margarita News “I think it’s important that the residents and the businesses that pay Mello Roos fees in their property tax have a comfort level knowing that the money got spent as it was intended.” RSM Mayor Pro Tem Gary Thompson requested the audit.

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

Jan 25, 2007 Filed in: Express Advocacy

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.

RSM Mayor Tony Beall expresses hopes for CUSD in 2007

Jan 12, 2007 Filed in: ABC Reform Campaign

Tony Beall, Rancho Santa Margarita News “Over the past five years, the biggest challenges and controversies our city has been forced to deal with have come from inappropriate actions taken by leaders of the Capistrano Unified School District. I am pleased that with the departure of former Superintendent Fleming and the recent election of three new trustees to the school board, the stage has finally been set for real school district reform.”

Waldrip report revealed two enemies lists

Jan 11, 2007 Filed in: Waldrip Investigation

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 Filed in: Waldrip Investigation

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 Filed in: Waldrip Investigation

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 Filed in: Waldrip Investigation

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 Filed in: Waldrip Investigation

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 Filed in: Waldrip Investigation

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 Filed in: Waldrip Investigation

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.

Trustees Draper, Benecke, Darnold and Stiff knew about enemies list and "mole"

Jan 11, 2007 Filed in: Enemies Lists

Barbara Casserly, The Capistrano Dispatch "CUSD Trustees knew that Jim Fleming was actively involved in fighting the recall and voted to fund an investigation into matters which they knew to have occurred that cost taxpayers over $35,000! ... included in the [Waldrip] report is an April 21, 2005 memo written by James Fleming addressed to Marlene Draper and the entire CUSD Board entitled the “Report on presumed recall effort” that referred to the parent list, and included a report from a “mole” that infiltrated the recall group. The Trustees continued to support Jim Fleming until he retired in disgrace in August 2006, and subsequently voted to pay Fleming’s criminal legal defense fees. Trustees Draper, Benecke, Darnold and Stiff refuse to acknowledge that they knew Jim Fleming was illegally fighting the recall. The self-serving “independent” investigation concluded that the only crime that might have occurred was the leaking of documents by Smollar!" Casserly is a Mission Viejo resident and PTA leader.

Waldrip confirms students names were used even after recall campaign over

Jan 11, 2007 Filed in: Waldrip Investigation

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 Filed in: Waldrip Investigation

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 Filed in: Waldrip Investigation

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 Filed in: Waldrip Investigation

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 Filed in: Waldrip Investigation

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 Filed in: Waldrip Investigation

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 Filed in: Waldrip Investigation

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 Filed in: Waldrip Investigation

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 Filed in: Waldrip Investigation

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 Filed in: Waldrip Investigation

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 Filed in: Waldrip Investigation

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 Filed in: Waldrip Investigation

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 Filed in: Waldrip Investigation

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 Filed in: Waldrip Investigation

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 Filed in: Waldrip Investigation

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 Filed in: Waldrip Investigation

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 Filed in: Waldrip Investigation

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 Filed in: Waldrip Investigation

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 Filed in: Waldrip Investigation

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.

Mission Viejo firm hired by CUSD to find new superintendent

Jan 05, 2007 Filed in: Superintendent

Amanda Glowish, Saddleback Valley News "Mission Viejo-based Leadership Associates was hired by the Capistrano Unified School District trustees to find a superintendent for the 50,000-student school district. The new superintendent will replace Charles McCully before the end of the school year. McCully has led the district since August, when James Fleming retired as superintendent." Glowish is a reporter for The Orange County Register.

Waldrip hired at $400 per hour to investigate specific issues

Jan 05, 2007 Filed in: Waldrip Investigation

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.

Trustee Bryson cautions district's reserves dangerously low

Jan 04, 2007 Filed in: Budget

Anna Bryson, The Orange County Register "We're at 2.4 percent (reserves). Two percent is considered risky. We have to look at everything and be prepared for everything to protect the taxpayers." Bryson is one of the "ABC" reform slate candidates, who won a seat on the CUSD Board of Trustees in the November 2006 general election. Bryson said she is particularly worried about the district's reserves, which have been drawn down in recent years to pay for employee salary increases without cutting services.

Trustee Bryson considers FCMAT to help with CUSD's fiscal crisis

Jan 04, 2007 Filed in: Budget

Sam Miller, The Orange County Register “Anna Bryson said she asked district staff to put together a report on what role the Fiscal Crisis and Management Assistance Team could play in CUSD, and how much it would cost to hire FCMAT.” FCMAT conducts management reviews for California school districts, charter schools and community colleges. Its experts can review and recommend policies in various areas of education administration, ranging from student transportation to special education. Miller is the South Orange County education reporter for The Orange County Register.

Smollar believes he did right thing as whistleblower

Jan 03, 2007 Filed in: Culture of Corruption

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.

Taxpayers should not pay Draper's criminal defense lawyer fees

Jan 02, 2007 Filed in: Criminal Attorney Fees

Gary Thompson, Trabuco Canyon News “The CUSD Trustees should not ask the taxpayers to spend one penny on a criminal lawyer to defend Trustee Draper. If she broke the law, she should be held accountable and should pay for her own criminal defense – just like anybody else.” Thompson is Mayor Pro Tem of the City of Rancho Santa Margarita.

Reform trustee promises to put kids first, accountability and transparency

Jan 02, 2007 Filed in: ABC Reform Campaign

Larry Christensen, The Capistrano Dispatch “We will put the best interests of the children and the taxpayers above all other interests in each decision we make. We will ask tough questions, hold the CUSD administrative staff accountable for their actions, and work to create a transparent organization that is responsive to our community.” Christensen is one of the "ABC" reform slate candidates, who won a seat on the CUSD Board of Trustees in the November 2006 general election.

Reform trustee acknowledges November 2006 reform mandate

Jan 02, 2007 Filed in: ABC Reform Campaign

Ellen Addonizio, The Capistrano Dispatch “This is a clear mandate for change." Addonizio is one of the "ABC" reform slate candidates, who won a seat on the CUSD Board of Trustees in the November 2006 general election.

Fleming trustees remain only because they weren't on the ballot

Jan 02, 2007 Filed in: ABC Reform Campaign

Tom Russell, The Capistrano Dispatch “The only reason those four incumbents remain on the board is because they weren’t on the ballot. If they use their four-member majority to frustrate the voters’ demand for reform, I believe the voters will remove them from office as well.” Russell is the spokesperson for the CUSD Recall Committee. He made this statement after being asked whether the four incumbent Trustees posed an obstacle to achieving reform in the scandal-ridden school district.

Voters understood need for reform; Fleming trustees in denial

Jan 02, 2007 Filed in: ABC Reform Campaign

Tom Russell, The Capistrano Dispatch “The CUSD incumbents have been in denial about the need for reform – they just didn’t get it – but the voters did.” Russell is the spokesperson for the CUSD Recall Committee. The ABC Reform Slate candidates ran with the financial backing, endorsement and volunteer support of the CUSD Recall Committee. The previous year, the CUSD Recall Committee gathered more than 177,000 signatures in an effort to recall all seven members of the CUSD Board of Trustees.

ABC slate ran on platform to reform CUSD corruption

Jan 02, 2007 Filed in: ABC Reform Campaign

Mike Winsten, Trabuco Canyon News “The ABC Reform Slate candidates ran on a reform platform, vowing to restore honesty, integrity and accountability to CUSD – a school district whose leaders are involved in a number of high-profile scandals and who are currently the subject of a criminal investigation being conducted by the Orange County District Attorney and Grand Jury.”

Voters give ABC slate reform mandate in 3-way landslide victory

Jan 02, 2007 Filed in: ABC Reform Campaign

Mike Winsten, Trabuco Canyon News “The three "ABC Reform Slate" candidates -- Ellen Addonizio, Anna Bryson and Larry Christensen -- won easy election victories over two incumbents and five other challengers to become the newest trustees of the Capistrano Unified School District ... All three reform candidates won by impressive 17% to 18% margins, clearly demonstrating the voters' dissatisfaction with the current leadership.”

Criminal defense lawyers for Fleming and trustees will be paid from general fund

Jan 02, 2007 Filed in: Criminal Attorney Fees

Mike Winsten, Trabuco Canyon News “The Trustees unanimously approved the engagement of a $400/hour criminal defense attorney to represent former Superintendent James Fleming and a $395/hour criminal defense attorney to represent themselves in connection with the on-going criminal investigation. These costs will come directly out of the district’s General Fund.”

Draper voted to approve environmental reports prepared by daughter

Jan 02, 2007 Filed in: Conflicts, Nepotism

Mike Winsten, Trabuco Canyon News “Draper’s daughter, Shawna Schaffner, works for CUSD’s primary environmental consulting firm, Culbertson, Adams & Associates. Schaffner was personally responsible for producing numerous environmental reports and documents that were submitted and approved by Draper and the rest of the Board of Trustees.”

Enormous salary increases paid to two of CUSD's worst offenders

Jan 02, 2007 Filed in: Budget

Mike Winsten, Trabuco Canyon News “CUSD provided three enormous salary increases to two of CUSD’s most controversial deputy Superintendents -- Dan Crawford and David Doomey. ... Doomey (who many believe is the person most responsible for creating the CUSD portable classroom crisis) admitted CUSD had provided “misinformation” to the public as to how CUSD would fund the new $52,000,000 administration office ... During the recall, Crawford was roundly criticized for publishing a letter in the O.C. Register that grossly understated the total number of portable classrooms actually utilized by CUSD.”

Trustees tried to conceal settlement involving millions in illegal, closed session

Jan 02, 2007 Filed in: Open Meetings

Mike Winsten, Trabuco Canyon News “The minutes from the illegal July 30, 2005 CUSD closed session meeting which were published in the O.C. Register reveal that Draper attempted to conceal the terms of a multi-million dollar settlement with the construction contractor for the infamous $52,000,000 administration building. Despite the fact that CUSD had a “Guaranteed Maximum Price” contract with Valley Commercial Contractors to construct the building, CUSD agreed to pay an additional $3.8 million in settlement costs without any public explanation.”

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

Dec 14, 2006 Filed in: Culture of Corruption

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

Dec 14, 2006 Filed in: Culture of Corruption

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

Dec 10, 2006 Filed in: Culture of Corruption

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.

Fleming trustees in denial, refuse to take responsibility for CUSD misdeeds, attack critics instead

Dec 10, 2006 Filed in: Conflicts, Nepotism

Brad Goff, The Orange County Register “To date, no one in the administration and not a single CUSD board member has taken personal responsibility for any of the district’s past wrongdoings. To the contrary, the last two board meetings (since the election) have seen trustees go on tirades against the recall folks, the teacher’s union president and the Orange County Register writer who reported on many of the misdeeds.” 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

Dec 10, 2006 Filed in: Culture of Corruption

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

Dec 10, 2006 Filed in: Culture of Corruption

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.

Critics right, district admits lies about admin building funding but says "move on" with no accountability

Dec 03, 2006 Filed in: Recall Campaign 2005

Editorial, The Orange County Register "Another source of frustration for parents supporting the recall was the district’s spending of $35 million on a bluff-top administration building, even as many schools in the district were stuck with inadequate portable classrooms. That seemed to epitomize the mentality at the district under Mr. Fleming’s reign. Critics had argued that funds for the headquarters were coming from Mello-Roos fees paid in various cities, and that such money should not be used for an administration building. District officials responded that the building was paid for with redevelopment funds from San Juan Capistrano. At a meeting Nov. 28 organized by Mr. McCully to account for the district’s school construction and renovation program – itself, a good idea that promotes openness and accountability – the district admitted the critics were right. “[CUSD] officials acknowledged for the first time ... that they had misled the public about how they would pay for a new administration building, but urged the public to move on now that the correct information has been revealed,” the Register reported."

Recall campaign set stage for ABC Reform Slate victory in November 2006 general election

Dec 03, 2006 Filed in: Recall Campaign 2005

Editorial, The Orange County Register "Mr. Fleming was a creative and aggressive administrator, but there’s little doubt that he led the district into some troubling areas. Although the recall effort never made it to a ballot, three of Mr. Fleming’s supporters on the school board were bounced from office on Election Day. The message to the district that voters had gotten tired of the controversy and arrogance apparently has been heard, loud and clear."

Doomey admits public was misled, but takes no responsibility as public is told to "move on"

Nov 30, 2006 Filed in: Administration Building

Dave Doomey, The Orange County Register "Twice, Doomey was asked Tuesday why the public was misled. 'It was misinformation that was provided. It was corrected this evening,' Doomey said. 'But why,' somebody asked. 'I can’t answer that question,' he said, and moved on, despite insults hurled from the back of the room."

Associate Superintendent Doomey was finally forced to admit that the district had lied about the funding sources for the new administration building, but he continued to stonewall parents who wanted explanations for this deceitful conduct, avoiding all blame or accountability and, in essence, expecting offended constituents, who had been deceived about the spending of tens of millions of tax dolars, to simply "trust" him and the district ... again.

Soderberg critical of Trustees' budget decisions that repeat same mistakes

Nov 24, 2006 Filed in: Budget

Vicki Soderberg, The Orange County Register “If you budgeted in salary increases for employees, you wouldn’t have to cut anything ... You’re taking this new money and putting it in other places, and you’re telling me you have to cut? It seems like a continued pattern.” Soderberg is president of the Capistrano Unified Education Association, a teachers union.

Trustees avoided cuts and paid raises during recall by depleting reserves

Nov 24, 2006 Filed in: Budget

Sam Miller, Saddleback Valley News “It is a turnaround from last year, when the district gave teachers a raise, reinstated spending such as the popular class-size reduction program and avoided cuts that officials had warned were pending. The district avoided those cuts last year by spending reserve funds down to the legal minimum of 2 percent. No such cushion exists this year. Those reserves are gone, while services, programs and employees must still be funded.”

McCully identifies Trustees' budgeting failures and challenges

Nov 24, 2006 Filed in: Budget

Charles McCully, The Orange County Register “The district was in essence spending next year’s money this year ... We have to get out of that cycle and get back on a normal cycle ... The $9 million for next year will be much more difficult ... And it will have a more significant impact on the overall total picture.” Interim Superintendent McCully announces major cuts this year and next, ending a brief period of optimism that had depended largely on spending down reserves. Though the district will receive 8.5 percent more revenue from the state, McCully suggested mid-year cuts of about $9.4 million at the Dec. 11 board meeting, and said the district will work on eliminating at least $9 million in additional ongoing costs beginning next year.

CUSD says intersection improvements needed for new high school

Nov 07, 2006 Filed in: Traffic and Safety

Shawn Lohman, The Orange County Register "Without La Pata improvements or intersection improvements (at Ortega) there would be an impact on the high school." Lohman is the director of facilities planning for the CUSD.

Reader thinks term limits would lessen divisiveness and bring accountability

Oct 22, 2006 Filed in: Culture of Corruption

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

Oct 12, 2006 Filed in: Culture of Corruption

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

Oct 12, 2006 Filed in: Culture of Corruption

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

Oct 12, 2006 Filed in: Culture of Corruption

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

Oct 12, 2006 Filed in: Culture of Corruption

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

Oct 12, 2006 Filed in: Culture of Corruption

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.

Candidate LeBon self-destructs in hilarious, humiliating spectacle before GOP nominating committee

Sep 20, 2006 Filed in: ABC Reform Campaign

Frank Mickadeit, The Orange County Register "Not that the Republicans’ process has been seamless or without drama punctuated by moments of wonderment and hilarity. Last week, for example, Capo schools candidate Kathleen LeBon stood before the very committee she wanted to OK her endorsement and questioned members’ integrity, leading to a protracted argument. Not only did she not get the nod, but the GOP specifically endorsed against her (one of only six such declarations it made.)” Mickadeit is a columnist for the Orange County Register.

Supervisors refer ROV investigation to Election Center to avoid dealing with controversy directly

Sep 18, 2006 Filed in: Registrar of Voters

Editorial, The Orange County Register "The Orange County Board of Supervisors has seemed reluctant to tackle a potentially serious problem in one of the most important offices in the county: the Registrar of Voters. If the registrar is not operating efficiently or fairly, the public could start to question the validity of the entire election process. It would be troubling to head down that road ... Rather than deal with the problem directly, the Board of Supervisors hired ... the Houston-based Elections Center, to review the specific allegations regarding the Orange County registrar's behavior in the Capo recall fracas."

Like Waldrip, the Election Center was good choice for a whitewash investigation

Sep 18, 2006 Filed in: Registrar of Voters

Editorial, The Orange County Register "The Elections Center is a trade group that represents registrars and election workers. Its Web site is filled with information about how hard they work, etc., so the skeptic in us thought it unlikely that the center would be too harsh with one of its own. We weren't surprised, then, by the tone or conclusions of the investigation. It confirmed problems that have been printed in the newspapers, but excused Mr. Kelley's behavior: Yes, he made mistakes, but he didn't mean to."

Registrar's errors leaned suspiciously in school district's favor

Sep 18, 2006 Filed in: Registrar of Voters

Editorial, The Orange County Register "We find it odd that all of the registrar's mistakes leaned in one direction, especially in light of Mr. Smollar's accusations ... For instance, the possibly illegal action involved showing signed petitions, including names and addresses of the signers, to the Capo district. The registrar also incorrectly told the district that the recall election would cost the school district $600,000, when in reality the county pays for such elections. This mattered because the district then used that information as a prime part of its campaign against the recall. The report said Mr. Kelley learned about his mistake in December but didn't disclose that information for another month, according to published reports."

Election Center prepared report without input from key witness

Sep 18, 2006 Filed in: Registrar of Voters

Editorial, The Orange County Register "David Smollar, the former district spokesman who blew the whistle on the wrongdoing, told the Register that he was told by an elections official and by a colleague in his district that Mr. Kelley was bending the rules to allow them to see the petitions. Yet Mr. Smollar said that the Elections Center never tried to contact him, despite claims by the center that it did leave messages."

Election Center report cost $25,000, resolved no material issues and offered trival suggestions

Sep 18, 2006 Filed in: Registrar of Voters

Editorial, The Orange County Register "The Board of Supervisors is left in the same place it was before it spent $25,000 on this report: There is still debate over the competence and fairness of how the registrar's office is being run. The board needs to decide – publicly, we prefer, and after hearing from Messrs. Smollar and Kelley – if this is the way they want elections handled in Orange County ... The report did offer a range of banal, but useful suggestions. For instance, it recommended that written procedures should be developed to handle recalls and that user-friendly handouts should be available for petitioners."

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

Sep 15, 2006 Filed in: Culture of Corruption

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.

Judge rules CUSD's "guiding principle" effectively discriminated based on race

Sep 04, 2006 Filed in: Racial Gerrymandering

Editorial, The Orange County Register “The ‘general guiding principle’ [of CUSD’s attendance boundaries] that no school shall have a ‘minority’ population greater than 35 percent limits the number of positions available at each high school for members of different ethnicities, effectively discriminating based on race,” the judge ruled. “This is in direct contravention of the state constitution as amended by Proposition 209.”

CUSD should view people as individuals, not members of racial groups

Sep 04, 2006 Filed in: Racial Gerrymandering

Sharon Browne, The Orange County Register “Our public schools should teach students to view people as individuals rather than members of certain racial groups.” That’s the right guiding principle – one that CUSD’s leadership should readily embrace. Browne is a Pacific Legal Foundation principal attorney.

Racial gerrymandering another symptom of arrogant CUSD leadership

Sep 04, 2006 Filed in: Racial Gerrymandering

Editorial, The Orange County Register "CUSD is in the midst of a heated school board race, with many allegations of mismanagement hovering over the current board. The racially gerrymandered boundaries are another symptom of an arrogant district leadership. Instead of continuing the fight, the Capo Unified board – regardless of who wins election in November – should throw out its attendance boundaries and put together new ones that treat race and ethnicity in a neutral manner, as mandated by the law."

Judge rules CUSD's racial gerrymandering violates Prop 209

Sep 04, 2006 Filed in: Racial Gerrymandering

Editorial, The Orange County Register "As Capistrano Unified School District Superintendent James Fleming retired under a cloud of controversy, Orange County Superior Court Judge Gail Andler issued a ruling Aug. 25 that is the equivalent of the door hitting Mr. Fleming on the backside as he left the building. The judge ruled that Capo Unified’s racially gerrymandered school attendance boundaries violate Proposition 209, which bans state and local governments from discriminating on the basis of race or ethnicity."

Many thought the proposed great expense of the new admin building was a joke

Aug 31, 2006 Filed in: Administration Building

Pat Plepler, Dana Point News "Many of us raised eyebrows when the expenditure for the administration building was first announced, while thinking they were surely joking. But no, all jokes aside, while Junior walked to school toting a heavy load of books each day, to attend classes in a temporary building, the "supers" enjoyed their grandiose dreams." Guest columnist Plepler is a Dana Point resident.

If possible, admin building should be sold and money spent on facilities and supplies for the children

Aug 31, 2006 Filed in: Administration Building

Pat Plepler, Dana Point News "Money once spent cannot be unspent ... unless ... unless ... that grand edifice could be sold to some large business venture and, following that, the "support staff" put in Quonset huts. (Many of you will not remember Quonset huts; others never heard of them at all. Springing up during World War II, they were somewhat like the temporary buildings we use for classrooms, only even more temporary.) As for the money recovered from the sale of the fancy new building, put it where it is most needed, and no, I don’t mean teacher’s salaries. I mean things to directly benefit kids, like decent, clean buildings, large enough to accommodate as many as needs be, with lockers for all, books for all, a library in each. From all that I read, hear, and observe, we have top notch teachers here." Guest columnist Plepler is a Dana Point resident.

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

Aug 24, 2006 Filed in: Culture of Corruption

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

Aug 21, 2006 Filed in: Culture of Corruption

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

Aug 21, 2006 Filed in: Culture of Corruption

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

Aug 21, 2006 Filed in: Culture of Corruption

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

Aug 21, 2006 Filed in: Culture of Corruption

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."

Recall effort focused attention on CUSD, raised public awareness

Aug 21, 2006 Filed in: Recall Campaign 2005

Editorial, The Orange County Register "The recall will not move forward, after an insufficient number of valid signatures was turned in. Yet the recall effort sparked a closer look at the district and how it has done business."

Smollar explains enenies list facts to dispell drivel of Fleming sychophant Erin Kutnick

Aug 10, 2006 Filed in: Enemies Lists

David Smollar, The Capistrano Dispatch "James Fleming denied for two weeks the existence of any hit list, even though the OC Register had three versions of such a list. He first had Asst. Supt. Susan McGill tell the Register that it must be a list from the Registrar of Voters. (Interesting that he remembered his Registrar list instantly, although he later lied to the OC Register and LA Times that he had ever received that list.) The OC Register then faxed him the first two pages of one version to “refresh his memory.” He still claimed no knowledge of the list, and then said that any such list would have been prepared by me! He had special software ordered to put on my old computer to find the list. (Sorry, Jim, I never had it.) He made available to the media various sycophants in his employ, including Dan Crawford and Jeff Bristow, to say what a miserable, disgruntled employee I was (Hmmm, I worked 4 1/2 years under Fleming, and never received any evaluation, oral or written, complaining about my performance.) The Register, fortunately, had the facts and printed the article. And then a week later—two weeks after first asked about the list—lo and behold the good Dr. Fleming issues reams of paper worthy of Rube Goldberg to explain that the list was all part of a hacking investigation. Of course! Just slipped his mind. How risible! To conduct a hacking probe, you don’t need to compile an extensive list of 150 parent names, including the schools attended by their kids and replete with special notations on 40 of the individuals. And Fleming still hasn’t said who created the list, which he now admits was in his possession. “Journalist” Kutnick conveniently glides over the fact that Fleming ordered me to withhold the list from Kevin Murphy, as well as a memo to Fleming from security director Ed Kovac, despite the fact that they were public documents from files in Fleming’s office." Kutnick is a columnist for The Capistrano Dispatch. Smollar is the former Director of Communications at Capistrano Unified School District.

Smollar says preparation of such lists was Fleming's modus operandi

Aug 10, 2006 Filed in: Enemies Lists

David Smollar, The Capistrano Dispatch "But preparation of the list was modus operandi for Fleming. He’s not a great strategic mind; he thinks ahead about five minutes most of the time. He craves information, especially on his many detractors. And he craved information about the recall people. Just examine the raft of e-mails and memos that Fleming prepared and sent across the CUSD universe of parents, principals administrators the weekend of April 23-24, 2005, in preparation for the April 25 board meeting when recall notices were presented. He was consumed with the recall, and had just gotten the 150 names on April 21, off an intercepted Kevin Murphy e-mail. He surely wanted to know who they were. That’s his style. Fleming wrote to trustees on April 22 in a fax that the e-mail appeared to be a “veritable ‘who’s who’ list of San Juan Hills and Arroyo Vista NIMBYS as well as some of the more volatile opponents to the attendance boundary proposal.” The list could not have been done without Fleming’s express knowledge and direction, because its compilation would have required hours upon hours of tedious work using the district’s cumbersome Aeries student information system. No person in his or her right mind would otherwise have spent 10 hours-plus doing it." Kutnick is a columnist for The Capistrano Dispatch. Smollar is the former Director of Communications at Capistrano Unified School District.

Smollar exposes Erin Kutnick's blind eye concerning Fleming's serious public records and open meeting violations

Aug 10, 2006 Filed in: Open Meetings

David Smollar, The Capistrano Dispatch "Maybe Erin Kutnick could develop some journalism skills by exploring Fleming’s deliberate underreporting of his true 2004-05 compensation by some $65,000, or his efforts to subvert the public meetings act through bogus closed sessions on his “evaluation,” called by state Brown Act experts the worst violations they’ve seen in a quarter century! An easy question to start with: Why would Fleming even want to have mundane topics about school uniforms, calendars, etc. etc. in a closed session?" Kutnick is a columnist for The Capistrano Dispatch. Smollar is the former Director of Communications at Capistrano Unified School District.

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

Aug 10, 2006 Filed in: Express Advocacy

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 dares Erin Kutnick to cover Dave Doomeys role in soliciting political contributions from a list of district vendors

Aug 10, 2006 Filed in: Recall Campaign 2005

David Smollar, The Capistrano Dispatch "Maybe sleuth Kutnick could revisit Draper telling the Dispatch and other media that contributions from district contractors to the trustee’s Political Action Committee “Kids First” were made from the goodness of their hearts and weren’t solicited. Another not-so-little lie. The business division under Doomey printed out a list of major district vendors for Draper, as directed to do so." Kutnick is a columnist for The Capistrano Dispatch. Smollar is the former Director of Communications at Capistrano Unified School District.

Smollar reveals Erin Kutnick's bias in favor of, and expectation of preferred treatement from CUSD

Aug 10, 2006

David Smollar, The Capistrano Dispatch "Kutnick’s initial approach to me was not just as a Dispatch columnist, but as a Dispatch columnist and “friend of district” who expected inside information. She was less than pleased initially when I told her she’d be treated as any other reporter: with respect but not as a friend, since any good reporter, no matter how “friendly,” will slice and dice you, if they uncover evidence that allows them to do so. After that was clear, she called me occasionally for data, and I usually referred her to employees who had the information. Her columns didn’t really register much in the district office, one way or the other." 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

Aug 10, 2006 Filed in: Express Advocacy

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.

Smollar rejects Erin Kutnick's suggestion that better PR by Smollar could have averted recall

Aug 10, 2006 Filed in: Recall Campaign 2005

David Smollar, The Capistrano Dispatch "Kutnick’s snide little remark, that a better PR effort from me might have avoided the recall, is truly laughable. That old bromide -- “if only we had communicated better” -- apes the broken-record spoutings especially of Mike Darnold. He consistently bad-mouthed me to many, apparently never taking the time to peruse his weekly trustee packet from Fleming, filled regularly with positive articles about CUSD teachers and students published in the seven Register weeklies blanketing the district. Perhaps Fleming and Draper failed to mention to Kutnick the numerous op-ed articles I ghosted for Fleming in the LA Times, or the School News Roll Call newspaper I arranged for the district, or my success in keeping the two from being flailed by John Stoessel on ABC’s 20-20, and so on and so forth. The great pr ideas of a $10,000 consultant hired during the recall effort, at the insistence of Draper, were along the lines of bringing real estate agents to the district boardroom for a briefing and placing inspirational sayings on school marquees." Kutnick is a columnist for The Capistrano Dispatch. Smollar is the former Director of Communications at Capistrano Unified School District.

Smollar enlightens Erin Kutnick that no amount of PR could overcome facts of CUSD wrongdoings

Aug 10, 2006 Filed in: Recall Campaign 2005

David Smollar, The Capistrano Dispatch "Unfortunately, no communicator on Earth could stem community anger that built from genuine controversies over attendance boundaries, school overcrowding in Rancho Santa Margarita, machinations concerning San Juan Hills High and Dennis Gage, and the scope of an expensive new education center. As to the new center, maybe Kutnick could offer me suggestions on how to be a better communicator, when for more than three years Fleming never told me that the cost would be covered almost half through Mello-Roos fees, not solely from redevelopment funds from San Juan Capistrano. You may learn someday, Erin Kutnick, that your communication is only as good as the truth of the information given you by the people you have to trust for the truth. I learned about the center’s complicated financing only after real journalists filed public records requests for funding details." Kutnick is a columnist for The Capistrano Dispatch. Smollar is the former Director of Communications at Capistrano Unified School District.

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

Aug 10, 2006 Filed in: Culture of Corruption

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.

OC Register senior editor jubilant Fleming resigned

Jul 30, 2006 Filed in: Superintendent

Steven Greenhut, The Orange County Register "Other stuff happened, too, while I was away, such as the resignation of Capistrano Unified School District Superintendent James Fleming. Hooray. The Register reported that he had compiled a Nixonian enemies list of those who supported a school board recall." Greenhut is senior editorial writier and columnist for The Orange County Register.

Greenhut hopes Neal Kelley will resign due to acts of illegality and favoritism

Jul 30, 2006 Filed in: Registrar of Voters

Steven Greenhut, The Orange County Register "Before I left, I read that our new registrar of voters, Neal Kelley, illegally provided signature information to Fleming’s district. While I was gone, the L.A. Times reported that Kelley also provided info to the district about the progress of the recall – information he didn’t share with the other side. Such acts of illegality and favoritism undermine the sense of fairness that is essential in a registrar’s office. Maybe Kelley will follow the lead of Fleming and resign, which would at least cap a week of disturbing but typical news with something positive." Greenhut is senior editorial writier and columnist for The Orange County Register.

Greenhut emphasizes need for accountability among CUSD leadership

Jul 30, 2006 Filed in: Culture of Corruption

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.

Expert calls CUSD worst violator of state open-meetings seen in 25 years, calls for district attorney to file charges

Jul 27, 2006 Filed in: Open Meetings

Terry Francke, The Orange County Register "This seems to be one case for drawing a line in the sand. This is the worst example of a Brown Act violation in closed session I have ever seen in 25 years."

Francke reviewed staff notes on a CUSD closed-session meeting held July 30, 2005, during which 31 items of school business were discussed as part of the "superintendent's performance evaluation." Francke said, "I don't see any noted discussion on the superintendent's performance whatsoever." Francke is one of the state's foremost experts on open-meetings law. He is also general counsel for Californians Aware.

Clueless in The OC! No Fleming misdeed is too offensive for OC Superintendent Bill Habermehl

Jul 21, 2006 Filed in: State, County Oversight

William Habermehl, The Orange County Register "He's [Fleming] hired wonderful people there. He's got some of the finest teachers and administrators here and in the state. If you look at the growth that's taken place in the district, Jim has done an outstanding job. I'm very much a supporter of Jim Fleming."

Orange County Schools Superintendent William Habermehl said he felt sorry for Fleming and the Capistrano community because of the recent enemies list scandal. But despite that, he thought Fleming left a positive legacy – and a very attractive job opening. Looks like Habermehl has been drinking the CUSD Kool Aid. Hey Bill, you forgot to mention that test scores are high.

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

Jul 20, 2006 Filed in: Public Records

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.

Smollar confirms Fleming's and Trustees' amoral character

Jul 18, 2006 Filed in: Culture of Corruption

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.

Smollar says Flemings kept list of names ilegally obtained from registrar's office

Jul 12, 2006 Filed in: Enemies Lists

Editorial, The Orange County Register "Then, according to the July 11 Register, the district’s former director of communications, David Smollar, and another district official viewed the petition data at the registrar’s office and Mr. Smollar wrote down many names of recall signers, and then handed them over to Superintendent James Fleming. Mr. Fleming told the newspaper that he was uncomfortable with the list of names and handed them back to Mr. Smollar. But Mr. Smollar said that Mr. Fleming kept the list."

Registrar's conduct could undermine legitimacy of democratic process

Jul 12, 2006 Filed in: Registrar of Voters

Editorial, The Orange County Register "The registrar is charged with maintaining the integrity of the election process. The legitimacy of the democratic process can be undermined if the office charged with maintaining fair elections is viewed as unfairly helping one side in a recall election."

Registrar admits not knowing law restricting access to recall petitions

Jul 12, 2006 Filed in: Registrar of Voters

Editorial, The Orange County Register "[Kelly] adamantly defended the office’s methods, insisting that he followed the precise rules for counting. Yet it appears that Mr. Kelley’s office wasn’t quite so precise in carrying out the law when it came to handling the petitions, allowing Capo administrators and other community officials access to petition data. Mr. Kelley said his office was unaware at the time that state law allows only the 10 original recall proponents to see the data."

Fears of retribution among recall supporters not surprising

Jul 12, 2006 Filed in: Culture of Corruption

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

Jul 12, 2006 Filed in: Culture of Corruption

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."

Outside investigations in order for both CUSD and registrar

Jul 11, 2006 Filed in: Registrar of Voters

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."

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

Jul 11, 2006 Filed in: Express Advocacy

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."

Conflicts prevent independent investigation of Fleming by Trustees

Jul 11, 2006 Filed in: Waldrip Investigation

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.

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

Jul 11, 2006 Filed in: Culture of Corruption

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.

Fleming publishes CUSD's dishonest admin building spin, lies about savings, CSR and funding source

Jun 29, 2006 Filed in: Administration Building

James Fleming, Dana Point News "I am happy to say goodbye to our leases for five separate buildings scattered throughout our 195-square-mile district, especially as CUSD will now recapture $550,000 annually in lease payments for use to cover instructional-related programs such as third-grade class-size reduction. The new offices are owned by the district; the $35 million cost is paid with funds restricted to brick-and-mortar projects within the city of San Juan Capistrano." The district kept the leases anyway, putting Fresh Start children into the old administration building they said was too dangerous for administrators due to possible train derailments; the $550,000 they expected to "recapture" was offset by more than $1 million in annual interest payments for the financing of the new administration building; and Associate Superintendent Dave Doomey later admitted that the "restricted" construction funds story was a lie. Fleming is the Superintendent of the Capistrano Unified School District.

Fleming confirms selfish, misplaced priorities of trustees and staff

Jun 29, 2006 Filed in: Administration Building

James Fleming, Dana Point News "The CUSD Board of Trustees has taken a certain amount of heat for its decision, six years ago, to proceed with a comprehensive solution for housing student support services needed for a growing district. That decision was foresighted then, and even more so today." So, Fleming admits that six years ago, while the district was beginning a series of deficit budgets and student overcrowding and facilities deficiencies had become a crisis at schools like Capistrano Valley High School, CUSD was developing a "comprehensive" plan for its new administration building. During the CUSD Recall campaign in 2005, Trustee Marlene Draper tried to cover for CUSD's embarrassing, decrepit portable classrooms, telling the press that the district had a "strategic plan" to remove them - a plan that was at least two years old. Of course, Interim Superintendent Charles McCully later confirmed that no such strategic plan existed and, to add insult to injury, immediately following the recall campaign, the Trustees showed their true colors by voting unanimously to pay for a study to maximize portables at every campus in the district. Even if Draper had been telling the truth about the "strategic" plan for the kids, it wouldn't have held a candle to the "comprehensive" six-year plan the trustees and staff dishonestly and secretly carried out for the new administration building. Fleming is the Superintendent of the Capistrano Unified School District.

Fleming spins to justify Taj Mahal with more dishonest rhetoric

Jun 29, 2006 Filed in: Administration Building

James Fleming, Dana Point News "While we strive to keep our non-classrooms expenditures as low as possible, a growing public school district requires an adequate facility for well-trained support employees to provide instructional, fiscal, technological and maintenance help to our campuses." Fleming tries to justify the district's new administration building with half-truths that completely ignore the gross inequity of cramming students into substandard portables while splurging on administrative faciliites that aren't just nice, but according the press, is probably the nicest in the entire State of California (KCET, Life & Times) or even the country (ABC 20-20). Fleming is the Superintendent of the Capistrano Unified School District.

Kevin Murphy resigns as recall chairman

Jan 12, 2006 Filed in: Recall Campaign 2005

Jonathan Volzke, The Capistrano Dispatch "Murphy announced he is no longer involved with the recall group. The group, now based in Rancho Santa Margarita, said it would continue without him." Kevin Murphy, the San Juan man who launched the recall effort over new high school boundaries, San Juan Hills High School, the district’s $35 million administration building and other issues, said the effort was beset by internal struggles as groups from throughout the district merged.

Kevin Murphy declares his political life at an end

Jan 12, 2006 Filed in: Recall Campaign 2005

Keith Stroud, The Capistrano Dispatch “... after his defeat Kevin made a special point of attending a recent Friday morning coffee chat over at Metro Java ... where he very candidly accepted his defeat, answered all questions openly and honestly, and declared his political life at an end.” Stroud is a columnist for The Capistrano Dispatch.

Kevin Murphy a gracious gladiator? Hardly. While other leaders say "thanks," Murphy quits and points fingers

Jan 12, 2006 Filed in: Recall Campaign 2005

Keith Stroud, The Capistrano Dispatch “He has the feeling that there were those within his battle group who were pulling in opposite directions, which led to the downfall of the movement.” While the Recall Committee accepted Murphy's resignation and publicly announced that the people of South Orange County owed him a debt of gratitude for his role in the recall campaign, the best Murphy could do was blame other recall leaders for the failure of the recall campaign. Nice job Murphy ... that's leadership! Stroud, a columnist for The Capistrano Dispatch, called Murphy a "gracious gladiator" for his "honesty" and "candor," and even called him "honorable" for not mentioning the names of the recall leaders he was publicly smearing by innuendo -- the very kind of offensive conduct for which Stroud criticized other recall proponents in the same article. As a recall leader, Murphy had proven to be a toothless tiger, refusing to acknowledge or confront CUSD on issues of corruption to the delight of a school district sycophant like Stroud.

Potential for retribution most chilling aspect of enemies lists

Jan 11, 2006 Filed in: Enemies Lists

Editorial, The Orange County Register "The most chilling aspect of this case is the potential for retribution against children – something one recall supporter believes happened to her elementary school child. Public schools have a responsibility to keep politics out of the education process. Whether or not retaliation took place, it’s natural for parents to suspect the worst when the district kept tabs on them, noted where their kids went to school, and used descriptive terms such as “NIMBY” and “outspoken” on the spreadsheets compiled of recall supporters. Parents have every right to be as outspoken as they please about a recall of a school board."

CUSD concealment of records likely violated Public Records Act

Jan 11, 2006 Filed in: Public Records

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."

OC Register says DA should investigate CUSD enemies lists

Jan 11, 2006 Filed in: Enemies Lists

Editorial, The Orange County Register "This is a chilling abuse of power that should be thoroughly investigated by the county district attorney." The Register's editorial staff reacts to news report previous day that the Capistrano Unified School District “kept lists of 150 families who supported last year’s board recall campaign, detailing such personal information as where their children went to school.”

Kevin Murphy announces he quits efforts to reform CUSD

Jan 01, 2006 Filed in: Recall Campaign 2005

Trabuco Canyon News “In related news, recall organizer and chairman, Kevin Murphy, announced that he would no longer be involved with the continuing efforts to reform CUSD." Murphy served as Chairman of the CUSD Recall Committee until his resignation on December 22, 2006, the day the Registrar of Voters announced that the recall petition campaign had failed.

Recall Committee pays tribute Kevin Murphy; Committee will continue to lead reform campaign

Jan 01, 2006 Filed in: Recall Campaign 2005

Tom Russell, The Capistrano Dispatch "The people of South Orange County owe Kevin Murphy a debt of gratitude for having the courage to start the recall campaign and we wish him well. However, the problems remain and the CUSD Recall Committee will continue to lead the reform campaign." Russell is the official spokesperson for the CUSD Recall Committee.

Recall Committee says, "This battle is not over"

Jan 01, 2006 Filed in: Recall Campaign 2005

Tom Russell, Trabuco Canyon News “This battle is not over – not by a long shot! ... The CUSD Recall has already been a tremendous success. The peoples' eyes have been opened. The serious issues we have raised are real and will not disappear. Never more should the people of South Orange County tolerate the deception that has come to define the current CUSD administration.” Russell, the spokesperson for the CUSD Recall Committee, reacts to the Registrar's December 22, 2005 announcement that the recall petition campaign had failed.

Kevin Murphy quits local politics, Recall Committee will continue reform campaign

Dec 29, 2005 Filed in: Recall Campaign 2005

Sam Miller, Capistrano Valley News "Recall leader Kevin Murphy said Thursday that he would step out of local politics. Another leader of the recall group said the effort will go on." Murphy served as Chairman of the CUSD Recall Committee until his resignation on December 22, 2006, the day the Registrar of Voters announced that the recall petition campaign had failed. The other leader was Tom Russell, official spokesperson for the CUSD Recall Committee. Russell served with Murphy as a committee member since the inception of the recall committee.

Murphy resigned, but Recall Committee will continue to lead reform campaign

Dec 29, 2005 Filed in: Recall Campaign 2005

Tom Russell, Capistrano Valley News "The only thing that has changed is that Kevin [Murphy] has elected to resign ... The main thing we’re going to do is to make certain we keep the awareness we brought to the issues ... There is always more than one way to skin a cat.” Russell, spokesperson for the CUSD Recall Committee, explained that the group will plan new strategies as it continues to lead the campaign to reform CUSD.

Murphy says he has no further plans to continue opposing the district

Dec 23, 2005 Filed in: Recall Campaign 2005

Kevin Murphy, The Orange County Register "For me, it’s the end of the story." Murphy said that he has no further plans to continue opposing the district. Murphy served as Chairman of the CUSD Recall Committee until his resignation on December 22, 2006, the day the Registrar of Voters announced that the recall petition campaign had failed.

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

Oct 09, 2005 Filed in: Express Advocacy

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

Oct 09, 2005 Filed in: Express Advocacy

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

Oct 09, 2005 Filed in: Express Advocacy

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

Oct 09, 2005 Filed in: Express Advocacy

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."

Sita Helms says unhealthy environment was motive for filing Williams Act claim

Jul 14, 2005 Filed in: Las Palmas Elementary

Sita Helms, Sun Post News "When your kids are in an unhealthy environment, you'll do whatever...but it never got rid of the smell." On June 16, approximately 50 parents, headed by Sita Helms, filed a complaint with Las Palmas Elementary School and Capistrano Unified School District, alleging unhealthy classroom conditions, deteriorated buildings, sewer back flow and more. Helms expressed concern because of the sewage smell in the kindergarten rooms and kids coming home sick from some kind of exposure in the portables. The children, she said, should be provided for because they are the No. 1 concern. She said parents try to make situations better at the 75 year-old school by cleaning or purchasing air filters, Helms said. She cleaned the kindergarten bathrooms thinking she could help with the smell.

Las Palmas mother says conditions at school are so bad, she tells children to wait to use bathroom at home

Jul 14, 2005 Filed in: Las Palmas Elementary

Kiki Macdonald, Sun Post News "Las Palmas is such a great school, I hate to complain, but when it comes to health, cleanliness and sanitation, I have to (say something)." For Kiki Macdonald, of San Clemente, it is a health and sanitary issue at Las Palmas Elementary School. Things at the school are in need of repair, she said, and she isn't sure what's going to be fixed with the remodel. Macdonald said she has heard of health problems related to mold and knows the bathrooms need help. She said she'll tell her children, unless it's really bad, to wait and go to the bathroom when they get home. In addition, she said the carpets are in need of attention.

Las Palmas parent concerned over effectiveness of repair efforts

Jul 14, 2005 Filed in: Las Palmas Elementary

Shannon Archbold, Sun Post Post News "No matter how hard they work, it's hard to keep up an old (75-year-old) facility... It's like putting a Band-Aid on it (the problem)." Archbold, a Capistrano Beach residient, believes school teachers, administration and staff are trying their hardest to make her children's school (Las Palmas Elementary) its best, but after watching the problems continue and trying to be patient as other pressing issues around the district arise, there she believes there comes a point when parents have to say enough is enough.

Las Palmas parent tired of district's misplaced priorities

Jul 14, 2005 Filed in: Las Palmas Elementary

Shannon Archbold, Sun Post Post News "Before I see another new school get another new lawn or sprinklers ... I want to see my school fixed." Archbold, a Las Palmas Elementary School mother, hasn't seen parents' patience with CUSD pay off as kids are ultimately not the No. 1 priority. In terms of the district's new administration building, Archbold sees the profit and cost benefits of having staff in one building, however, she feels the health and educational impact of an old building on children should come before that need. Archbold said the remodel at Las Palmas is a nice effort, but she wonders why a multipurpose room receives attention when kids won't go into the third bathroom because of the smell.

Las Palmas principal tries to take high road, but uses DOE to ignore parent concerns

Jul 14, 2005 Filed in: Las Palmas Elementary

Doug Kramer, Sun Post News "This point is important because neither I nor my colleagues in the district would ever tolerate a school having such deficiencies go without repair." In his letter to the parents, Las Palmas Elementary Principal Kramer talked about an unannounced visit by the Orange County Department of Education in May. Incredibly, even with foul smells and other obvious problems at the school, Kramer wrote that the visiting team found the school to have sufficient materials and had no visual signs of issues that needed addressing. The Orange County Department of Education continues to bat a thousand, turning another blind eye and providing cover for CUSD's failed facilities management.

CUSD Recall Committee: teachers good, administration bad, no oversight by trustees

Jun 12, 2005 Filed in: Recall Campaign 2005

Tom Russell, The Orange County Register "The teachers and education are good. The problem is a wretched administration and a 7-0 board of trustees that doesn't oversee them." Russell is the spokesperson for the CUSD Recall Committee.

Register senior editor predicts that the results of the recall campaign may come down to the pictures

Jun 12, 2005 Filed in: Recall Campaign 2005

Steven Greenhut, The Orange County Register "School board elections so frequently operate under the radar screen that anyone interested in openness and public debate ought to welcome this squabble. The election could come down to the photographs - the ones comparing the portable classrooms to the drawing of the resort-quality administration building. For once, the pictures might benefit those who take the "spend it better" side of the argument." Greenhut is a columnist and senior editor of The Orange County Register.

Recall Committee spokesperson emphasizes "wretched administration" as reason for recall

Jun 12, 2005 Filed in: Recall Campaign 2005

Tom Russell, The Orange County Register "The teachers and education are good," said recall activist Thomas Russell. "The problem is a wretched administration and a 7-0 board of trustees that doesn't oversee them." Russell focuses on culture of corruption that is behind most of the serious issues at CUSD. Russell is the spokesperson for the CUSD Recall Committee.

Volzke questions SJC City Council's resolution opposing recall

Jun 09, 2005 Filed in: Recall Campaign 2005

Jonathan Volzke, The Capistrano Dispatch "From the beginning, [Mayor] Hart – who called the special meeting – said the council wouldn’t get into the allegations by recall proponents about financial mismanagement. His view: recalls are for malfeasance or misfeasance and since no one challenged the trustees in the last election, they have a “mandate” from voters. He didn’t mention that [Councilmembers] Soto and Allevato received the same “mandate” in the last election, and that he and [Councilmember] Swerdlin received a similar pass from voters in 1998. It might be comforting for politicians to believe they’re unchallenged because everybody’s happy, but the reality likely has more to do with time and money." Reaction to San Juan Capistrano City Council's resolution opposing a recall of the CUSD Board of Trustees. Volzke is the editor of the The Capistrano Dispatch.

Nielson questions SJC City Council's resolution opposing recall

Jun 09, 2005 Filed in: Recall Campaign 2005

Mark Nielson, The Capistrano Dispatch "It is further puzzling as to why the Council and Mayor claim that they need to protect the citizens from a recall. Isn’t it up to the voters to decide? If the trustees have a strong mandate, as the Council claims, what is there to worry about? Or is there a concern that maybe the voters will vote against what the Council thinks, like 57 percent of the voters did on Measure CC, overturning the actions of the Council on Whispering Hills (the same voters that were subsequently ignored by the school board trustees now being recalled)." Reaction to San Juan Capistrano City Council's resolution opposing a recall of the CUSD Board of Trustees. Nielson is a CUSD Recall Committee member.

At-large elections benefit incumbents, obstacle to challengers

Jun 09, 2005 Filed in: Culture of Corruption

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.

Reader tired of trustees taking credit for results obtained by teachers, students and parents

May 26, 2005 Filed in: Test Scores, Statistics

Annalee Cappello, Capistrano Valley News "I care about hard-working people getting the recognition and credit they deserve. Most of us in the community are aware that the job of a school board member is not an easy one. As Ms. Friess states, 'They perform [it] knowing that they will not be able to please everyone all of the time.' On this topic, Ms. Friess speaks accurately, but she grossly misspeaks by stating that 'These seven individuals are responsible for the education of our children.'"

Capistrano Valley News reader's reaction to the high praise extolled upon the CUSD board of trustees by in a letter by Jenny Friess published in the Capistrano Valley News on May 12, 2005. Cappello is an English teacher at Marco Forster Middle School, who was presented with the Mayor’s Award for 2005 Educator of the Year by San Juan Capistrano Mayor Wyatt Hart.

Reader tired of trustees taking credit for results obtained by teachers, students and parents

May 26, 2005 Filed in: Test Scores, Statistics

Annalee Cappello, Capistrano Valley News "Gosh, if I'd known that, I wouldn't have spent the past 15 years of my life teaching English at Marco Forster Middle School, nor would I have spent the past seven years supplementing at home what my daughter has been learning in CUSD schools. I think I would have gone shopping, booked a day at the spa, or gone to the beach. After all, according to Ms. Friess's words, these seven people are responsible for the education of the 140+ students that I see every day in my classroom. I guess I don't need to be there."

Capistrano Valley News reader's reaction to the high praise extolled upon the CUSD board of trustees by in a letter by Jenny Friess published in the Capistrano Valley News on May 12, 2005. Cappello is an English teacher at Marco Forster Middle School, who was presented with the Mayor’s Award for 2005 Educator of the Year by San Juan Capistrano Mayor Wyatt Hart.

Reader tired of trustees taking credit for results obtained by teachers, students and parents

May 26, 2005 Filed in: Test Scores, Statistics

Annalee Cappello, Capistrano Valley News "Here's the real deal: The seven CUSD board members are not solely responsible for the education of our children. They do make many policy decisions that impact on our children's education. I feel confident that CVN readers are savvy enough that it takes a lot more than these seven elected officials, most of whom have no experience actually teaching kids, to be responsible for teaching our children. This responsibility involves parents and teachers working together. During these lean financial times, it takes the help of community members and business partners to make things happen for the benefit of our children. All of us who work hard to educate children deserve public praise, not just the seven members of the school board."

Capistrano Valley News reader's reaction to the high praise extolled upon the CUSD board of trustees by in a letter by Jenny Friess published in the Capistrano Valley News on May 12, 2005. Cappello is an English teacher at Marco Forster Middle School, who was presented with the Mayor’s Award for 2005 Educator of the Year by San Juan Capistrano Mayor Wyatt Hart.

Reader critical of superintendents' compensation

Apr 26, 2005 Filed in: Superintendent

Al Fanelli, Orange County Register "The front-page article about school superintendents' salaries reassured me of something I already knew - that our tax dollars are once again being wasted ["O.C. superintendents in elite pay class," News, April 24]. The salaries and benefits for these positions are an outrage. They are paid these salaries, it is said, because it is hard to get good people and retain them. Maybe we should take a closer look at those who are doing the hiring." Reader's reaction to an article published in The Orange County Register entitled, "O.C. superintendents in elite pay class," News, April 24, 2005.

Reader critical of superintendents' compensation

Apr 26, 2005 Filed in: Superintendent

Rosemary LaBonte, Orange County Register "The best quote? James Fleming of Capistrano Unified: 'This job is hard and demanding.' Cry me a river. Here are some hard and demanding jobs: air traffic controller; paralegal with a demanding boss; a guy picking strawberries in a field for eight hours. The superintendents think they are part executive, part mediator and part politician. Actually, the job is 100 percent politics. And when did those in the teaching profession become company executives with "lifestyles" that had to be maintained?" Reader's reaction to an article published in The Orange County Register entitled, "O.C. superintendents in elite pay class," News, April 24, 2005.

Reader critical of superintendents' compensation

Apr 26, 2005 Filed in: Superintendent

John Boag, Orange County Register "If there is one thing government officials do well, in monarchies, dictatorships or democracies, it is to ensure their own financial well-being. It should therefore come as no surprise that local government bureaucrats, with their six-figure salaries for life, have used their positions for personal financial gains. It is absurd to compare private-sector compensation to that of government employees, since the latter do not have to worry about profits; they just spend unlimited taxpayers' money." Reader's reaction to an article published in The Orange County Register entitled, "Perks fill out city managers' compensation," News, April 25, 2005.

Fleming says boundaries couldn't be changed without upsetting someone

Mar 30, 2005 Filed in: Attendance Boundaries

James Fleming, The Orange County Register "People with good will will look at this data and come away with different conclusions ... No matter what I decided, there would have been a region that's upset."

Casabianca acknowledges severity of community division caused by district's Arroyo Vista School expansion plans

Aug 22, 2003 Filed in: Arroyo Vista K-8

John Casabianca, Rancho Santa Margarita News "I've never seen an issue divide a community as much as this has." Comment made by Trustee Casabianca at the August 18, 2003 board meeting, during which the Trustees, over the objections of numerous residents, approved the construction of the Arroyo Vista K-8 expansion without first completing an environmental report as required by the California Environmental Quality Act.

Casabianca makes excuses for Arroyo Vista overcrowding

Aug 22, 2003 Filed in: Arroyo Vista K-8

John Casabianca, Rancho Santa Margarita News “As a parent I was angry classrooms were set up in the library ... Despite this, at the end of the school year, I could honestly say my children got an excellent education.'' At the August 18, 2003 board meeting, Trustee Casabianca joined his colleagues in a 7-0 vote, giving final approval for the expansion of Arroyo Vista School from a K-5 to a K-8 school. During Trustee comments, Casabianca remembered dealing with overcrowding at Arroyo Vista -- there were 1,349 kids on campus in 1996 and 1997 -- when his children went to school there. What he refused to address, was that CUSD had created such overcrowding by systemmatically violating the exemption process under Title 14 of the California Environmental Quality Act. Between 1993 and 1999, the district illegally expanded Arroyo Vista School by nearly 100% of its original student capacity without preparing any environmental impact study or report whatsoever -- three times the 25% limit they were restricted to under Title 14. Casabianca and his colleagues were advised of this before he voted to approve the project.

Draper makes sarcastic remarks to anti-school expansion crowd

Mar 14, 2003 Filed in: Arroyo Vista K-8

Marlene Draper, The Orange County Register "I hope that we would look at schools that would appreciate the improvement for their children." Trustee Draper made this sarcastic remark to rebut the crowd's vocal disapproval of the district's proposed expansion of Arroyo Vista School at the March 9, 2003 Board of Trustees meeting, where local residents made public comments unanimously opposing the district's expansion plans. The meeting was carefully controlled by district officials to avoid discussion of the actual issues of concern to residents (i.e., overbuilding on such a small school site, unsafe traffic and other impacts on the local community, increased usage of the adjacent community park, etc.). Public speakers were kept to one minute instead of the usual three minutes for remarks and were met with sharp reminders from officials that the evening's discussion was centered on K-8s in general, not Arroyo Vista in particular. Draper's comment was rebuffed with defiant applause from the Arroyo Vista crowd who opposed any change to their school, neighborhood and park.

Volunteer speaks out against Draper conflict of interest

Aug 15, 2002 Filed in: Conflicts, Nepotism

Pat Bauer, Capistrano Valley News "Either the company has to pull out or Marlene shouldn't be involved with the high school. It's a true conflict of interest because it's a financial gain for her family. It's the same old good-old-boy thing. There are innuendoes and you don't know what's happening." Bauer, a League of Women Voters volunteer and a Whispering Hills opponent, speaks out against Marlene Draper voting to give business to Culbertson, Adams & Associates, a firm working on the Whispering Hills project that also employs her daughter — raising concerns about a conflict of interest.

Fleming tries to preempt rejection with sleezy letter to save face and lay false foundation for future denials

Dec 20, 1999 Filed in: Superintendent

Terry Webster, The Las Vegas Sun "Two other finalists, George Garcia, superintendent of the Tucson Unified School District in Tucson, Ariz., and James Fleming, superintendent of the Capistrano Unified School District in Southern California, were previously eliminated by the School Board. Almost simultaneously, Fleming produced a letter to Attea stating he was no longer interested." Fleming was being interviewed as a candidate for the position of superintendent of the Clark County School District in Las Vegas Nevada. Webster is a reporter for The Las Vegas Sun.

Fleming rejected by Clark County School Board, not a team player and concern over leadership style

Dec 08, 1999 Filed in: Superintendent

Terry Webster, The Las Vegas Sun "One superintendent candidate for the Clark County School District was eliminated by the School Board on Tuesday, leaving two hopefuls in the running. James Fleming, superintendent of the Capistrano Unified School District in San Juan Capistrano, Calif., was scratched from the board's list of finalists ... Board President Ruth Johnson and board members Mary Beth Scow, Susan Brager, Shirley Barber and Lois Tarkanian all named Fleming as the candidate they were the least interested in ... Barber said she didn't support Fleming because she prefers someone with more of a team approach. For Johnson, it was a matter of fit ... I think it was just his leadership style.' " Fleming was being interviewed as a candidate for the position of superintendent of the Clark County School District in Las Vegas Nevada. Webster is a reporter for The Las Vegas Sun.

Fleming reveals organizational philosophy behind later conspiracies of silence at CUSD

Dec 06, 1999 Filed in: Superintendent

Terry Webster, The Las Vegas Sun "Fleming said he believes his Cabinet of school executives should debate issues, but they all should support a decision after it is made. Further, Fleming said once a decision is made, Cabinet members should not offer differing opinions on the issue to School Board members. 'It places a chill on the organization.' " Fleming was being interviewed as a candidate for the position of superintendent of the Clark County School District in Las Vegas Nevada. Webster is a reporter for The Las Vegas Sun.

Fleming rejected as "too bureaucratic," Fleming dodges the allegation, says "bureacrat" means nothing

Dec 06, 1999 Filed in: Superintendent

Terry Webster, The Las Vegas Sun "One of the main objections the board presented to Fleming during his final interview was a perception that he seems too bureaucratic. Fleming said he would address that by "humanizing" all of the so-called bureaucrats in the school district. This could be done by placing articles about school executives in school newsletters or magazines. Bureaucrat is a term that is overused and means nothing, he added." Fleming was being interviewed as a candidate for the position of superintendent of the Clark County School District in Las Vegas Nevada. Webster is a reporter for The Las Vegas Sun.

Fleming addresses his controversial image in connection with special education issues

Dec 03, 1999 Filed in: Superintendent

James Fleming, The Las Vegas Sun "I'm a controversial figure on special education because I'm willing to stand up and say, 'the emperor has no clothes.' " Fleming was asked about concerns over a special education controversy surrounding Fleming while he was being interviewed as a candidate for the position of superintendent of the Clark County School District in Las Vegas Nevada. Fleming is the Superintendent of the Capistrano Unified School District.

Fleming too bureaucratic, bad for low-achieving students

Dec 02, 1999 Filed in: Superintendent

Patricia Cunningham, The Las Vegas Sun "Fleming is exactly what we don't need. He's too bureaucratic and he puts on a good face. It's everything low-achieving students don't need in education." Cunningham made this remark after watching Fleming in action while being interviewed as a candidate for superintendent of the Clark County School District in Las Vegas, Nevada. Cunningham is the chairwoman for the Alliance for Social Justice.

Fleming showcases his success at building schools and says "accountability" is an essential part of his education philosophy

Dec 02, 1999 Filed in: Superintendent

Terry Webster, The Las Vegas Sun "Since 1992 Fleming has been involved in opening 17 new schools in Capistrano, all of them on time and on budget. His education philosophy covers four main areas: high academic expectations for students, hiring the best teachers, fostering community involvement and accountability." Fleming was being interviewed as a candidate for the position of superintendent of the Clark County School District in Las Vegas Nevada. Webster is a reporter for The Las Vegas Sun.

Fleming criticized as a name-dropper, bureaucrat, too self-promoting

Dec 02, 1999 Filed in: Superintendent

Terry Webster, The Las Vegas Sun "The strengths and weaknesses of all of the candidates were aired during public interviews held by the School Board and the Superintendent Search Process Committee. Following his interviews, some of the criticisms made of Fleming were that he was a name-dropper and a bureaucrat. Some also said he was too self-promoting. But Fleming said he sees nothing wrong with demonstrating he can do the job." Fleming was being interviewed as a candidate for the position of superintendent of the Clark County School District in Las Vegas Nevada. Webster is a reporter for The Las Vegas Sun.

CUSD admits it has covered the children’s playgrounds with portables

Oct 01, 1999 Filed in: Portables

CUSD, Key Message Points “We have put portables on so many playgrounds that elementary children lack places to play.” Several years later during the CUSD Recall Campaign, CUSD defended their overuse of portables by denying the actual numbers and percentages of portables at CUSD schools and lying to the public about minimum percentages of portables "required" by the state. The Key Message Points flyer was prepared by CUSD to advocate support for Measure A, a $65 million school bond later approved by voters in 2000.

CUSD portrays portables as a problem when it suits their purpose - when they need money from taxpayers

Oct 01, 1999 Filed in: Portables

CUSD, Key Message Points CUSD, Key Message Points “Many of our students currently attend school in portable classrooms. We have been forced to convert libraries, storage rooms, hallways and auditoriums into classrooms. Our local schools are severely overcrowded.” Several years later during the CUSD Recall Campaign, with terrible overcrowding and portables still serious issues for students, Marlene Draper and others at CUSD rebuffed reform advocates by denying that portables were a problem and claiming that it didn't matter if the children were taught in portables as long as their test scores were good. The Key Message Points flyer was prepared by CUSD to advocate support for Measure A, a $65 million school bond later approved by voters in 2000.

CUSD said Mello-Roos residents exempt from Measure A, but didn’t explain they would receive the benefit while others paid

Oct 01, 1999 Filed in: Measure A

CUSD, Key Message Points “The bond has been specifically designed to exclude people living in existing Mello-Roos Community Facilities Districts. Existing Mello-Roos residents already pay extra taxes for schools through Mello-Roos assessment. State law prohibits existing Mello-Roos residents from double taxation. All current Mello-Roos taxpayers will be exempt from voting in the bond election and further taxation if the bond passes.” But nobody at CUSD explained how they planned to take Measure A monies from taxpayers in areas like Mission Viejo with substandard schools like Newhart Middle School and divert them to priviledged areas like Arroyo Vista in Rancho Santa Margarita where taxpayers were exempt from paying Measure A taxes. The Key Message Points flyer was prepared by CUSD to advocate support for Measure A, a $65 million school bond later approved by voters in 2000.

CUSD promised taxpayer safeguards but didn’t tell the whole story and taxpayers where taken advantage of anyway

Oct 01, 1999 Filed in: Measure A

CUSD, Key Message Points “Taxpayer safeguards are in place. By law, no bond money would be spent on administrators’ salaries. Funds from the bond would be spent entirely on our local schools. This school district has an outstanding fiscal reputation. All repairs at each school are spelled out in the bond. An annual audit would document how bond dollars are spent. A reserve fund would be established to ensure that funds are available in the future to maintain school facilities.” But nobody at CUSD explained how they planned to take Measure A monies from taxpayers in areas like Mission Viejo with substandard schools like Newhart Middle School and divert them to priviledged areas like Arroyo Vista in Rancho Santa Margarita where taxpayers were exempt from paying Measure A taxes. The Key Message Points flyer was prepared by CUSD to advocate support for Measure A, a $65 million school bond later approved by voters in 2000.

CUSD promised that “all” schools would reap the benefits of Measure A - they lied

Oct 01, 1999 Filed in: Measure A

CUSD, Key Message Points “All schools would reap the benefits of a successful bond. Each of our schools would receive desperately needed funds for repairs, health and safety improvements and/or relief from overcrowding.” Ask the parents at Newhart Middle School in Mission Viejo (where parents paid the Measure A bond taxes in hopes of renovating their school only to have the funds diverted to Arroyo Vista School in Rancho Santa Margarita where parents didn't pay) whether they think CUSD kept its promise. The Key Message Points flyer was prepared by CUSD to advocate support for Measure A, a $65 million school bond later approved by voters in 2000.

CUSD admits its schools are aging and deteriorating

Jul 19, 1999 Filed in: Measure A

CUSD, Fact Sheet “Addressing the Needs of Aging Schools - Our neighborhood schools face an immediate need for critical repairs. Many of our schools are 30 and 40 years old. They are aging and deteriorating.” The Fact Sheet flyer was prepared by CUSD to advocate support for Measure A, a $65 million school bond later approved by voters in 2000.

Despite promises of Measure A improvements, serious issues remained during Recall Campaign years later

Jul 19, 1999 Filed in: Measure A

CUSD, Fact Sheet “Principals, parents, students, teachers and community members created a comprehensive needs list for each of our schools. Some examples of critical needs include: • Capistrano Valley High School - $3.4 million to replace portables with new classrooms; • San Clemente High School - $1.5 million to repair existing classrooms by replacing leaking roofs, decaying ceilings, heating and air conditioning systems and lighting” The Fact Sheet flyer was prepared by CUSD to advocate support for Measure A, a $65 million school bond later approved by voters in 2000.

CUSD admitted schools face health, fire and safety issues during their Measure A bond campaign

Jul 19, 1999 Filed in: Traffic and Safety

CUSD, Fact Sheet “Planning School Safety as A Top Priority - ... in order to maintain campus safety, many of our older schools must be brought into compliance with health requirements and safety codes. For example, bond money would enable our schools to renovate communication systems, improve exterior lighting, and install fire sprinkler systems and fire/security alarms.” The Fact Sheet flyer was prepared by CUSD to advocate support for Measure A, a $65 million school bond later approved by voters in 2000.

CUSD told taxpayers that comprehensive needs lists would govern spending at each school

Jul 19, 1999 Filed in: Measure A

CUSD, Fact Sheet “Guaranteeing That All Schools Benefit - Each of our 41 neighborhood schools would benefit from the bond. Principals, parents, students, teachers and community members created a comprehensive needs list for each of our schools.” The Fact Sheet flyer was prepared by CUSD to advocate support for Measure A, a $65 million school bond later approved by voters in 2000.

Mello-Roos taxpayers exempt from Measure A election and taxes, but trustees didn't restrict them from taking the benefits

Jan 19, 1999 Filed in: Measure A

CUSD, Fact Sheet “Excluding Existing Mello-Roos Taxpayers - Some of our school communities include Mello-Roos Community Facilities Districts where homeowners are already assessed fees for school facilities. We do not believe it is fair for those who are already being taxed through Mello-Roos fees to be taxed a second time in an SFID bond election. Moreover, Mello-Roos taxpayers cannot, by state law, be double taxed. Therefore, all existing Mello-Roos taxpayers would be exempt from voting in the election and equally exempt from being further taxed.” The Fact Sheet flyer was prepared by CUSD to advocate support for Measure A, a $65 million school bond later approved by voters in 2000.

Trustees include "taxpayer safeguards" but none to address later abuses

Jan 19, 1999 Filed in: Measure A

CUSD, Fact Sheet “Putting Taxpayer Safeguards in Place - To ensure accuracy and accountability, the Board of Trustees of Capistrano Unified School District has included specific safeguards in the bond language to help ensure that the funds generated are spent appropriately. The safeguards include the following: • The board would establish a contract with each school detailing each project scheduled for the school; • The bond measure would require an Annual Independent Audit documenting expenditures; • Funds would be made available in the future to continue construction and repair of school facilities; • No money would be spent on administrators salaries. By law, bond money would only be spent on school buildings and grounds.” The Fact Sheet flyer was prepared by CUSD to advocate support for Measure A, a $65 million school bond later approved by voters in 2000.

Lunch on the run at Capo Valley High

Sep 11, 1998 Filed in: Facilities Planning

The Orange County Register "The feeding frenzy began at 12:06 p.m. on Thursday at Capistrano Valley High, where lunch lines were as long as those at a Moscow money exchange."

The 2,900 students were left with just 30 minutes to eat lunch. This is the fastest-growing high school in Orange County's fastest-growing school district.

All portables, no buildings

May 18, 1998 Filed in: Portables

Keith Sharon, The Orange County Register "This week, the Capistrano Unified School District agreed to put an entire school of trailers [portables] in Coto de Caza to relieve some of the overcrowding at Wagon Wheel Elementary."

Sharon is a reporter for The Orange County Register

CUSD spent larger portion of state-mandated developer fees on portables than most districts

May 18, 1998 Filed in: Portables

Jill Harmon, School Wise Press: Learning Bricks "This shouldn't happen. I don't know that my children are ever going to see the inside of a real school classroom."

Harmon is a PTA member in Capistrano Unified School District, where her two daughters attend classes held in portable classrooms. The district has spent a large portion of its state-mandated developer fees, usually used for school construction, for 673 portable classrooms.

Superintendent Fleming on portables

May 18, 1998 Filed in: Portables

James Fleming, The Orange County Register "I like to call them army barracks."

Fleming is the Superintendent of the Capistrano Unified School District.

Superintendent Fleming blames partisan politics for district construction whoas; ignores district's own facilities planning failures

May 18, 1998 Filed in: Facilities Planning

James Fleming, The Orange County Register "They're holding the children hostage. The Republicans have said no, despite the fact that they were elected to represent the fastest growing school district in the state."

The state legislature voted against putting a statewide bond measure for school construction on the June 1998 ballot. A bloc of Republicans thwarted the bill, which would have allocated $6.5 billion for primary and secondary school construction. Of course, Fleming offers no explanation why the Irvine and Saddleback school districts, with similar growth and demographics, were able to cope much better. Fleming is the Superintendent of the Capistrano Unified School District.

Grand Jury finds CUSD closed meeting violated Brown Act

Feb 01, 1991 Filed in: Open Meetings

1990-1991 Orange County Grand Jury, Examination of CUSD Mello-Roos Election "A meeting to discuss clandestine 'incentive pay' cannot be reconciled with any of the above listed Code sections [the Brown Act]. Neither can a decision to employ a political consulting firm to assist in the efforts to pass Measure A. Therefore, it is the opinion of the Grand Jury that the closed door meeting held on March 6, 1989, was highly improper." Not only was the subject matter discussed found to be illegal express advocacy (i.e., incentive pay for school principals who succeeded in obtaining favorable voter results), the closed meeting at which this was discussed was found to be a violation of the Brown Act, as well.

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

Feb 01, 1991 Filed in: Express Advocacy

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

Jan 23, 1991 Filed in: Express Advocacy

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.

"... a campaign dedicated to restoring honesty, integrity and accountability to public education."

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