Voters Have Clear Choice - Conservative Reform Trustees or Liberal Union Candidates

One by one, Fran Sdao of the teacher union’s so called  “Children First" coalition and member of the South County Democratic Club introduced the five candidates they are endorsing in their effort to take over control of the CUSD Board of Trustees in the November General Election. They include a failed Democratic Nominee for a State Senate seat who ran with widespread union support on a platform calling for same sex marriage, increased rights to abortion and higher taxes; an 18 year old kid that just graduated from high school 35 days before he filed papers seeking to be elected; and an outspoken supporter and apologist for CUSD’s indicted former Superintendent James Fleming. Read More...
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New Jersey Governor Chris Christie Tells It Like It Is: Teachers Unions Are the Real Bullies, Waging the Politics of Raw Power

This is one of the most truthful four minute speeches you will ever see a prominent American politician give. NJ Gov. Chris Christie makes an important point: Fiscal conservatives and education reform advocates appreciate, respect, and cherish the work that the vast majority of public schoolteachers do. Educating future generations is an admirable pursuit that should be applauded. But teachers unions seek to manipulate the system in the interest of wielding power over taxpayers, school boards, parents, and students, all in the name of enriching themselves at the expense of others. This IS the struggle CUSD constituents face as the CUSD teachers union continues its dishonest, selfish war against our popularly elected Reform Trustees.

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Christie: Students Trapped By "Selfish, Greedy" & "Disgraceful" Teacher Unions

Christie speaks in Washington DC, calling Newark schools 'absolutely disgraceful'
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Union-Backed Recall Activists Selfishly Seek To Recall Two Popular CUSD Reform Trustees!

• OC Register Condemns Union’s Unjust Recall Campaign!
• California Republican Assembly Opposes Union Recall Effort!
• OC Republican Party Condemns Union Recall Effort!
• CUSD Reform Trustees Reject Union’s Unsustainable Demands!
• Voters Must
SAY NO to the union’s selfish political agenda!

WARNING!

The powerful public employee unions have commenced an orchestrated, multi-pronged attack against the seven Reform Trustees serving on the CUSD Board of Trustees. This attack is designed to undermine your Reform Trustees and all the progress they’ve made to restore honesty, integrity and accountability to the 9th largest school district in California. This is their plan:

FIRST, in the middle of the nation’s worst economic crisis since the great depression, with the State of California buckling under the weight of unprecedented budget deficits that have crippled the ability of local cities and school districts to provide basic services to their constituents:

2,200 Teachers Union members in Capistrano Unified abandoned their students and walked out on strike…and

The powerful teachers union is backing a ballot initiative that would take away from every CUSD voter 6 of their 7 votes -- by allowing each voter to only vote in one Trustee District rather than “at large” for all seven Trustees.

DAYS LATER, the Teachers Union and other public employee unions were marching on Sacramento demanding that legislators increase your taxes!

TODAY, union-backed activists turned in petition signatures seeking to recall and remove from office two of your popular and highly-successful Reform Trustees!

Read More...
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SVUSD teachers union accepts 9.7% pay cut without striking -- SVUSD board owes CUSD trustees thanks for setting example

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The OC Register is NOW reporting that teachers in Saddleback Valley Unified School District in South Orange County will accept a 9.72 percent pay cut – WITHOUT A STRIKE -- under a tentative agreement reached with the school district to help close a $33 million budget deficit.

READ the OC Register Story

The SVUSD school Board owes a big "thank you" to the Capistrano Unified Board members that refused to give in to the unreasonable demands of the local teachers union, the California Teachers Association and even the National Education Association. The CUSD Board held firm and finally these selfish Union leaders gave up their unreasonable demands and ended their strike
WITHOUT OBTAINING ANY MEANINGFUL CONCESSIONS FROM THE BOARD.  Had the CUSD Board caved in to the union pressure -- you can bet that unions up and down the state would all be on strike now!

Take a look at the major negotiating points in CUSD over the past year -- the Board held firm every time, and the union was forced to capitulate:
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Reform Trustees were right ... had duty to stand up to union strikers' unreasonable demands

Unions have no legal responsibility for the solvency of the district; their duty is to their dues paying members.
The School Board has full accountability for the solvency of the district and must take whatever action is necessary to meet its legal responsibilities and protect the students and taxpayers.

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A Word About Strikes — An Editorial
By: Ron Bennett

Copyright © 2010 School Services of California, Inc.

Volume 30
For Publication Date: May 2010
No. 10

Over the past few weeks, we have seen media attention drawn toward the collective bargaining process, particularly when there has been a unilateral contract imposition by management or a strike by labor. In my opinion, we are likely to see a few—maybe quite a few—similar situations evolving over the next several months. I would like to offer some opinions on how to think about these situations and how to either avoid them or handle them appropriately.

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Union Capitulates -- Strike Over!

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Radio Commentators John & Ken:
• Interview CUSD Trustee Ken Lopez-Maddox
• Analyze the Reform Board's Great Victory


Union leaders last night finally gave up their unreasonable demand that the contract cuts imposed by the Reform Board would expire automatically on a date certain.  Unfortunately, they only did so after 2,200 teachers union members had abandoned their students and walked out on strike for three school days. Congratulations to the Reform Board for this great victory and for standing up for the students, parents and taxpayers of CUSD!

LISTEN HERE:

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BREAKING NEWS:
JOHN & KEN ANNOUNCE THAT TEACHERS UNION CAPITULATED -- STRIKE OVER! With Nation Watching, Reform Board Scores Huge Victory for the Students and Taxpayers.


"So the ten percent decrease sticks for the next three years and it's unlikely they're going to get any of the money back, which means the class sizes will remain the same, no teachers will be laid off … But what really matters is that logic won, mathematics won … what we kept saying all last week or two, 'When you're out of money, you're out of money,' and finally the union had to accept that."

"It did show you what the teachers are about, though. You've got to keep repeating this to the end of time. Teachers, when they're in their union, when their in their union context, are not nice. They don't love kids, they don't care about the kids. They love themselves, they love their money and they love their benefits. They love their union group think. There are very few rebels in the union … very few. Eighty-seven percent of the teachers voted to strike. Eighty-seven percent gave the middle finger to the students for three days. And so eventually they settled for what? For exactly the deal they had … a 10% cut."


-- John & Ken, KFI AM-640, April 27, 2010
John & Ken Apr 27 2PM sound bite
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Unions Seeking to Raise Your Taxes – by 40 Billion Dollars!

• Union Marchers Demand 40 Billion in Tax Increases!
• OC Register Condemns Unions' Demands for Tax Increases!
• CUSD Reform Trustees Reject Union’s Unsustainable Demands!
• Voters Must
SAY NO to the union’s selfish political agenda!

WARNING!

First,
in the middle of the nation’s worst economic crisis since the great depression, with the State of California buckling under the weight of unprecedented budget deficits that have crippled the ability of local cities and school districts to provide basic services to their constituents, 2,200 Teachers Union members in Capistrano Unified abandoned their students and walked out on strike…

NOW, the Teachers Union and other public employee unions are marching on Sacramento demanding that legislators increase your taxes!

Union Marchers Demand 40 Billion in Tax Increases!
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The public employee-union backed marchers arrived at the Capitol this week after 48 days on the road from Bakersfield, and Thursday presented lawmakers with their
state budget recommendations -- $40 billion in tax increases.

READ the Sacramento Bee News Report






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Media Coverage of the CUSD Teacher Union Strike

KFI Radio Condemns Teacher Union Strike in CUSD
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• Radio Commentators Bill Handel and John & Ken All Get It!
• CUSD Union Strike Is Just Politics
• Ground Zero for national campaign by Unions to grab more money, power and influence -- at the expense of the taxpayers!



LISTEN HERE:

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“Ground Zero for the future of California”
John & Ken Interview our Chairman, Tony Beall, Committee to Reform CUSD -- April 23, 2010


This strike is not about the union contract. It is all about politics -- the union's desire to take over control of the board in November.  The California Teachers Union has made CUSD a test case -- ground zero for the future of California.  If the union loses here in CUSD again, they know other districts from across California and beyond will follow the lead of the Reform Trustees in CUSD.  That is why the union has brought in the big guns from the CTA.  That is why the union has for the past two years commenced a multi-pronged attack against the Reform Board.  The union is:

1. Backing an initiative for the Nov 2010 ballot to take 6 of 7 votes away from every CUSD voter;
2. Backing the unjust recall campaign to remove two Reform Trustees;
3. Preparing to run a slate of five pro-union candidates in the November election; and
4. Striking in the middle of the current school year to further destabilize the district and cause "organized chaos" in an effort to turn voters against the Board.
KFI John & Ken Apr 23 2PM sound bite
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CUSD Superintendent: Saddened That Planned Student Walk Out Is Based on Misperceptions and Misinformation

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Contrary to union claims, Superintendent also confirms Reform Board's decision regarding CUEA negotiations substantially compromised its original pre-impasse proposal with fact finder's recommendation.



Letter to Parents re Planned K - 12 Student Walk Out
By Dr. Roberta Mahler, Interim Superintendent, CUSD

Dear Parents,

During the last week you may have read one or more e-mails advocating for a "K - 12 Student Walk-out" to take place on April 13 as a symbolic gesture of support for the teachers' union position regarding labor negotiations.  It is of significant concern to hear that students would be held out of school on a regularly scheduled and staffed school day in order to address adult issues.
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URGENT UPDATE: Capistrano Unified Budget Crisis

CUSD Reform Trustees Successfully Finalize Union Contract Terms
• Class Sizes Will NOT Be Increased
• Dozens of Teachers' Jobs Saved
• But Union Leader Threatens to Strike

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Your Elected Reform Trustees:
Were Forced to Cut $25 Million from Last Year's Budget
Must Cut $34 Million More This Year
Voted to Save Dozens of Teachers' Jobs
Voted to Preserve Smallest Possible Class Sizes

Union Leaders:
Are Now Threatening to Strike
Want Board to Lay Off Hundreds of Young, Talented, Energetic Teachers
Want Board to Increase Class Sizes
Want to Preserve Higher Salaries/Benefits for Most Senior Members at the Expense of the Students, Young Teachers and Taxpayers of CUSD!


LOOK: Photo of Teachers Union Pres. Vicki Soderberg
who wants
more money for her most senior members…
...even if it hurts our children and younger teachers!

The Capistrano Unified School Board is facing a crisis. They are being forced to cut $34 million from the 2010-2011 budget...which is especially painful because the Board members were forced to cut $25 million from this year’s budget.

Our school district was ill-prepared to deal with the State’s current budget crisis because former Superintendent James Fleming (now indicted for multiple felonies and awaiting trial) and his seven “old guard” trustees had engaged in years of gross fiscal mismanagement (e.g. massive deficit spending on an annual basis, failure to maintain adequate reserves, construction of a luxurious $52 million Administration Building).

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URGENT UPDATE TO CUSD COMMUNITY: Reform Trustees Protect Teachers' Jobs & Refuse To Increase Class Sizes

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An open letter to the community by the CUSD Reform Trustees

Dear CUSD Community,

The Capistrano Unified School District (CUEA) and Capistrano Unified Education Association (CUEA), which represents certificated employees including teachers, have been involved in contract negotiations since June 2009.  The Board of Trustees and negotiating teams have worked continuously, up to this point, through this process. Specific information regarding the negotiations process can be found on the district’s website at www.capousd.org.


We now find ourselves at a time of year when some of our most important work with students lies before us. Trustees have reflected on where we are, what lies before us, and feel it is in the best interest of our district to move forward with finalizing the negotiations process.

At its meeting on Wednesday, March 31, the Board of Education will consider the adoption of a resolution to unilaterally implement
limited provisions from its pre-impasse proposal which:

• Maintain class size
• Preserve teachers’ jobs
• Provide a balance of temporary & ongoing financial savings
• R
ecognize concerns of the CUEA bargaining team

The advisory recommendations included within the fact-finding report were utilized to modify the provisions of the pre-impasse proposal as outlined below:

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Teacher total compensation in Capistrano is among the highest compared to other unified school districts in Orange County

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• Capistrano’s contribution to employee health benefits ranks near the top among Orange County unified school districts
• A teacher’s career earnings are much higher in Capistrano Unified

By CUSD FACT CHECKS, Information on Issues Relating to Labor Negotiations and District Finances

The best way to evaluate the competitiveness of Capistrano Unified School District is to calculate employees’
total compensation. Salaries alone don’t give a true comparison. Health benefits are a crucial element of the total compensation package for any employee. Some school districts have higher salaries, but make their employees pay more out-of-pocket costs for their health benefits. When you add salary and benefits together, CUSD ranks among the top in total compensation among unified school districts in Orange County. Capistrano ranks well above the regional and statewide averages in total compensation according to the most recent data available from the state.

The minimum teacher salary in Capistrano is $48,899. The maximum teacher salary is $98,931. An average teacher salary is $81,845.
These figures do not include health benefits or any stipends/extra duty pay teachers often receive for being coaches, mentors, or handling special assignments.

At $61,773 in total compensation, beginning teachers in CUSD are the 3rd highest paid among unified districts in Orange County. Mid-career teachers earn $86,350 and are the 5th highest paid. Veteran teachers at the top of the pay scale are the 4th highest paid earning $109,905 including benefits for their 185-day work year.

See CUSD FACT CHECKS Fact Sheet comparing total compensation, health benefits and lifetime earnings of CUSD teachers to other Orange County school districts.
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Rumor That CUSD Teachers Have Not Received Raises Is False

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A rumor is circulating in CUSD that teachers have not received raises over the past 4 years, and further, that they did not receive raises during the earlier years under the James Fleming administration.  

Below are the documented CUSD/CUEA contract settlement amounts over 9 of the past 10 years (information for the 2004-05 contract was not available) pursuant to which CUSD teachers received aggregate raises of 32.5%. In accordance with the teachers’ salary schedule:

• Every July, each teacher gets a "step raise" of 3.5% every year for 11 years and then every 5 years until 23 years of service, and then raises if negotiated (COLA); and

• As each teacher gains education credits, he/she gets "column raises" until a masters degree is earned.
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Class Size: How Large Is Too Large? An Essay By the CUSD Recall Committee

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With tough economic times and continuous cuts to school district budgets, the current debate in many school districts is how to keep school districts solvent. Between 80 percent and 88 percent of the total local school district's budget pays for salaries and benefits. When cutting costs, the choice becomes reduction in employee compensation or increase in class size and loss of programs to students.

Once class sizes are increased and programs are lost, they don't come back. How many students in a classroom are too many students: 36, 40, 50 or 100?

The line in the sand has been drawn and you MUST decide which side you will stand on. Your kids, our kids, want you to stand on their side.

The choice is yours… Read More...
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Reform Trustees Save CUSD $5.5 Million Dollars - Judge Dismisses Lawsuit Brought By CUSD's Disgraced Former Supt. Carter

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The $5.5 Million dollar lawsuit brought against CUSD by disgraced former supt. Woodrow Carter (aka Arnold Carter) was dismissed today.  Kudos to the new CUSD reform trustees for firing this greedy educrat -- he was a corrupt individual and deserved to be fired for cause after he was caught red handed trying to insert a $500,000 golden parachute clause into his own employment contract and committing other illegal acts detailed in the written termination report.

Read OC Register Article
Read Carter's Termination Report

The Trustees obviously did the right thing when they fired this corrupt and greedy educrat. It really makes us wonder why Erin Kutnick's pro-union "Children First" group, as well as hundreds of union members, fought so hard to protect Carter from being fired. Why did they fight so hard to protect Carter when the facts so clearly showed he'd been caught "red handed" trying to rip off the school district by inserting a golden parachute severance clause into his own employment contract without board approval?
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Television Premiere of Not as Good as You Think: The Myth of the Middle Class School

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Tonight, March 12, 2010 at 8:30pm Pacific Time KOCE-OC Channel (PBS Orange County)

Click Here to WATCH THE TRAILER in HD or
Click Here to WATCH THE TRAILER on YouTube

Please join us in watching the television premiere of PRI’s Not as Good as You Think: The Myth of the Middle Class School tonight, at 8:30pm Pacific Time.  
 
"Not As Good As You Think: The Myth of the Middle Class School" is a groundbreaking documentary that shatters the myth that "good" schools located in "nice" neighborhoods are shielded from the education crisis that pervades schools in poor, urban areas. The CUSD Recall Committee’s successful five year campaign to bring badly needed reform to the Capistrano Unified School District is prominently featured in this movie -- as an example of just how badly broken the American public school system can be in one of the country’s most affluent areas…and how tremendous improvements and reforms can be achieved by dedicated, vigilant citizen action and oversight. Read More...
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OC GOP Urge All Voters Not to Sign Union-Backed Recall Petition

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OC GOP PRESS RELEASE:
"County Party Urges All Voters Not to Sign Recall Petitions"

IRVINE, CA - The Republican Party of Orange County Central Committee unanimously approved the following resolution yesterday pertaining to the new recall campaign which is being promoted by public employee unions and their allies against Capistrano Unified School District Trustees Ken Lopez-Maddox and Mike Winsten.

URGENCY RESOLUTION

OPPOSING THE RECALL OF CAPISTRANO UNIFIED SCHOOL DISTRICT TRUSTEES LOPEZ-MADDOX & WINSTEN Whereas, in 2008 the Orange County Republican Party Central Committee proudly endorsed for election to the Capistrano Unified School District Board of Trustees Ken Lopez-Maddox and Mike Winsten; Read More...
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WARNING: Public Employee Unions Have Commenced A Multi-Pronged Attack Against the C.U.S.D. Board Members

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Tony Beall delivered this inspiring speech to the OC Republican Party Central Committee on February 15, 2010, warning that powerful union leaders from across the state and nation had commenced an orchestrated, multi-pronged attack on the seven conservative Republicans serving on the CUSD Board of Trustees.



Thank you Chairman Baugh. I greatly appreciate your strong leadership and the opportunity to address the Central Committee tonight. Last month, you spoke eloquently about the many abuses we have seen with public employee unions throughout our nation and state. You spoke of the need for our country to engage in a Second American Revolution to combat the insatiable and unsustainable union appetite for scarce taxpayer dollars. I agree with you 100%. Tonight, I’m here to ring alarm bells. I’m here to tell you that one of the great battles of this Second American Revolution has already begun – right here in our own backyard.

Powerful union leaders have commenced an orchestrated, multi-pronged attack on the seven republicans serving on the CUSD Board of Trustees (each of whom was endorsed by the OC GOP).

Let me provide a bit of background.
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CUSD Recall Committee Featured at U.S. Capitol Film Debut

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U.S. House of Representatives Republican Leader John Boehner and Representative John Kline, Senior Republican of the House Education and Labor Committee, will present today the U.S Capitol debut of "Not As Good As You Think -- The Myth of the Middle Class School" featuring the accomplishments of the CUSD Recall Committee.

"Not As Good As You Think: The Myth of the Middle Class School" is a groundbreaking documentary that shatters the myth that "good" schools located in "nice" neighborhoods are shielded from the education crisis that pervades schools in poor, urban areas. The CUSD Recall Committee’s successful five year campaign to bring badly needed reform to the Capistrano Unified School District is prominently featured in this movie -- as an example of just how badly broken the American public school system can be in one of the country’s most affluent areas…and how tremendous improvements and reforms can be achieved by dedicated, vigilant citizen action and oversight.

READ OC Register Story
READ the Official Invitation
WATCH the Trailer in HD
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Union Politics Are Hurting Our Children

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• A Parents Plea to Protect Public School Students
• What Parents Need to Understand About the CUSD Budget Cuts and Collective Bargaining

An open letter to the community from CUSD parent and child advocate Dawn Urbanek

As a parent of a student in CUSD, who has attended most of the CUSD Board Meetings and Budget Workshops over the past two years, I felt compelled to write this letter. Not every parent has time to attend meetings and workshops. Those of us who do need to start sharing our knowledge with other parents to truly reflect what we as parents feel “is in the best interest of our children.”

I was really angry, and disgusted, to see teachers at my child’s school standing outside the campus Friday morning… wearing black… handing out flyers. The flyers were asking parents to contact Ellen Addonizio, the President of the Capistrano School Board, and tell her to start working with teachers during contract negotiations in a "reasonable and responsible way.".  

What happened Friday was a staged event by the CUEA (Capistrano Unified Education Association) -- the teachers union.
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"Kids First"? Hardly. The true colors of a union leader

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Albert Shanker, former AFT President

Next time you hear that tired old union baloney about putting “Kids First,” remember what the late Albert Shanker, former American Federation of Teachers president, once said:


“When school kids start paying union dues, that’s when I’ll start representing the interests of school children.”
Albert Shanker, The OC Register

This helps to explain the “Kids First” hypocrisy we continue to experience from union leaders, including those at CUSD, where many of their own rank and file have been influenced to ignore or deny the truth about dishonest special interest union politics.

Thanks for the brutal honesty, Albert. You’re a peach. We couldn’t have said it better.
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URGENT UPDATE: Capistrano Unified Budget Crisis

UNION LEADERS ARE HURTING OUR CHILDREN!

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Teachers Union President Vicki Soderberg wants more money for CUSD union members…even if it hurts our children

Your Elected Reform Trustees:

• Must Cut $25 Million from Budget
• Want to Save Every Teacher’s Job
• Want to Preserve Smallest Possible Class Sizes


Union Leaders and Senior Administrators:

• Are Refusing Across the Board Pay Cuts
• Want Board to Lay off Hundreds of Young, Talented, Energetic Teachers
• Want Board to Increase Class Sizes
• Want to Preserve High Salaries and Benefits for Themselves at the Expense of the Students, Young Teachers and Taxpayers of CUSD!

The Capistrano Unified School Board is facing a crisis. They must cut approximately $25 million from the 2009-2010 budget…especially painful because they were forced to cut millions from this year’s budget.

Our school district was ill-prepared to deal with the State’s current budget crisis because former Superintendent James Fleming (now indicted for multiple felonies and awaiting trial on April 7th) and his seven “old guard” trustees (Sheila Benecke, Marlene Draper, John Casabianca, Shelia Henness, Duane Stiff, Mike Darnold and Crystal Kochendorfer) had engaged in years of gross fiscal mismanagement (e.g. massive deficit spending on an annual basis, failure to establish and maintain adequate reserves).
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District Administrators Propose Covering Massive Budget Deficit on the Backs of our Children, Families and Taxpayers...Again

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Facing budget cuts of $25 million for 2009/2010, CUSD administrators are proposing further cuts to educational programs and increases in class sizes - bad news for children, their families and taxpayers. The elephant in the room? 85% of the district's $550 million budget is allocated to salaries, a factor conspicuously missing in the budget discussions.

With the economy flagging and thousands loosing their jobs, highly paid CUSD administrators (
check it out here) and union leaders are rejecting modest, across-the-board pay cuts -- a sensible solution supported by reform trustees that could preserve desperately needed education programs, smaller class sizes and protect overburdened taxpayers.

Instead, administrators are proposing another assault on the remaining 15% of the budget, which is precious little to cover current classroom needs already cut to the bone. Apparently, this is fine with administrators, union leaders and tax-hike advocates who continue to ignore the "85%" elephant in the room that is crushing the educational needs of the children to death.

See the OC Register story.
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Report Confirms Superintendent Carter Was Insubordinate and Guilty of Numerous Illegal and Other Improper Acts

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The Capistrano Unified board has released a 54-page report (400 pages with exhibits) setting forth dozens of charges and evidence against former Superintendent Woodrow Carter (aka Arnold Carter). The scathing report describes the fired superintendent as an insubordinate, scheming administrator who engaged in numerous improper and illegal acts. The report reveals a corrupt side of Carter completely at odds with the image he has projected to his supporters at CUSD. The report concludes, "[W]hile Carter purports to 'love' the district and care for its students and the community, his apparent certainty that he would receive a 'nice buy-out' and 'an extended golfing vacation' at district expense is insulting and offensive to every member of that community."

See OC Register story, official CUSD news release and official report on the board's decision on termination of Carter's employment.
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Trustees Fire Superintendent Carter!

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Capistrano Unified Superintendent A. Woodrow Carter (aka Arnold Carter) was fired Monday for "material breach of contract." For two months, Carter had been on paid administrative leave pending investigation of more than 60 charges involving his performance as superintendent. Although Carter claims to have addressed and refuted every allegation, the vote to terminate him for cause was unanimous. The board asked district counsel to prepare a statement consistent with its decision for later publication.

See OC Register story.
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New OC Register Column: Public School System Doesn't Need More Money - Its "Bankrupt Culture" Needs Reform and Common Sense.

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Syndicated columnist Star Parker reveals the fallacy of the increased per-pupil spending "solution" offered by most public educators and teachers unions, exposing it for what it is – an excuse that prevents long-needed reforms and dooms our children to a culturally corrupt, monopolistic system that favors special interests and ignores common sense.

Click here to read Ms. Star's column.
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New Report Shows California Teachers Are Highest-Paid in the Nation...Yet the Teachers Union Wants Billions More.

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Even with average teacher salaries higher than all 49 other states (25% above the national average), California's pubic schools still perform on average near the bottom (49th nationally). The CTA's low per-pupil spending argument is a flimsy excuse based on an arcane formula and ignores the negative impact higher teacher salaries have on classrooms. The CTA's "solution"? Ignore the state's greatest-ever budget crisis and ask already-overtaxed and increasingly-unemployed voters to approve ballot measure 1B on the May 19 ballot to drain $9.3 billion more out of taxpayers' pockets to pour into teachers' wallets. Now that's chutzpah!

Click here to read the OC Register editorial.
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New Report Confirms Woodrow Carter Engaged in Serious Misconduct While at CUSD

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Investigative Reporter Daffodil Alton at the OC Weekly has published a blockbuster new report  detailing numerous instances of serious misconduct committed by Woodrow Carter (aka Arnold Carter) while he was acting as CUSD Superintendent. The report confirms that at the same time Carter was telling the families of CUSD that he didn't know how he would fund our students' classrooms, he accepted gifts from, and was wined and dined at lavish resorts by, consultants seeking lucrative contracts with CUSD, that Carter successfully funneled lucrative school district contracts to those same consultants, that Carter failed to inform the School Board about the gifts he had received from these consultants, that Carter failed to disclose the gifts on the public disclosure forms in violation of the law, and that Carter submitted improper "double-dipping" expense reports to CUSD seeking reimbursement for expenses that had already been paid for by the consultants.  

Click here to read the incredible story.
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Trustee Bryson Confirms Board Had Valid, Well-Documented Causes To Remove Carter

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The Orange County Register confirms that Trustee Anna Bryson, the lone dissenter on the school board's 6-1 vote to put Spt. Woodrow Carter (aka Arnold Carter) on administrative leave, agrees with the rest of the Board there were multiple, valid, well-documented examples of Carter’s poor job performance to justify the immediate removal of Carter for cause.  Although Trustee Bryson may have disagreed with her colleagues as to whether the initial timing was right to remove Carter (due to the looming budget crisis she didn’t want CUSD to be a “rudderless ship” ), from a substantive standpoint Trustee Bryson now has confirmed she agrees with the rest of the CUSD Board of Trustees that there were more than enough reasons to remove Carter from his position. Here’s the pertinent excerpt from the OC Register article:

Bryson, the lone dissenter on the school board's 6-1 vote to put Carter on leave, defended her colleagues, saying there were multiple, documented reasons that led to Carter's leave of absence. Trustees say they can't disclose those reasons because of employee privacy laws.

“I think various trustees had circumstances which were valid," Bryson said. "They are pretty practical people and I have to give them their credit on accepting what occurred in some instances. It's pretty well documented."


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CUSD’s New Battle: The Voters’ Elected Representatives vs. CUSD’s Entrenched Special Interests

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Tony Beall, Recall Committee leader, public comments at the January 12, 2008 regular meeting of the CUSD Board of Trustees

There is a new battle being waged in our school district…and it is every bit as dangerous as the battle voters just won when they removed the last of the corrupt Fleming era trustees from office.

The voters of South Orange County have spoken…clearly and unmistakably -- for the third election in a row. Voters in CUSD have rejected the corrupt status quo and elected seven reform trustees by landslide margins. Voters have given you a mandate for positive reform in CUSD.

In my remarks to this Board just one month ago, on the night the newly-elected board members were sworn in, I stated:

“With the removal of the last Old Guard Trustee, one battle is over…But no one should misunderstand – the fight is far from over. Many who directly profit from CUSD’s multi-million dollar budget are continuing their efforts to frustrate and rollback the reforms you are striving to implement…”
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The truth about Woodrow Carter's past failures

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The other side of Woodrow Carter...the darker side Carter, Soderberg and their union bully mob would like to hide

If all you heard were the impassioned gushing over Woodrow Carter
(aka Arnold Carter) by employees and a few parents incited by union boss Vicki Soderberg, and their equally impassioned and vile attacks against our new trustees, you would think Carter should be beatified and the trustees condemned to the fiery pits of hell.

Well here are some other facts and points of view that Carter, Soderberg and their bully mob would prefer not discussed. And these are just few examples. Others can be viewed by
clicking here.


Schools' exec stirs outrage
By Julie Kay/Staff Writer, The Reporter (Vacaville, CA), December 1, 2006

The superintendent of the
Fairfield-Suisun Unified School district is under fire for having displayed to 85 district administrators an image of a 'Ladies Swiss Army Knife' containing attachments including a tampon and a phallus-like vibrator.

A flyer being circulated shows the Swiss Army-like knife on one side and cites on the other side the California Education Code which says a permanent employee can be dismissed for 'immoral or unprofessional conduct.'
Read More...
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CUSD Trustee Ken Maddox addresses board's decision to place superintendent on administrative leave

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Ken Maddox posted this blog on Ken For Our Kids on January 10, 2008

"Last Tuesday, the Board of Trustees voted to place the Superintendent on administrative leave. It was not a decision arrived at easily. Regrettably, the Board is prohibited by law from sharing the details of our closed session discussion.

Our faculty and staff are expected to provide a quality education despite this recent action. I have every confidence in our CUSD personnel.

I will do my best to dispel any rumors and keep the pubic informed as we move forward. Yesterday, I met with the PTA to discuss the superintendent issue and anticipated budgetary shortfalls. It was a lively and candid discussion."
Read More...
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CUSD Board of Trustees Releases Publc Statement Regarding Superintendent A. Woodrow Carter

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FOR IMMEDIATE RELEASE

As previously reported, the Board of Trustees of the Capistrano Unified School District, at its meeting on January 6, 2009, took action to place Superintendent, A. Woodrow Carter, on paid administrative leave. The District and several members of the Board of Trustees have received questions as to why this action was taken.

The Board of Trustees is committed to making employment decisions based on the best interests of the students and community that it serves. However, such decisions inevitably involve issues relating to how public employees are performing their responsibilities. While the public’s interest in such matters is well understood, it is also the case that California law establishes a right of privacy in favor of the employee with respect to their job performance, and makes confidential the Board’s deliberations with respect to such matters. The employee’s right of privacy derives from the State Constitution, as well as other statutory provisions and case law. Accordingly, and out of respect for the Superintendent’s privacy rights, as well as the confidentiality associated with the Board’s deliberations, the Board cannot comment on or respond to questions concerning its decision to place the Superintendent on paid leave. The District and the Board will share further information at the appropriate time and in compliance with the law.

CONTACT:
Julie Hatchel
Chief Communications Officer
(949) 234-9427
jhatchel@capousd.org
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New trustees exercise leadership and take action to restore order in our broken school district.

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Tom Russell, Spokesperson, CUSD Recall Committee, comments on tonight's board decision to place Superintendent Woodrow Carter on administrative leave.

When reformers commenced the first recall in early 2005, CUSD was a school district in crisis. Years of financial mismanagement by the Old Guard trustees and administration created serial deficits and the resulting budget cuts caused severe overcrowding, unhealthy and substandard facilities and massive cuts to educational programs.

These problems were exposed by years of parent complaints and investigations by the Orange County Register and other sources. This not only revealed the severity of the problems, but more importantly, the primary causes. The policies of the district, its leadership and management were found lacking, especially when compared to other school districts.

The Old Guard leadership irresponsibly spent nearly three quarters of a billion dollars on facilities and untold millions more for other purposes without a master plan or budget. To add insult to injury, much of this was knowingly done in violation of numerous laws and regulations. The tragic results were covered up through years of propaganda that misinformed the public by distorting and concealing sources, amounts and uses of funds, conditions of facilities and finances, inequitable spending priorities, prudent alternatives, etc.

Then there were the incessant denials and endless self-adulation by the Old Guard board and staff, coupled with their continuing attacks against their detractors (often illegally through the use of district resources), no matter how egregious or self-evident their offenses.

These are just a few examples of the Old Guard’s notorious “Culture of Corruption,” all arrogantly and dishonestly promoted to inculcate the district's tired, hypocritical mantra, “Kids First.”
Read More...
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Holiday fun with Woody, Marlene, Sheila, Mikey and the Stiffler...

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...and Woody's right where we've come to appreciate him the most - smack dab in the middle of more Old Guard mischief-making!

Oh m'gosh…they’e back! Former CUSD Trustees Marlene Draper and Sheila Benecke have been elfed…again! And this time, former Trustees Mike Darnold and Duane Stiff, and Superintendent Woodrow Carter have joined them in the holiday fun.

Marlene and Sheila were booted in a humiliating landslide recall last June, the Stiffler went down hard in the November election and, with no more Old Guard buddies to play with, Mikey quit. Woody has been implicated in numerous old guard wrongdoings and some brand new ones of his own. But none of this has dampened their holiday spirits - or their notorious, tricky moves - as these party animals have been hitting the holiday party circuit.

They may have been a disaster for the district, but in the spirit of the holidays, and just for grins, let's all join Woody and the Old Guard Mischiefmakers for some hoppin' holiday fun:

Woody & the Old Guard Mischiefmakers in "Forest Elves"
Woody & the Old Guard Mischiefmakers in "Charleston Elves"
Woody & the Old Guard Mischiefmakers in "Hoedown Elves"
Woody & the Old Guard Mischiefmakers in "Disco Elves"

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Was Capo superintendent supposed to be fired? Whether he was or not, he should be now.

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CUSD Superintendent Woodrow Carter and union boss Vicki Soderberg declare war on new board of trustees.

But their dishonest threats and bullying tactics have harmed the district and could backfire on them.


Spt. Woodrow Carter
(aka Arnold Carter), was scheduled to undergo a performance review yesterday, but now faces an uphill battle after he joined union boss Vicki Soderberg in a dishonest and disgraceful preemptive strike against the new board by attacking them, playing the victim card and inciting possibly the worst example of mob behavior in CUSD history.

The special board meeting had been noticed as a "performance evaluation" for Carter with possible disciplinary action or termination of an unidentified "public employee." No allegations or charges were disclosed and no action was taken.

Carter delivered a speech before the trustees went into closed session. The speech obviously was written in large part by Carter's labor counsel and was designed to intimidate and influence the new board's decisions by inciting confusion over the facts and the process, undeserved sympathy for Carter and groundless, hysterical outrage against the new board - all coordinated with the support of an unruly mob rallied by union boss Vicki Soderberg.
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Recall committee leader Tony Beall: "Congratulations on your impressive election victories…and Best Wishes for tremendous success."

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Public comments following the swearing in of the reform trustees at the December 8, 2008 special meeting of the CUSD Board of Trustees

Tony Beall Rancho Santa Margarita Councilman and
CUSD Recall Committee Leader

Parents and Taxpayers -- in CUSD and all across America – want to believe and trust that their children, and their educations – are being properly taken care of by their school district leaders.

Over the past five years, that belief has been shattered.

The people have spoken…clearly and unmistakably -- for the third election in a row -- and they’ve given you
a mandate for positive reform in CUSD.

The old guard did not go quietly... They fought to the bitter end to retain their stranglehold on the people of CUSD -- and upon our school district’s massive annual budget.
Read More...
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Recall committee leader Jennifer Beall: “I’m not at all surprised by the election outcome. I heard the people for years and I knew what they wanted.”

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Public comments following the swearing in of the reform trustees at the December 8, 2008 special meeting of the CUSD Board of Trustees

Jennifer Beall CUSD Recall Committee Leader

I’m Jennifer Beall and I’m not sure I’ll be able to wipe the smile off my face tonight.

This has been a long time coming. I’m proud to know all of you and to call all of you a friend. Thank you so much for standing up there, taking the oath of office, and doing the right thing for the students of Capistrano Unified.

I am always going to remember the road we took to get here -- and I hope you do too.
Read More...
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Recall committee leader Michelle Russell: "The people have spoken. It’s time for positive change."

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Public comments following the swearing in of the reform trustees at the December 8, 2008 special meeting of the CUSD Board of Trustees

Michelle Russell
CUSD Recall Committee Volunteer

Hello, President Addonizio and Trustees. My name is Michelle Russell.

I just wanted to take a moment to congratulate the new trustees: Sue Palazzo, Mike Winsten, Ken Maddox, and Jack Brick, and remind you that with great power comes great responsibility in the case of the reform agenda.

Please, after five years of hard work on recalls and elections, the people made it clear they want positive changes, and that’s what is needed.

This is your opportunity, with a clear majority, to finally effectuate positive change.  I was proud to have fought for you these past five years in the campaigns that led to this amazing moment. 
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Recall committee leader Tom Russell: "This is a momentous occasion and we...finally can declare victory, and the beginning of a new era of positive reforms at CUSD."

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Public comments following the swearing in of the reform trustees at the December 8, 2008 special meeting of the CUSD Board of Trustees


Tom Russell
CUSD Recall Committee Chairman and Spokesperson

Congratulations to the trustees. Wow…what a difference five years makes. Who could have imagined that ALL seven board seats would be replaced with reform trustees.

This is a momentous occasion and we at the CUSD Recall Committee finally can declare victory, and the beginning of a new era of positive reforms at CUSD.

You ran on a platform of academic excellence, first-rate classrooms…smaller classrooms.

Every parent has a reasonable expectation of safe and sanitary classrooms for his children. Every child has a reasonable expectation of having his own desk and adequate classroom supplies.
Read More...
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Candidate Mike Winsten offers sensible solutions to improve transparency and restore public trust in their school district

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Mike Winsten addresses parent concerns over the lack of transparency at CUSD and proposes solutions for the benefit of parents and taxpayers

Winsten is the reform candidate for CUSD Trustee Area 3

CUSD can do a lot to improve its transparency. Here are just a few of the ideas I have:

Constituents Bill of Rights Draft and adopt a Constituents Bill of Rights requiring the Administration to pledge to conduct themselves openly, neutrally and transparently, by setting standards of conduct and ethics that are greater than current state law, but in fact raise the bar to the highest standards of openness, honesty, integrity and accountability;

Conflict of Interest Code Draft and adopt a more stringent Conflict of Interest Code that sets standards far greater than the sham standards set by state law, that ensures there are no more cozy hidden relationships involving sole source contracts for years and decades, between CUSD vendors and Administrators, like we have heard about in the recent past; Read More...
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Candidate Mike Winsten explains a key element of his reform platform: "Spend our tax dollars equitably throughout CUSD."

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Winsten describes some of the priorities and policies needed to correct past inequities in funding and facilities in CUSD.

"Please vote for me and I will help lead CUSD forward while making sure every school site is treated equally.  I will not quietly tolerate one school site being treated more equally than others due to shadow politics and favoritism. Thank you for taking the time to make an educated vote for our public schools."

Mike Winsten, an attorney and independent businessman, is the reform candidate for CUSD Trustee Area 3, which covers most of San Clemente. His opponent, Duane Stiff, is one of the two remaining, old guard, Fleming-era trustees.


As noted in my candidate statement on file with the Registrar of Voters and in the sample Ballot Statements recently mailed by the Registrar of Voters, a key element of my platform is ensuring that CUSD spends our tax dollars equitably throughout CUSD, and stop taking money dedicated for one community to spend on unfair projects in another community. For instance, recent audits by the City Councils of Mission Viejo and Rancho Santa Margarita established that under the old Board, there existed a long standing pattern of education money flowing out of these cities into other CUSD cities, while many of the school facilities in Mission Viejo and Rancho Santa Margarita suffered from overcrowding and lack of maintenance for far too long.  Similarly, Mello Roos funds that should have been spent on new or upgraded school facilities in Mission Viejo, Rancho Santa Margarita and San Clemente, were instead spent on the obscenely oversized and underutilized new Administration Building, that white elephant overlooking the 5 freeway in San Juan Capistrano, while school facilities where those Mello Roos dollars were collected, are suffering. My opponent enabled these practices with a series of ‘yes’ votes, without ever dissenting against this imprudent spending of your money.

To correct the inequitable treatment of the past, the CUSD Board of Trustees needs to focus itself and the Administration on the following priorities, and must ensure that the Superintendent and Administrative Staff faithfully follow and implement these policies: Read More...
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CFAC condemns Old Guard Trustees with "Darkness Award," branding them as foes of free speech and open government

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Old Guard CUSD trustees disgraced again as they are recognized as "incapable or unwilling" to comply with the law

Tomorrow, the California First Amendment Coalition, a freedom of press group, will present its annual Darkness Award to three recipients, including the CUSD Board of Trustees, in recognition of "conduct that thwarts freedom of speech and the public's right to know." The award follows the release of an OC District Attorney's report condemning the CUSD Old Guard trustees for their "disturbing disdain, if not outright contempt" for district residents. The same report praised the CUSD reform trustees for their commitment to end such disgraceful practices at CUSD.

Here is an excerpt from The California First Amendment Coalition's official blog:

The California First Amendment Coalition has named the 2008 recipients of its
“Darkness Award,” given in recognition of conduct that thwarts freedom of speech and the public’s right to know.  The awards, to be presented Saturday, October 18 at UC Berkeley, are given to:

-- The Capistrano Unified School Board, which was so indifferent to anti-secrecy laws that the Orange County District Attorney issued a public report outlining the board’s many violations of the Ralph M. Brown public meetings law. In a follow-up inquiry, the District Attorney found further violations and concluded that the board had proven itself “incapable or unwilling” of complying with the law. Read More...
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Teachers Union Running Massive, Illegal, Deceptive Campaign

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• Union Leadership and Candidates are Illegally Coordinating Campaign Efforts
• Union Trying to Buy the Election with $72,797.49 Spent So Far

Rancho Santa Margarita, CA.
The Teachers Union PAC is the largest special interest group involved in the CUSD local school board races -- and they are trying to buy the election using deceptive and illegal tactics. To date, the Teachers Union PAC has already spent $72,297.49 on behalf of candidates Duane Stiff, Erin Kutnick and Andrea Kooiman!

Here is a link to the California Secretary of State’s website disclosing the Teachers Union PAC filings:

http://cal-access.sos.ca.gov/Campaign/Committees/Detail.aspx?id=1043314&view=electronic&session=2007

Illegal and Deceptive Tactics
. The Teachers Union PAC, as well as the three candidates they are supporting for School Board, have engaged in illegal and deceptive campaign practices, including without limitation the following:

Read More...
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Community member alleges Carter failures at CUSD

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Community member has circulated a "Top Ten" list of reasons why Superintendent Carter should be dismissed

Privacy laws restrict our new trustees from openly discussing personnel matters involving public employees. This restricts them from discussing specific allegations or charges, if any, against Superintendent Woodrow Carter (aka Arnold Carter). The law is clear and Carter knows it. He has taken the same position as the board in the past.

Despite this, Carter and his new booster-in-chief, union boss Vicki Soderberg, have done nothing to properly inform disrespectful and unruly district employees about the law or attempted to bridle their disruptive behavior. Instead, Carter and Soderberg have stood by and watched, and even encouraged ignorant or mean-spirited employees to intimidate the board with their mob-like behavior.

With Carter's job on the line and Soderberg fearing for her union gravy train after betraying reformers in the last two elections, they are intentionally destabilizing the district in a power struggle to control the board, the legitimate governing body of the district, and preserve the dominance of a power-hungry administration that hasn’t respected the legitimate chain of command since the early days of the Fleming administration. Hopefully, the board will remain strong and keep their promises to the voters by setting this upside-down situation, right.

In the meantime, the board may not be talking, but that hasn’t stopped community members from weighing in on the subject. Here is one community member’s list of Top Ten reasons why Carter should be dismissed:
Read More...
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Republicans Rally Behind CUSD Reform Slate Candidates

Brick, Maddox, Palazzo & Winsten Score Key Endorsements for November Election

CRA-Logo OCGOPLogo Picture 1

Rancho Santa Margarita, CA. Each of the most prominent Republican Party organizations have officially endorsed Jack Brick, Ken Maddox, Sue Palazzo and Mike Winsten, the four reform candidates running for seats on board of trustees of the Capistrano Unified School District in the upcoming November 4th general election. The endorsements were unanimous and came from the most prominent Republican Party organizations, including:

• The California Republican Assembly Link
• The Republican Party of Orange County
Link
• The Orange County Young Republicans
Link

Brick, Maddox, Palazzo and Winsten
are also endorsed by the CUSD Recall Committee.

Brick, Maddox, Palazzo & Winsten each bring a wide spectrum of impressive personal and professional talents that will make them uniquely qualified and ready to serve as CUSD Trustees once elected in November. They possess qualities and experience the “old guard” Trustees clearly lack.

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Scathing D.A. Report Confirms Continuing Illegal Acts At CUSD

OC DA Seal

Superintendent Woodrow Carter
(aka Arnold Carter) and Old Guard Trustees Implicated

Recently-elected Reform Trustees Praised For Exposing the Ongoing Corruption

Rancho Santa Margarita, Ca.
The Orange County District Attorney has issued a new stinging report dated September 2, 2008 – the fourth such report in a little over a year – detailing the results of their on-going investigation of the Capistrano Unified School District for numerous Brown Act violations and other illegal acts. The scathing report confirms that Trustees Duane Stiff, Mike Darnold, Marlene Draper and Sheila Benecke – four trustees who served for years with the now indicted former Superintendent James Fleming – continued to engage in illegal behavior despite repeated rebukes by the District Attorney. The report also condemns numerous actions taken (and not taken) by current CUSD Superintendent A. Woodrow Carter (aka Arnold Carter) – the acting CUSD Superintendent during the entire period of time covered by the latest D.A. Report.

See copies of:
District Attorney’s reports, dated:
October 9, 2007, February 28, 2008, March 13, 2008, May 12, 2008 and September 2, 2008
Joint Statements by ABC Reform Trustees, dated:
October 19, 2007, February 10, 2008 and March 27, 2008
CUSD Recall Committee press releases, dated:
October 9, 2007, May 9, 2008, May 27, 2008 and September 9, 2008 Read More...
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Disgraced Marlene Draper spouted utter contempt for the voters she represented

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

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

ocregister
Extreme makeover, CUSD edition: Capo Unified school district parents do the right thing and recall obstacles to reform.

An Orange County Register editorial

Perhaps now, finally, the tumult at the Capistrano Unified School District can die down, following a stunning and overwhelming recall this week of two of the school board's holdouts from the bad old days. Longtime Trustees Sheila Benecke and Marlene Draper were tossed out of office by overwhelming majorities, with about 70 percent of voters agreeing to recall both members. Ms. Benecke was replaced by former Assemblyman Ken Maddox, and Ms. Draper was replaced by teacher Sue Palazzo.

The two new board members’ three reform-oriented colleagues won their seats in November 2006. The reform crowd holds a 5-2 majority. It has taken three years and enormous time, money and effort to gain control of a board that was previously known for its consistent unanimous votes and its unyielding support for a powerful former superintendent – James Fleming, who faces criminal charges in August related to his compilation of an "enemies list" of district parents who had supported a previous recall attempt.
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CUSD Recall wins by a landslide, marking the historic end of the Fleming era at CUSD

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CUSD Recall Committee thanks all who supported reform at CUSD


Tom Russell, Spokesperson
CUSD Recall Committee



To All Friends of Reform at CUSD,

Last Tuesday’s special election was a remarkable event. Seventy percent of South Orange County voters spoke loudly and clearly: “YES” on CUSD Recall, marking the historic end of the Fleming-era at CUSD.

The CUSD Recall Committee is grateful to the many of the volunteers, donors, elected officials, community organizations, voters and others, without whose support, none of this would have been possible. We can all share in the pride of knowing we took a stand for the betterment of education for the children of South Orange County.

Trustees-elect Sue Palazzo and Ken Maddox will be sworn in next Tuesday, July 1
st, at 6:00 p.m., at which time the board, currently led by old guard trustee Mike Darnold, will be reorganized. We hope all persons of good will come to witness this historic event.

Finally, please read the following
editorial from the June 26th edition of the Orange County Register. It captures the spirit of accomplishment and the future hope of CUSD Recall.

Sincerely,

Tom Russell
Spokesperson
CUSD Recall Committee
cusdrecall@cox.net

* * *

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Important Notice to Voters from Sue Palazzo & Ken Maddox

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From the Desk of Sue Palazzo & Ken Maddox:

Please vote 'YES' on CUSD Recall - June 24th




To Our Friends and Supporters:

The June 24th Special Election Day is fast approaching! We urge you to
“Vote Yes” on the CUSD Recall.

The targets in this recall election (Marlene Draper and Sheila Benecke) must be removed from office now.

According to the District Attorney, CUSD shifted resources away from students to create an unlawful list of political “enemies.” The criminal prosecution, dishonesty and misuse of funds have caused many of our school facilities to fall into disrepair.

The two of us, Sue Palazzo and Ken Maddox, are committed to providing the students the best education possible. We come from different backgrounds – but we each are dedicated to restoring honesty, integrity and accountability to our public school system. Our children all currently attend, or have previously graduated from, CUSD public schools.
Read More...
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Important Notice to Voters from State Assemblymember Todd Spitzer

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PLEASE VOTE “YES” ON THE CUSD RECALL ON JUNE 24th

Robocall message delivered to South OC residents by
Todd Spitzer, Assemblymember, 71st Assembly District

Hello, this is Todd Spitzer – your California State Assemblymember.  Education is my top priority - I care deeply about our kids. I have children in our public school system as well. That’s why I'm urging you to Vote Yes on the CUSD Recall – Tuesday, June 24th.

We need to restore honesty, integrity and accountability to our troubled school district. Please mark your calendars for Tuesday, June 24th.

Vote Yes to recall the incumbents, AND in their place,

Elect
Sue Palazzo and Ken Maddox, two highly qualified reform candidates.

If you vote by mail, please return your completed ballot
Today.

Thank you
.

Todd Spitzer
California Assemblymember
71st Assembly District


The CUSD Recall Committee is grateful to the numerous elected officials, community leaders and prominent community organizations who have supported or endorsed the CUSD Recall, reform candidate Sue Palazzo and/or reform candidate Ken Maddox, including:

• State Senator, Dick Ackerman
• State Senator, Mark Wyland
• State Senator, Dennis Hollingsworth
• State Assemblymember Chuck Devore
• State Assemblymember Todd Spitzer
• State Assemblymember Audra Strickland
• State Assemblymember Mimi Walters
• State Board of Equalization Member, Michelle Steel
• CUSD Trustee, Ellen Addonizio
• CUSD Trustee, Anna Bryson
• CUSD Trustee, Larry Christensen
• Aliso Viejo Mayor, Carmen Cave
• Dana Point Councilmember, Lisa Bartlett
• Dana Point Councilmember, Diane Harkey
• Dana Point Councilmember, Lara Anderson
• Dana Point Councilmember, Joe Snyder (ret.)
• Laguna Niguel Councilmember, Linda Lindholm
• Mission Viejo Mayor, Trish Kelley
• Mission Viejo Councilmember, Frank Ury
• Rancho Santa Margarita Councilmember, Tony Beall
• Rancho Santa Margarita Mayor, Neil Blais
• Rancho Santa Margarita Councilmember, Gary Thompson
• Rancho Santa Margarita Planning Commissioner, Tom Russell
• San Clemente Councilmember, Steve Knoblock
• San Juan Capistrano Councilmember, Mark Nielsen


For more information, please visit the CUSD Recall Committee website at: www.cusdrecall.com
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Renew CUSD: Vote “Yes” on the Recall Special Recall Election June 24th

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Special guest column by CUSD Trustees Ellen Addonizio, Anna Bryson & Larry Christensen that appeared in the June edition of the Trabuco Canyon News




Come June 24th, constituents who live in the Capistrano Unified School District (CUSD) will have the opportunity to make a positive change in direction of our troubled school district.

Three years ago, citizens dedicated to reforming CUSD gathered over 177,000 signatures in a failed attempt to recall all seven members of the Board of Trustees. The following year, the three of us sought seats on the seven-member school board running as the “ABC Reform Slate” candidates.
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Important Notice to Voters from Tony Beall: Vote "Yes" on CUSD Recall - June 24th

Tony Beall_2
Tony Beall, RSM Councilmember and Proud Member of the CUSD Recall Committee

I'm proud to be at the forefront of the fight to reform the Capistrano Unified School District.

Our five-year campaign to restore honesty, integrity and accountability into the Capistrano Unified School District has already achieved much...and on election night, we will celebrate a truly remarkable achievement:

For the first time in nearly two decades, the seven-member CUSD Board of Trustees will have a majority of Trustees dedicated to restoring honesty, integrity and accountability!

Please vote --
Tomorrow, June 24th -- If you vote by mail - return your completed ballot Today.

Please "Vote Yes" to recall Marlene Draper and Sheila Benecke.  

Please elect Sue Palazzo and Ken Maddox to replace them.

You can visit our website at
www.CUSDrecall.com to learn more about these very important issues.   

Please do not hesitate to contact me at cusdrecall@cox.net should you have any questions, require any additional information or if I may ever be of any assistance to you.

Thank you.

Tony Beall
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Important Notice to Voters from State Assemblymember Mimi Walters

Mimi Walters2
PLEASE VOTE “YES” ON THE CUSD RECALL ON JUNE 24th

Robocall message delivered to South OC residents by
Mimi Walters, Assemblymember, 73rd Assembly District


Hi, this is Assemblymember Mimi Walters. The education of our children is one of my highest priorities. That is why I’m urging you to
Vote Yes on the CUSD Recall on June 24th.  

We need positive change in our troubled school district.
Please – mark your calendar for Tuesday, June 24th.

”Vote Yes” to recall the incumbents, AND in their place, elect Sue Palazzo and Ken Maddox - two highly qualified reform candidates.

If you vote by mail, please return your completed ballot Today.

Thank you.

Mimi Walters
California Assemblymember
73rd Assembly District


For more information, please visit the CUSD Recall Committee website at:
www.cusdrecall.com
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Oh no, not that again! "Good Things Happening in CUSD"? Superintendent Carter borrows one right out of the James Fleming playbook

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• OC Register reveals CUSD high schools performance as below average
• Carter ignores facts and attacks OC Register study, instead
• Carter announces another revisionist dog and pony show

In his latest
weekly update, Superintendent Woodrow Carter (aka Arnold Carter) announced his reaction to the OC Register's May 30th study of Orange County's Best High Schools. Carter's reaction proves how thoroughly he has embraced the corrupt practices of the Fleming old guard at CUSD.

Contrary to years of "happy talk" from CUSD, the OC Register study revealed the performance of CUSD high schools to be below average across the board. But never a district to let facts challenge the incessant, self-laudatory praising of the old guard, Carter has announced he will do what his predecessors have done best since the darkest days under the leadership of now-indicted, former Superintendent James Fleming...he's going to SPIN!
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CUSD Recall Committee Calls for Repudiation of Illegal Secret Superintendent’s Contract

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Committee Also Calls for Public Censure of Superintendent and Board President

Board President Mike Darnold and Superintendent Woodrow Carter signed illegal secret contract

See CUSD Recall Committee’s formal complaint letter.
See CUSD Recall Committee press release.
See illegal secret superintendent's contract.
See Government Code section misrepresented by superintendent.
See OC Register cartoon that mocks Carter's secret contract.

Rancho Santa Margarita, CA. The CUSD Recall Committee filed a formal complaint today against Capistrano Unified School District Superintendent Woodrow Carter (aka Arnold Carter) and Board President Mike Darnold for fraud, conspiracy and continuing intentional violations of the Brown Act and other applicable laws. Read More...
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O.C. Republican Party Endorses CUSD Recall

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Irvine, CA. The Orange County Republican Central Committee has officially endorsed the CUSD Recall campaign to remove from office embattled Capistrano Unified Trustees Marlene Draper and Sheila Benecke. The Republican Central Committee also officially endorsed Sue Palazzo and Ken Maddox, the two reform candidates running to replace the disgraced incumbents.

The CUSD Recall special election will be held on
June 24th.

CUSD Recall Committee spokesperson Thomas Russell was present for the May 19th Central Committee meeting and stated, “We are pleased the Republican Party agrees that Marlene Draper and Sheila Benecke should be recalled and removed from office.”
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Superintendent Carter and Trustee Darnold Sign Secret, Illegal Contract

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CUSD Recall leader says contract is unenforceable and calls for complete investigation

Tom Russell, Spokesperson, CUSD Recall Committee

My name is Tom Russell. I am the spokesperson for the CUSD Recall Committee.

On February 25
th -- the same night this Board called a Special Meeting to fire hundreds of teachers and increase class sizes, a split Board voted in closed session to offer Superintendent Woodrow Carter (aka Arnold Carter) a new three-year contract and a massive salary increase.

Understandably, a deafening public outcry immediately resulted, and hundreds of constituents urged Superintendent Carter to reject the offensive contract offer for the good of the district.

To his credit, Superintendent Carter publicly rejected the outrageous contract terms and on multiple occasions confirmed he would not sign the contract.
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Secret and Illegal Superintendent’s Contract Discovered

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Carter Podium Hi_2
• Superintendent Carter and Old Guard Trustee Mike Darnold Executed and Delivered Secret Agreement Purporting to Give Controversial Superintendent Huge Salary Increase and Golden Parachute

• Superintendent Had Publicly Rejected the Contract Offer


Rancho Santa Margarita, CA. Despite numerous public statements to the contrary, it has now been confirmed that CUSD Superintendent Woodrow Carter (aka Arnold Carter) and Board President Mike Darnold executed and delivered a secret and illegal superintendent’s employment contract. This action violated the California Brown Act and other applicable laws, and the contract is unenforceable for numerous reasons, including the following:

See
illegal secret agreement, press release, news coverage and speech delivered by CUSD Recall Committee Spokesperson Tom Russell at the May 12, 2008 CUSD board meeting. Read More...
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Local CRA units endorse CUSD Recall, Palazzo and Maddox

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Mission Viejo, CA. Four South Orange County units of the California Republican Assembly have officially endorsed the CUSD Recall campaign to remove from office Capistrano Unified Trustees Marlene Draper and Sheila Benecke. The CRA units, which cover the entire Capistrano Unified School District, include:

• Ladera Ranch Republican Assembly, based in Ladera Ranch,
• Rancho Santa Margarita Republican Assembly, based in Rancho Santa Margarita
• Saddleback Republican Assembly based in Mission Viejo, and
• South Orange County Republican Assembly based in Dana Point.

The CRA units also officially endorsed Sue Palazzo and Ken Maddox, the two reform candidates running to replace the incumbents in the upcoming June 24th special recall election.
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Spitzer Calls on legislature to fund education; Republicans commit to uphold funding for Prop 98

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The CUSD Recall Committee received the following email and press release from Assemblyman Todd Spitzer, today.

Assemblyman Todd Spitzer, 71st Assembly District


See Press Release

As a former high school teacher and elected school board trustee, I have always made the protection of our education system my top priority.  The Governor proposed his budget in January and indicated that it would be necessary to make cuts to our classrooms.

Since then, thousands of parents, teachers and students have contacted me to express your distress about the Governor’s proposed budget cuts to education.  I have been working with my colleagues to develop a responsible education plan that fully protects Proposition 98 and yet does not rely on raising new taxes. Read More...
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Capistrano Dispatch reader questions CUSD Foundation's Class Size Reduction fund drive

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Here's a letter that was emailed to the CUSD Recall Committee by Capistrano Dispatch reader, Tom Griggs.

Dispatch Reader:

Recently Mission Viejo residents received notices (
See attached) placed in their children’s backpacks and school binders by CUSD employees. The notice reads in large print “CUSD teachers deserve our support, not pink slips.” The notice encourages donations of $400 dollars per student in order to offset budget shortfalls.  

In a recent conversation CUSD Foundation member Stacy Flynn, told one Mission Viejo parent, “the state budget cuts have created a $7 million dollar short fall for CUSD, and this donation drive will help to fill that shortfall in state budget cuts.” When the parent asked Ms. Flynn if the state had actually reduced the budget amount from last year, or if the cut was in the amount of the increase, Ms. Flynn stated, “No the state has reduced the budget” and that the parent was “misinformed.”
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Court Strikes Illegal Campaign Statements “in their entirety”

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Recall Targets Had Been Sued Over False, Misleading and Illegal Statements

Rancho Santa Margarita, CA
. An Orange County Superior Court has stricken “in their entirety” the 200-word candidate statements filed by recall targets Marlene Draper and Sheila Benecke, two trustees of the Capistrano Unified School District. A copy of the court order is attached hereto.

The court’s action ensured Draper and Benecke’s illegal campaign statements will not be published in the sample ballots to be sent to all voters prior to the June 24 special election.

Leaders of the CUSD Recall Committee filed the lawsuit seeking court intervention to strike numerous “false, misleading and illegal statements” made by Draper and Benecke in their optional “Candidate Statement of Qualifications.”
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CUSD Recall Court Hearing Set For Monday

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Lawsuit Asks Court To Sanction Trustees Draper and Benecke for Illegal Campaign Statements

Recall Committee leaders and lawsuit petitioners Jennifer Beall and Tom Russell

Rancho Santa Margarita, CA. On Monday, April 28, 2008, a superior court judge will hear the lawsuit brought by members of the CUSD Recall Committee asking the court to strike numerous false, misleading and illegal statements contained in candidate statements filed by recall targets Marlene Draper and Sheila Benecke, two trustees of the Capistrano Unified School District (CUSD). The matter has been scheduled for hearing before Judge Steven L. Perk on:

Monday, April 28, 2008, at 8:30 a.m., in Department C32 of the Superior Court of California, County of Orange, at 700 Civic Center Drive West, Santa Ana, CA 92701.

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Recall Targets Sued Over Illegal Campaign Statements

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CUSD Recall Committee Members Ask Superior Court To Sanction Trustees Draper and Benecke

Recall Committee leaders Jennifer Beall and Tom Russell

See copy of
complaint and press release.

Rancho Santa Margarita, CA. Yesterday, leaders of the CUSD Recall Committee filed a legal action in Orange County Superior Court against Marlene Draper and Sheila Benecke, two trustees of the Capistrano Unified School District (CUSD).

The legal action seeks expedited court intervention to strike numerous false, misleading and illegal statements made by Draper and Benecke in the optional “Candidate Statement of Qualifications” each filed with the Orange County Registrar of Voters on April 12th. Any final approved Candidate Statement of Qualifications will be published in the sample ballot sent to all voters prior to the special election.
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ABC Reform Trustees expose, condemn new Brown Act violation by Fleming-era Trustees and call upon D.A. to intervene

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Joint Statement Condemns New Brown Act Violation and Effort to Conceal Critical Information from the Public

Ellen Addonizio, Anna Bryson and Larry
Christensen, the "ABC Reform Trustees"


San Juan Capistrano, Ca.
We believe that during our most recent March 24th board meeting, the four Fleming-era Trustees (Marlene Draper, Sheila Benecke, Mike Darnold and Duane Stiff) violated the Brown Act -- again. We believe the facts clearly demonstrate they did so with a specific intention to conceal from the public critical information they knew should have been made available to the public. As a result of this most recent flagrant violation (which continues a systematic pattern of illegal actions), we hereby call upon the Orange County District Attorney to immediately intercede. As a result of these illegal actions, we also will demand that the official agenda for our next board meeting on April 21, 2008 include an item calling upon CUSD to stop all expenditures and further action to construct the San Juan Hills High School Football Stadium Complex because all prior approvals for that project were obtained by presenting misleading and incomplete information to the Board of Trustees – and to the public.

On March 24
th, we recessed into closed session for the stated purpose of participating in a conference with legal counsel related to potential litigation. Agenda Item 3A was entitled:

A. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION
Significant Exposure to Litigation: Two Cases…”

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CUSD Recall Committee endorses Sue Palazzo and Ken Maddox, the "P.M. Reform Slate" for CUSD board

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Announcing The “P.M. Reform Slate”
Reform CUSD -- “Before It’s Too Late”
Palazzo & Maddox Endorsed by CUSD Recall Committee

Sue Palazzo, Candidate 2nd District - See Biography
Ken Maddox, Candidate 5th District - See Biography


Rancho Santa Margarita, CA
. Sue Palazzo and Ken Maddox announced today their candidacy for seats on the Capistrano Unified School District (CUSD) Board of Trustees in the upcoming recall election. The CUSD Recall Committee proudly endorses Palazzo & Maddox – the “P.M. Reform Slate” Candidates.

After an exhaustive search for the very best candidates, the CUSD Recall Committee is confident that Palazzo & Maddox will put the best interests of the children and the taxpayers above all other interests in each decision they make. We are also confident these reform candidates will ask the tough questions, hold the CUSD administrative staff accountable for their actions, and work to create a transparent organization that is responsive to the community. Read More...
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Indignant Trustee Bryson exposes old guard corruption and incompetence

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The following hard-hitting speech was delivered by reform Trustee Anna Bryson at the March 10, 2008 CUSD board meeting immediately following the pathetic, emotional and error-ridden speech read by Trustee Mike Darnold.

I wish to speak. I will respond on behalf of the three of us seated here, Ellen Addonizio, Larry Christensen and I’m Anna Bryson.

I dislike having the integrity of the three of us impugned, when we have sacrificed a great deal in order to bring the first budget in the black to this community, to this board. In six years…five of the prior six years before we were elected, the budgets were in the red, which means that this board was not doing their taxpayers fiscal oversight.

This was brought up, I believe three meetings ago, in January, when Miss Draper, Trustee Draper told me that I was not telling the truth about the circumstances of the reserves of this district, at which point I called upon Sherry Hahn, our chief financial officer, who stated not only was I correct, but it was even more grave than I had stated. That it was presently at 2.2, not 2.4 at that point.
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Emotional Mike Darnold attacks South OC voters, the Press and the ABC trustees

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The following emotional and error-ridden speech was read by Trustee Mike Darnold at the March 10, 2008 CUSD board meeting.

Thank you Trustee Draper. I umm…I just want to make a statement that I prepared. It’s…umm…I’m gonna read it so that I don’t screw it up.

Umm…first of all, I’m not a politician. I have absolutely no political aspirations. Generally, speaking, pretty much I avoid conflict at all cost. I’m a rather, umm…I’m a rather, umm passive person who would really rather pray for my detractors than confront them.

Umm…the reason…uh…that I’m speaking today is I’ve always avoided using the…my position here on the board to air my personal thoughts, because they’re just that, they’re personal.

My position as a board member is to be of service to the constituents of Capistrano Unified. I make every effort possible to assure quality education and work for the other…with the other six board members to provide the vision for the future. And that’s what we’re tasked to do.

However, the time has come for me to stand up publicly for what I believe to be true.
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Draper plans to oppose the recall

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This speech by Marlene Draper at the March 10, 2008 CUSD board meeting reveals she is in complete denial of the problems facing CUSD.


By Trustee Marlene Draper


Mr. Darnold, would you mind allowing me to respond.

Umm…the campaign I plan to…to perform, is to reach out to the parents of our district, the parents of the children in the wonderful schools, to vote against the recall.

I am not planning on seeking re-election in…in November, but I think it is incumbent to remember that good, solid leadership is important in this district.

And it is a tragedy that right now the recall occurs at a time, and at a cost that equates to about ten teachers and ten classrooms, 766,000 dollars, which I think is a tragedy.

Thank you.
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OC Registrar certifies enough signatures for recall. CUSD Recall Leaders: “We Are One Step Closer!”

Group leading effort to recall Marlene Draper and Sheila Benecke received approval today from OC Registrar of Voters

Rancho Santa Margarita, California: Today, leaders of the CUSD Recall Committee were informed by the Orange County Registrar’s Office that the Registrar had certified the recall petition against Marlene Draper and Sheila Benecke, two Trustees of the Capistrano Unified School District (CUSD).

On January 28
th, The CUSD Recall Committee submitted to the Orange County Registrar 66,000 petition signatures – 60% more than required, to recall embattled Capistrano Unified School District Trustees Sheila Benecke and Marlene Draper. Read More...
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Full Disclosure re-releases six-part series on parents' battle to restore honesty, integrity and accountability to CUSD

School Corruption
Special cable series: Orange County Cox Cable Channel 31
Chaos follows corruption allegations in OC school district
Release Date:  March 7, 2008  

Orange County, CA.
   The Full Disclosure Network® is re-releasing a ground-breaking six part series covering the historic battle to restore honesty, integrity and accountability to the Capistrano Unified School District (CUSD). The citizen revolt began in 2005 with a petition drive to recall all seven members of the Board of Trustees and has now culminated in a full scale criminal investigation of the school board members and the indictment of former superintendent James Fleming for multiple felonies.

Provocative Series This provocative series will be featured on Cox South Orange County Cable Channel 31 starting Wednesday March 12th at 6 p.m., and will continue each and every Wednesday for the next six weeks. Read More...
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Town Hall Meeting to Discuss: "What Impact Will California’s Budget Crisis Have on South Orange County?"

Several local officials will be featured, including ABC Reform Trustees

Rancho Santa Margarita, Ca. On February 19th, a Town Hall Meeting focusing upon the impacts that the State’s budget crisis will have upon South Orange County will be held in Rancho Santa Margarita. A panel of several prominent local elected officials will analyze and discuss these issues of critical importance to all residents. The panel will include:

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Three Trustees from the Capistrano Unified School District, Ellen Addonizio, Anna Bryson and Larry Christensen, who will address the particularly severe impacts on our local school district and their plans to address it.

Todd Spitzer
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71st District Assemblyman Todd Spitzer, Rancho Santa Margarita Mayor Neil Blais and Rancho Santa Margarita Councilmember Tony Beall, who will act as the moderator for the event.

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Parents Advocate League Executive Director reacts to Monday night's Board meeting

We received the following letter by Parents Advocate League Executive Director Julie Collier in a Feb 13 mass email from district reform advocates.

Dear Superintendent and Trustees,


I am a parent of a 3rd grader in Mission Viejo. I was in attendance at last evening's meeting and I have to tell you how completely saddened I am at the lack of respect you (with exception of 3 board members)have shown toward our Mission Viejo Schools.

First, I would like to address your lack of preparation as it pertains
to our boundary issues.  I can't count how many times I heard you, Mr. Carter, make this statement, "I don't have that information in front of me."  We were in front of this board in December.  This was TWO months ago. Read More...
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MV reform advocate addresses CUSD Final Budget Workshop, shares essay on Newhart overcrowding by Barbara Casserly

We received the following Feb 12 email from Sharon O'Brien, a Mission Viejo reform advocate affiliated with Save Our Schools in C.U.S.D. ("SOS").

Dear Parents,

The extreme fallout from last night's board meeting is too incredible and mountainous to put in one email so I will give you some topline and other resources to read.

This feedback distribution list began with bus transportation and after last night, the buses are pretty much a thing of the past.  Unfortunately, buses are now the least of our problems.

In last night's meeting, the CUSD reform trustees were magnificent and really spoke up for the interests of Mission Viejo , especially Newhart Middle school (see attached essay for details). The Superintendent recommended "do nothing" for the overcrowding at Newhart and the 4 old guard trustees agreed, despite calls to look at other options (stop bussing San Juan kids into our city, look at k-6, etc.).  They moved on to address the concerns of San Clemente residents who had turned out in full force last month over their overcrowding issue and worked very hard to resolve that constituency's problem.

See CUSD Board Update: 2008-09 Budget Development

See Essay on Newhart Overcrowding by By Barbara Casserly Read More...
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Recall Committee files third complaint re Old Guard Brown Act violations in less than a month

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Letter from CUSD Recall Committee to Trustees Sheila J. Benecke, Marlene Draper, Mike Darnold and Duane Stiff

Complaint #3 re Brown Act Violations; Improper February 11, 2008 Meeting Agenda

Tom Russell, CUSD Recall Committee Spokesperson

Dear Trustees Benecke, Draper, Darnold and Stiff:

The purpose of this letter is to demand that you postpone and remove from the February 11, 2008 Board Agenda Items No. 37 – 41 relating to the construction of several multi-million dollar construction projects at the $150,000,000 San Juan Hills High School. For the reasons set forth below, taking action on these items would constitute a knowing and intentional violation of the California Public Records Act, the Brown Act and other applicable laws requiring competitive bidding.
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ABC Reform Trustees issue joint statement calling on Fleming Trustees to comply with Brown Act and transparency in hiring legal counsel

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Joint Statement Calling For Complete Compliance with the Brown Act and Transparency in Hiring New Legal Counsel

Ellen Addonizio, Anna Bryson and Larry
Christensen, the "ABC Reform Trustees"


San Juan Capistrano, Ca. In the election of November 2006, the people of Capistrano Unified School District elected the three of us to the Board of Trustees by 17% landslide margins of victory – a clear mandate for change. We ran as the “ABC Reform” candidates on a reform platform, vowing to restore honesty, integrity, accountability and transparency to CUSD.

In October of 2007, the Orange County District Attorney issued a report citing dozens of instances where the four Fleming-era Trustees (Marlene Draper, Sheila Benecke, Mike Darnold and Duane Stiff) illegally discussed district issues in secret behind closed doors, in violation of the Brown Act. In order to avoid further enforcement action by the District Attorney against them, Trustees Sheila Benecke, Marlene Draper, Mike Darnold and Duane Stiff accepted the findings of the District Attorney’s report, admitted they had repeatedly violated the Brown Act, and promised to fully comply with the law in the future.

They have broken that promise.

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"A recall of of Benecke and Draper would be a bargain, and the sooner the better."

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In the following comment to our January 28th blog, SoCoGuy explains some of the reasons why we should not wait for the Nov 2008 general election to remove Benecke and Draper.

Recall targets Sheila Benecke (left) and Marlene Draper (right)

Some have said that we should wait until the November general election to bounce Benecke and Draper out of office to save the district the cost of a recall election. I would ordinarily agree, however, these two Fleming-era leftovers keep proving they cannot be trusted to vote in even one more board meeting than necessary.

Last October, they admitted to repeatedly violating the state's open meetings law (the Brown Act) to avoid civil prosecution by the D.A. But in every regular board meeting since then, they have continued to violate the Brown Act by failing to provide proper public notice of important agenda items. The urgency is that the proposals Benecke and Draper are advocating without proper notice involve district spending of millions on very controversial (and arguably, luxurious) projects to the exclusion of well-known, needier projects.
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66,088 Petitions to Recall CUSD Trustees Benecke and Draper Submitted to O.C. Registrar of Voters

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Santa Ana, CA The CUSD Recall Committee proudly announced today at a noontime press conference that it had successfully gathered 66,088 petition signatures – 61% more than required, to recall embattled Capistrano Unified School District Trustees Shelia Benecke and Marlene Draper. The 66,000 signatures were filed with the Registrar of Voters immediately after the press conference held at the offices of the Orange County Registrar of Voters.

40,986 signatures – 20,493 per trustee – are required to qualify for an election to recall and remove Trustees Benecke and Draper from office.
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CUSD Recall Committee To Submit Petitions to Registrar

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• More than 66,000 Recall Petition Signatures Gathered
• Press Conference Will Take Place Just Before Final
Submission to Registrar


Tony Beall (left) Tom Russell (right)

Rancho Santa Margarita, CA The CUSD Recall Committee proudly announces that it has successfully gathered more than enough petition signatures to recall embattled Capistrano Unified School District Trustees Shelia Benecke and Marlene Draper.

The Recall Committee gave Trustees Benecke and Draper until noon, last Friday, to resign or face certain recall. Benecke and Draper did not respond, thereby leaving the CUSD Recall Committee no choice but to file the original recall petitions with the Registrar of Voters.

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CUSD was at financial risk at the hands of the Old Guard long before state cuts were announced

Here’s the inconvenient truth that Superintendent Woodrow Carter, Old Guard CUSD trustees and staff and union bosses and PTA leaders would rather not discuss. As they all “Shout Out” to point fingers at their new common enemy in Sacramento, they turn attention away from themselves and years of disastrous financial failures they continue to cause or enable right here in CUSD.

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, after years of serial deficits and tens of millions in cuts due to their incompetence and misspending that already have hurt the children, they have assured that the impact of new state cutbacks will be even worse for CUSD than other, more responsible districts.

De Nicola is spokeswoman for CUSD.
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Benecke admits to gross incompetence. "As you know, I do not read my packet..."

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In a fax memo from Trustee Shelia Benecke to James Fleming, Benecke admits to gross incompetence in carrying out her basic duties as an elected trustee. Benecke states:

"As you know, I do not read my packet..."

Parents expect their children to do their homework -- don't they expect at least that much out of their elected officials?

Read Benecke's fax memo here Read More...
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CUSD Recall Committee To Hold Press Conference

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• Date and Time: Tuesday, Jan 22, 2008, 12:00 noon
• Place: Entrance to CUSD administration building
• Signed Recall Petitions To Be Displayed
• Last Chance for Recall Targets to Resign Before Signatures Are Submitted

Tony Beall (left) Tom Russell (right)

Rancho Santa Margarita, CA The CUSD Recall Committee proudly announces that it has successfully gathered more than enough petition signatures to recall embattled Capistrano Unified School District Trustees Shelia Benecke and Marlene Draper.

It has now become painfully obvious there is a desperate need for an immediate change in leadership at the Capistrano Unified School District. We are seeking to recall Trustees Benecke and Draper because they have permitted a culture of corruption to infect our school district and because they have grossly mismanaged school district finances.
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Mean-spirited CUSD hijinks reveals corrupt mindset of CUSD old guard and their contempt for CUSD constituents

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Fax cover memo with Henness poem attached:

Hennes:
"Jim, I just had to share the poetry that Bruce wrote following last night's meeting."
Fleming: "Shelia, Phenominal! What a talent. JF"

Left: James Fleming; Right: Shelia Henness

If you took offense at being called “jackasses” and being told to “slither” to the podium by Trustee Shelia Benecke, you haven’t heard anything yet.

Just read the following poem by Bruce Henness, husband of former Trustee Shelia Henness, who takes mean-spirited contempt for CUSD constituents to new heights. The accompanying fax cover reveals that Shelia Henness agreed with her husband and couldn’t wait to share his disgusting “masterpiece” with then Superintendent James Fleming, who praised the disgraceful poem as “Phenominal!” and Henness’ husband as “a talent.” For insight into the corrupt and hateful mindset of the CUSD old-guard that made the infamous CUSD enemies lists and other forms of retaliation possible, read the soon-to-be infamous Henness poem, below, and the original fax memo,
here: Read More...
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CUSD Old Guard Trustees Violate Brown Act…Again

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Admitted Law Breakers Authorized Bidding for Millions – With No Public Notice

Sheila Benecke, Marlene Draper, Mike Darnold and Duane Stiff, the "Fleming-era Trustees"

Rancho Santa Margarita, CA – The CUSD Recall Committee filed a formal complaint against Capistrano Unified School District Trustees Shelia Benecke, Marlene Draper, Mike Darnold and Duane Stiff, for actions they took during their most recent CUSD Board Meeting in violation of the Brown Act and other applicable laws.

In particular, Trustees Draper, Benecke, Darnold and Stiff (the four senior, members of the Board who served with recently-indicted former Superintendent James Fleming) voted to approve sending several highly controversial, multi-million dollar construction projects out to bid
projects that were never placed upon an official board agenda. Read More...
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Fleming and CUSD Officials Sued Over Illegal “Enemies Lists” and Sending “Moles” Into Private Homes

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• District Officials Systematically Targeted CUSD Committee Members
• District Officials Illegally Accessed Confidential Records on Multiple Occasions
• Action Seeks to Hold Wrongdoers Accountable and to “Send Message” to Future Leaders
• Plaintiffs Pledge to Return Net Proceeds to Cash-Strapped School District


Rancho Santa Margarita, CA. Today, members of the CUSD Recall Committee – and their children – filed a legal action in Orange County Superior Court against Capistrano Unified School District’s recently indicted former superintendent James Fleming, recently indicted assistant superintendent Susan McGill, and each of the seven elected “old guard” trustees who for years worked with Fleming.

The legal action seeks to hold the defendants accountable for their unlawful actions that violated the plaintiff’s civil rights and right to privacy, including actions related to the creation and use of illegal “enemies lists” and sending moles into private homes to spy on their political enemies.

See copy of
Complaint and Press Release. Read More...
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ABC Reform Trustees join chorus of elected officials calling for old-guard resignations

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Joint Statement Calling for Immediate Resignation of CUSD Trustees Sheila Benecke and Marlene Draper


Ellen Addonizio, Anna Bryson and Larry
Christensen, the "ABC Reform Trustees"

San Juan Capistrano, California – In the election of November 2006, the people of the Capistrano Unified School District elected the three of us to the Board of Trustees by 17% landslide margins of victory – a clear mandate for change in the administration of the school district. We ran as the “ABC Reform” candidates on a reform platform, vowing to restore honesty, integrity and accountability, as well as returning scarce dollars back into the classroom. We answer only to the constituents of CUSD and we are charged to do what is best for all of the district’s 53,000 students, as a community.

Under the watch of Trustees Sheila Benecke and Marlene Draper, the school district has experienced a tumultuous decade of controversies that has included unlawful secret meetings, misappropriation or mismanagement of public funds, five years of budget deficit spending (2002-2006), unchecked funding of questionable building projects compounded by misrepresentations of their funding, including the extravagant construction of the district’s 126,000 square foot administration building. Read More...
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ABC committee members resign over flawed boundary assessment process and district's failure to take responsibility

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Here we go again! With the parent-vs-parent controversy orchestrated by Marlene Draper and CUSD staff over the San Juan Hills High School stadium issue not even cooled down yet (see, "Another turf war brewing in CUSD"), the planning wizards at CUSD have set the stage for another parent-vs-parent brawl.

Rather than taking responsibility for the controversial Vista del Mar attendance boundary issue themselves, the old guard and their staff have put well-meaning, but inexperienced parents on the Attendance Boundary Committee -- placing them in the line of fire as convenient scape goats and avoiding responsibility for doing the job themselves.

"The whole process is flawed," said former Attendance Boundary Committee member and parent Ron Frantz, 50, of Mission Viejo, who resigned from the committee during last month's public hearing. "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."
January 6, 2008, The Orange County Register Read More...
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Holiday fun with the Flemster, Sheila and Marlene

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Oh m'gosh! Former CUSD superintendent James Fleming and Trustees Sheila Benecke and Marlene Draper have been elfed! Jimbo may be indicted, and Sheila and Marlene may be the targets of a pending recall, but they haven't lost their holiday spirit...or their tricky moves. Join them for some hoppin' holiday fun.


(January 2, 2008: Sadly, with the passing of the holidays, so has OfficeMax's Elf-Yourself online fun feature. But it was a great holiday romp with CUSD's most infamous while it lasted.)

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Old guard snubs ABC's and voter mandate...again

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It was only a month ago that the Fleming-era trustees (Benecke, Draper, Darnold and Stiff) accepted the findings of a scathing report by the Orange County District Attorney, confirming that they had repeatedly violated the state's open meeting law by conducting the district's business in illegal closed session meetings. But last night, these unrepentant trustees demonstrated once again that they have no shame, using their 4-3 majority to elect three of their own, Darnold, Stiff and Benecke, to serve as president, vice president and clerk of the board for the next year. ABC reform trustee Anna Bryson was defeated in bids to become president and vice president in successive 3-4 votes.

The status quo Fleming-era trustees continue to prove how out of touch they are with the reform mandate sent by their constituents in the November 2006 general election when the ABC reform trustees were elected in landslide victories. Last night, the contrast between the status quo senior trustees and the ABC reform trustees couldn't have been clearer. It was also clear that the old guard is hunkering down for a fight to the bitter end, leaving no doubt that district reform will be impossible as long as they remain, and leaving reformers no choice but to complete the recall of Benecke and Draper ASAP.
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Stiff does turnabout on SJHHS stadium bid; joins other Fleming trustees in proceeding before facilities assessment is completed

CUSD Board sends San Juan Hills High School projects out to bid

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The Capistrano Dispatch The Capistrano Unified School District Board of
Trustees voted 4-3 to elicit bids for several large projects at San Juan Hills High School including the campus aquatic facility and the football stadium. Trustees at the previous board meeting tabled the item after concerns that other district campuses needed more essential improvements. The item returned to consideration last night and was passed on yes votes by Mike Darnold, Duane Stiff, Sheila Benecke and Marlene Draper after the wording was changed so that the projects would only go out to bid. Like the vote earlier on the board presidency, Addonizio, Bryson and Christensen banded together for the no vote. Once the bids return the board will discuss whether or not to proceed with the projects based on the costs and an assessment of other facility needs.
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Fleming, McGill criminal trial delayed

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James Fleming and Susan McGill will appear in court again in February

The criminal trial of former CUSD superintendent James Fleming and former CUSD associate superintendent Susan McGill, scheduled to begin on December 7, 2007, has been delayed for two months after a judge granted a motion by McGill's attorney to reconsider the evidence for McGill's perjury charge. The hearing on the perjury evidence has been set for February 8, 2007. Fleming has been charged with embezzlement by a public officer, use of school funds to urge support or defeat of a ballot measure or candidate, and conspiracy to commit acts injurious to the public. McGill has been charged with perjury and conspiracy to commit acts injurious to the public.
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Attendance boundaries at issue again? Say it isn't so.

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"It's deja vu, all over again."

Thanks to the incompetence of the planning geniuses at CUSD, parents are in an uproar over attendance boundary change proposals...again. About 200 parents crowded CUSD HQ Thursday night to protest two proposed revisions to school attendance boundaries that would force some children to attend elementary and middle schools up to five miles from their neighborhood campuses. At least with parent committees "responsible" for the proposals, the old-guard Fleming trustees and their trusty staff can do some of their traditional finger-pointing.
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SJHHS stadium...it's baaaaack!

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Draper, Benecke, Darnold and Staff set the stage for another parent vs. parent brawl

Just when you thought it was safe to expect some rare, but welcome financial responsibility from CUSD, some of those persistent Fleming-era trustees and staff members bring back the controversial SJHHS stadium proposal, eager to spend meager district resources before the long-awaited, district-wide facilities needs assessment and master plan are even finished. Fiscal responsibility? Facilities equity? They continue to prove that they don't have a clue what those terms mean, as they undertake to cherry pick expensive pet projects, making a mockery of the district's master plan, driving the district into deeper financial peril, and setting the stage to pit parent against parent, again, at next Monday night's Board meeting.
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Arroyo Vista's controversial principal Elaine Hart "retires" abruptly

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The career of another loyal soldier of the corrupt Fleming regime just came to an abrupt end.

The announcement came mid-term, without prior notice and with only a flimsy "to-pursue-other-opportunities" excuse, suggesting Hart actually "retired" to avoid imminent termination. She leaves a legacy of an
over-built school, wasted millions and a bitterly divided community. In the face of overwhelming community opposition, Hart helped champion the ill-conceived Arroyo Vista school expansion in one of the most dishonest, partisan campaigns in CUSD history. Hart was notorious for playing favorites, covering up district wrongs and openly targeting district critics for retaliation. She helped Fleming co-opt a corrupt and politicized PTA that continues to misinform parents and obstruct true district reform. Hart's departure is an overdue, but welcome step in the right direction.
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OC Register editorial calls for Fleming-era trustees to resign

Clouds lifting at CUSD, Board accepts that it violated open-meeting law
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Editorial, The Orange County Register The Capistrano Unified School Board’s 4-0 decision last week to accept the Orange County district attorney’s findings that the board had repeatedly violated the state’s open meetings law was perhaps the most sensible decision the board has made in quite a long time. The three newest board members – Anna Bryson, Ellen Addonizio and Larry Christensen – rightly abstained from the vote, given that they had nothing to do with the legal violations of the past board. Read More...
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Message to the Fleming-era trustees of the CUSD board: The people want you to resign

Real-world experience of a CUSD Recall signature gatherer
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By Michelle Russell, CUSD resident and CUSD reform volunteer

I am a CUSD resident, a CUSD Recall and ABC Reform volunteer and one of the parents whose name appears on the CUSD “enemies” list. Over the past three years I have worked as a petition gatherer in the campaigns to recall senior members of the CUSD Board of Trustees.

In that time, I have met thousands of people throughout the district who have given me a clear picture of how our communities really view CUSD – and it’s not the view that is generally portrayed by you and your staff during the many board meetings I have attended.
Read More...
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With chronic open-meetings law violations confirmed by D.A., chorus of outrage and demands for resignations grows

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With their guilt confirmed by the District Attorney, the only honorable thing for the Fleming-era trustees to do is resign. Due to their repeated breaches of the public trust, the district cannot heal or "move on" until they are gone. Their refusal to resign at this point would be selfish and arrogant, inviting prosecutions by the District Attorney, causing further disruption to the district and forcing the need for recall -- all at the expense of the children.

Sheila Benecke and Marlene Draper
Two of the Fleming-era trustees
Read More...
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Reform volunteer calls on parents, taxpayers to attend Nov 5th CUSD board meeting to demand equity in facilities spending

Dear concerned CUSD parent/taxpayer:

Your help is urgently needed to fight the latest mismanagement and inequity in CUSD. Here's why:

*  The "old guard" majority on the Board of Trustees is set to approve up to $12 million dollars in funding to put in a pool and football stadium at the new San Juan Hills High School (SJHHS). This is on top of the estimated $142 million they have already spent on this school that has an enrollment of only 640 students. Meanwhile;

*  Students throughout the district sit in substandard, aging facilities with moldy portables, leaky roofs, old dirty carpeting, inadequate or non-existent multi-purpose rooms, rodent infestations, playgrounds/parking spaces that have been taken up by portables to ease overcrowding, etc. (see pictures below) and; Read More...
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Another turf war brewing in CUSD

Marlene Draper and CUSD staff are playing special interest politics again, and setting the stage for more community dissention

By Tom Russell, Spokesperson
CUSD Recall Committee


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Last Monday night’s board meeting (October 15) was an unfortunate reminder of the days when former Superintendent Fleming played politics by pandering to local community interests, usually at the expense of other communities within the district. If things didn’t go smoothly, Fleming cleverly diverted the attention of angry parents away from him and his staff, to other parents in the district, causing some of the nastiest turf wars in South Orange County history. Fleming, in his own demented way, even bragged about some of the despicable tactics he used to divide communities in an article he submitted to the American Association of School Administrators.

This time, however, the seeds of dissention were being sewn by Fleming-protégé Marlene Draper, who pandered to the interests of parents at the district’s new “gold-plated” San Juan Hills High School.
Read More...
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Republican Party of Orange County Unanimously Asks Capistrano USD Trustees to Resign

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County Party Disgusted with Conduct of School Board Members

(IRVINE, CA) - The Republican Party of Orange County Central Committee, with over 100 elected members, unanimously approved the following resolution pertaining to four members of the Capistrano Unified School District. Resolution of the Orange County Republican Party Central Committee on Monday, October 15, 2007 - passed by unanimous vote of the Committee:

Be it resolved that the repeated and consistent Brown Act violations, as reported by the Orange County District Attorney, and other egregious acts by Marlene M. Draper, Sheila J. Benecke, Duane E. Stiff and Mike Darnold are inconsistent with our Republican Party principles and, accordingly, the Republican Party of Orange County Central Committee asks these Trustees to immediately resign from their positions as Trustees of the Capistrano Unified School District.

"The four people that were asked to resign are all registered Republicans, but they are not governing by our party's principles," said Scott Baugh, Chairman of the Republican Party of Orange County. "The cumulative effect of all their improprieties leads us to no other conclusion but that these Republicans have forfeited their support from the Republican Party and they should resign."

For more information on the Republican Party of Orange County, please visit us at
www.ocgop.org

See copy of official GOP press release.
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CUSD teacher concerned about district's emphasis on standards, while quality of educational experience suffers

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

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

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

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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.
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Trustee Stiff admits the Fleming-era trustees knowingly violated the law!

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• Stiff speaks out and rises above his corrupt Fleming-era colleagues.
• It's "case closed" for Benecke, Draper and Darnold.
• The evidence is in and it is time for them to resign.

The October 9th DA report states that the Fleming-era trustees will not be prosecuted criminally for violations of the Brown Act for want of evidence of their intent to violate the law. Ignoring the utter shame of the findings of wrongdoing in this scathing report, Benecke, Draper and Darnold are attempting one last desperate spin, claiming that they didn’t know what they were doing was wrong, that they relied upon bad advice from counsel.

Well, the facts contradict this disingenuous argument and, now, there is direct evidence from one of their own that they intended to violate the law.
Read More...
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D.A. report confirms numerous CUSD Brown Act violations -- and demands an admission of guilt

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Orange County District Attorney Tony Rackauckas issued this morning a 58-page report relating to their investigation of the Capistrano Unified School District Board Board for numerous Brown Act violations. The scathing report confirms that former Superintendent Fleming and his old guard Trustees knowingly violated the Brown Act on multiple occasions.

Here are links to copies of the District Attorney’s
investigative report and cover letter.

The District Attorney has now given the corrupt old guard Board Members a choice. The District Attorney has confirmed that legal action will be commenced against the CUSD Board for these obvious violations of the Brown Act, UNLESS the CUSD Board takes a formal vote to admit their guilt and accept the District Attorney's detailed findings that confirmed the old guard committed numerous violations of the Brown Act. Read More...
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Fleming, McGill pretrial hearing postponed until December 7th

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Susan McGill

Day In Court For Indicted Ex-Sup Delayed

By Daffodil Altan, OC Weekly

An Orange County judge granted a new pretrial hearing date for ex-superintendent of Capistrano Unified School District, James Fleming and ex-assistant superintendent, Susan McGill. The pretrial hearing was scheduled for this morning, with a jury trial set to begin Oct. 29, but lawyers for both McGill and Fleming requested the new date of Dec. 7. A new jury trial date will not be set until after the Dec. 7 pretrial. Both Fleming and McGill were indicted in late May for conspiring to commit acts injurious to the public and misappropriating district funds to create lists of proponents of a recall election intended to oust the seven school board trustees. McGill was additionally indicted on a perjury charge. (See
"Hard Knocks", Oct. 5). Read More...
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Superintendent Carter establishes Intra-District Committees to increase accountability and transparency, and build community trust

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From CUSD Interim Superintendent Woodrow Carter
Daily News Blast by The Capistrano Dispatch

It has been an exhilarating first month for me here in Capistrano Unified. I appreciate your warm welcome, and have enjoyed meeting so many involved parents, outstanding teachers, and hard-working students. This truly is an impressive school district, and I am proud to be part of it.

As your new interim superintendent I have pledged to increase accountability and transparency, and work to build trust in our community. To this end, I am working with our seven trustees to establish regular Intra-District Committees. Each committee will meet monthly, working on a variety of issues with staff, asking questions and providing input. Initiatives will then be brought forward from the committees to the full school board for consideration.
Read More...
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How Southern California Parents Won Back Their School District

Full Disclosure Network ® Cable TV and Internet Series on CUSD Recall Campaign

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Parents in South Orange County successfully fought to take back control of the Capistrano Unified School District (CUSD). Full Disclosure Network® cable television program has recorded the historical battle within the school district that started back in 2005 and has taken almost two years, on its way to completion all documented on seven DVDs to date, including six complete shows, along with three stimulating video news blogs. This special series, on the CUSD grassroots Recall and School Reform campaign, is featured on 45 cable television systems. Also, available for viewing, via streaming video, on the URL: http://www.fulldisclosure.net/cusd.html Read More...
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OC Weekly investigates the ongoing campaign to reform CUSD

Hard Knocks
Hard Knocks
Three years in the life of the Capistrano Unified School District

BY DAFFODIL J. ALTAN

Daffodil Altan, OC Weekly THE VAST GLITTERING MEETING ROOM AT CAPISTRANO Unified School District’s shiny new headquarters is crowded this evening. It’s Monday night, the first week of school, and tonight’s board of trustees meeting is the first for the new interim superintendent, Woodrow Carter. He’s the third person to fill the slot in the past year.

The meeting begins with that staple of school-board gatherings across the nation, a syrupy video presentation about kindergarteners. Audience members chuckle at the squirmy kids on the two giant screens.

But many in the room aren’t laughing. Some watch with their lips pursed. Others shake their heads. Glances are exchanged across rows of chairs; the video does little to mask the tension that hangs in the room like a heaving storm cloud.
Read More...
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SJC City Council rescinds 2005 resolution opposing recall of CUSD trustees

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The Capistrano Dispatch
DAILY NEWS BLAST: Neutral On CUSD

The City Council on Tuesday voted 3-1 to rescind a 2005 resolution that supported CUSD trustees under fire in an attempted recall. The vote, with Joe Soto abstaining because of a landscaping contract with the district, officially leaves San Juan Capistrano with "no position" on the current recall attempt against Trustees Marlene Draper and Sheila Benecke. A handful of residents and Councilman Lon Uso argued the move should have gone farther to support the current recall, but that effort failed to garner any support. Councilman Tom Hribar voted against even rescinding the 2005 decision. Read More...
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SJC City Council should withdraw its opposition to recall

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Public comments, San Juan Capistrano City Council meeting
By Barbra Casserly, Mission Viejo

Good evening Honorable Mayor and City Council. Thank you for providing me with the opportunity to speak. My name is Barbara Casserly and I am a resident of Mission Viejo.

The last time you considered this item you considered the cost of the election. I ask you to consider the cost of allowing the current leadership to continue to take from our children’s schools. We cannot allow the current leadership to pass one more budget. We are experiencing our sixth year of budget deficits because for several years CUSD was a district where our seven Trustees voted together – on every single item. Details were left to key staff members who were rewarded with frequent contract renewals and high praise. CUSD Trustees did not display dirty laundry in public as the dirty laundry was swept under the rug the infrastructure of the district started crumbling.
Read More...
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Reform advocate identifies basic inequities of CUSD's misplaced priorities

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Letter to the Editor of The Capistrano Dispatch
By Sharon Campbell, Mission Viejo

I am a longtime parent volunteer and active supporter of Capistrano Unified School District (CUSD) schools. I, like many others, have dedicated time to serve the students and staff of CUSD. As a resident of Mission Viejo I can say I have never believed Trustee Draper had any interest in the condition of the schools or the children of my community. I have heard her talk a lot about the schools and children in San Juan, but in the past three or four years I have not heard any level of interest about other communities in CUSD, and I attend every board meeting. Trustee Draper does not seem to understand the impact she has on the schools outside her own city. I recently wrote to her about two comments I continually hear her make that led me to my conclusion, but she did not respond.
Read More...
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OC Weekly reports on San Juan Hills High - and cuts through the CUSD "happy talk"

Surreal Estate
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A short, strange trip up the winding road to the brand-new, landfill-adjacent San Juan Hills High

BY DAFFODIL J. ALTAN

Daffodil Altan, OC Weekly The new San Juan Hills High School in San Juan Capistrano has all the makings of a state-of-the-art facility—tennis courts; an expansive performing-arts center; track, baseball and soccer fields. But a young freshman could find her trip to the new school’s pristine, as-yet-unfinished campus to be, well, a trip.

She might or might not know about the controversy surrounding the school—from the vote by residents in 2002 to not build the school there to the Capistrano Unified School District’s decision to go ahead anyway; from how much it has cost (a whopping $140 million) to the lawsuits over the use of race during the drawing of district boundaries. As it stands today, it is nearly complete and has its first signs of wide-eyed freshman life pouring in (fewer students than the district expected enrolled as sophomores, so the school opened with only the freshman class of 600 students). It is, after all, the first school built since 1964 in a district with crowded high schools. Read More...
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Welcome Interim Superintendent Carter

Public comments delivered at the September 10, 2007 CUSD Board Meeting by Tom Russell, Spokesperson for the CUSD Recall Committee

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My name is Tom Russell. My child is on the CUSD enemies list. So is my wife, and so am I. I am the spokesperson for the CUSD Recall Committee.

Welcome, Interim Superintendent Carter. We sincerely appreciate your interest in our school district and, based on your background and experience, we have high hopes for the good that you can accomplish at CUSD.

We agree that CUSD does have all the ingredients for a successful school district -- except one. Unfortunately, the CUSD board lacks a majority with honesty, integrity and accountability. This is why we attempted to recall the Fleming-era trustees in 2005, and why we have been compelled to commence another recall, just recently.
Read More...
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RSM Mayor Pro Tem calls for Fleming trustees to step aside for the good of the community

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

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

Our new Interim Superintendent Woodrow Carter (aka Arnold Carter), who joins Capistrano Unified on September 4, shared this Back-to-School message with all CUSD employees: Arnold Woodrow Carter, Interim Superintendent

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A new school year presents opportunities for various beginnings—new teachers, new classes, new faces, new students, sometimes new courses, new principals and leaders, and this year...A New Superintendent!

Summer time and vacations can be great healers; and as we approach the opening day of a new school year, the end-of-year pressures that plagued us in June now seem quite remote and inconsequential. I am starting my first year with you, and I want it to be a memorable one.
Read More...
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More CUSD excuses - new SJHHS principal offers more pap to gloss over planning failures and serious safety issues

Tony Ferruzo
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.
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City Officials Join Call For School Trustees To Step Down

Full Disclosure Network® previews newest in series of investigative video news reports on CUSD culture of corruption. Click here to see Full Disclosure video preview.
498-9CUSD Update[1]

• Internet exclusive: On Full Disclosure® Video News Blog
• Video Preview Time: 8:19 min.
• Release Date: September 1, 2007

Orange County, CA:
Parents, taxpayers and Americans who have been frustrated with the leadership of their local School Boards, can look to South Orange County California for what will surely be a text book case for how to conduct a complete political revolution, using the democratic process. The Full Disclosure Network®(FDN) presents a FREE eight minute Internet video preview of the two latest episodes (Part 5 and 6) of an on-going cable TV series covering the real life grassroots campaign to recall or replace all seven of the elected Trustees within the Capistrano Unified School District (CUSD). Read More...
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OC Weekly assesses recall chances: "A lock. With Fleming already indicted and a well-seasoned recall team ready for war."

Recall Madness!
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Sheila Benecke, Mike Darnold, Marlene Draper, Duane Stiff, Trustees of the Capistrano Unified School District


Gustavo Arellano, OC Weekly Opponents Accuse Them Of: Mishandling millions of dollars in school funds, gerrymandering school boundaries to ensure racial diversity, and being lackeys for former superintendent James Fleming, whom the Orange County Grand Jury indicted for misappropriating funds and creating an enemies list. Read More...
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CUSD Recall Petitions Approved

Trustees Sheila Benecke and Marlene Draper to Face Recall

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Santa Ana, CA. Today the CUSD Recall Committee received confirmation the Orange County Registrar of Voters had approved the Petition to Recall Capistrano Unified School District Trustees Sheila Benecke and Marlene Draper. Recall Proponents may now formally begin the process of collecting signatures from 10% of the registered voters in the School District to qualify the recall election. They have 160 days to circulate and submit petitions. The grounds for the recall read as follows: Read More...
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Capistrano Unified hires interim leader

Former military officer to take over in September.

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By Sam Miller, The Orange County Register

Capistrano Unified trustees hired a longtime military officer to take over as interim superintendent of the county's second-largest school district.

Woodrow Carter
(aka Arnold Carter), who has been superintendent of the 23,000-student Fairfield-Suisun Unified School District since 2005, is expected to start in early September. Terms of his contract are being negotiated, but his stay is expected to last for nearly two years, district spokeswoman Beverly De Nicola said. Read More...
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It's time to take back our school district. School board recall kick off party

Parents in the Capistrano Unified School District invite you to join us for a School Board Recall Kick Off Party

CUSD reform mailer Rep_Page_2
Date and Time: Wednesday, August 29, 2007, 5:30 PM to 7:30 PM
Place: Casta del Sol Golf Course, 27601 Casta del Sol, Mission Viejo
Complimentary hors d'oeurves and beverages, no host bar
R.S.V.P. to Barbara Casserly, (949) 637-4687 or bcasserly@cox.net
Recall petitions will be available
Donations needed and appreciated - Please make checks payable to Committee to Reform CUSD. Read More...
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Capo Unified won't pay legal fees of ex-superintendent

James Fleming has been indicted for allegedly creating enemies lists to thwart a recall.

By David Haldane, Los Angeles Times Staff Writer

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The Board of Trustees of the Capistrano Unified School District voted unanimously Monday not to consider a request by former Supt. James Fleming to pay his legal fees stemming from an indictment for allegedly creating enemies lists to thwart a recall. Read More...
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Final petition forms to recall Trustees Benecke and Draper submitted to OC Registrar

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On Thursday August 9th, the final petition forms to recall Trustees Sheila Benecke and Marlene Draper were submitted to the OC Registrar.  As a result, authorization to start collecting petition signatures should be received during the week of August 20, 2007.

After consulting with the recall proponents and the three seated CUSD Reform Trustees, for strategic reasons a decision was made not to circulate petitions to recall Trustees Duane Stiff and Mike Darnold.
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Read More...
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New Outrage: Fleming Asking Taxpayers to Pay for His Criminal Defense!!!

• Fleming Asks Taxpayers to Fund His Criminal Defense
• Calls for Accountability and Resignations of Fleming-Era Trustees Increase

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Rancho Santa Margarita, CA. The CUSD Recall Committee has learned that James Fleming, the indicted former superintendent of the Capistrano Unified School District, has submitted a formal request to the school district asking that taxpayers pay for his criminal defense. As part of the on-going criminal investigation of the CUSD leaders, District Attorney Tony Rackauckas recently announced the indictment of former Superintendent James Fleming on three felony counts. If convicted, Fleming could serve up to four years in prison.

See Fleming criminal attorney fees request letter Read More...
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CUSD spokesperson says CUSD is a 'full disclosure' agency, but district stonewalling tells a different story

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

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

For the good of the district, please step forward, do the right thing

It’s obvious we are now witnessing the final gasps of the corrupt Fleming regime. The four leftover trustees – Benecke, Draper, Stiff and Darnold – are on their way out. The employees of CUSD no longer need to hide in fear. Now is the time to come forward and expose the corruption you have witnessed at CUSD.

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Benecke, Draper, Darnold and Stiff
The Leftover Fleming Trustees

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

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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 improper concealment of the district’s financial affairs wasn’t your only purpose in violating the state’s open meetings law.
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Draper spins herself sleezy, under oath, to justify secret meetings

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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.
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"For these reasons, we now serve upon you official recall papers."

Public comments addressed to the CUSD trustees at the July 2, 2007 board meeting

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My name is Tom Russell. As you know, I have one child attending school in CUSD.

My child is on the CUSD enemies list. So is my wife…and so am I.

Today, you are scheduled to meet in closed session where you are scheduled to consider who will be the next interim superintendent – the third since recently indicted former Superintendent James Fleming left in disgrace.
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1990-1991 Grand Jury Report exposes the deep roots of, and players behind the CUSD culture of corruption

It looks like Benecke, Draper and others at CUSD are up to their old tricks ... very old tricks.

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Have you read the 1990-1991 Grand Jury report on CUSD’s unethical and illegal conduct during the 1989-1990 Measure A Mello-Roos election?  The issues are strikingly similar to those recently exposed in numerous CUSD scandals, and those recently investigated by the Orange County District Attorney and the 2006-2007 Grand Jury, and which recently became the subjects of formal criminal indictments against former superintendent James Fleming and former assistant superintendent Susan McGill. Read More...
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CUSD Troubles Were Predicted

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Lon Uso, My View, The Capistrano Dispatch

Is it possible for me to take my City Council hat off for a minute and discuss an issue that I have been talking to you about for six or seven years, an issue that we may all be sick of hearing about but is so very important none-the-less, the CUSD.

I was personally not shocked to hear of the indictments of Jim Fleming and Susan McGill, although I thought there would be a few more names included, of course this may change before this article is published.
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Opening statement by Board President Sheila Benecke at the June 4th meeting of the CUSD Board of Trustees

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As you know, Dennis Smith resigned last week as superintendent of CUSD. When we hired Dr. Smith, he told us he looked forward to helping the district recover from a protracted period of controversy and divisiveness. In accepting that challenge, he and the board BELIEVED that the contentious atmosphere in our district could be bridged with his leadership. We believed that divisive elements in our community were prepared to focus on the future. We believed that we could start the process of rebuilding confidence in the district. That was the optimistic context in which he accepted the position. Read More...
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Dennis Smith: the ultimate quitter

Steven Greenhut
From Steven Greenhut, Orange Punch blog:

Capistrano Unified School District is no doubt fortunate that its new superintendent, Dennis Smith, quit and decided to return to his old job. As the Register reported, Smith was slated to take over the district on July 1, but had effectively been serving as superintendent throughout May. He bailed out after the indictment of the former superintendent, and said: Read More...
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Statement by Board President Sheila Benecke regarding the resignation of Superintendent Dennis Smith

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The Board of Education was informed today that Dr. Dennis Smith has reconsidered his decision to accept the position as our new superintendent of schools. He was to have assumed that role effective July 1, 2007. In the transition, he has been assisting the district for the past two months on an interim basis. As Trustees, we respect his decision and wish him continued success as superintendent in the Placentia-Yorba Linda Unified School District. Read More...
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Dennis Smith's resignation letter

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Dear President Benecke and Members of the Board of Education,

As you know, I have been anticipating beginning my first term as your new superintendent on July 1, 2007.  I have looked forward to working with the current board members to establish a new vision that enables the district to move forward.  That optimistic view was based on a presumption that several legal controversies and leadership challenges facing the district had been resolved.  Together, we thought Capistrano Unified was positioned to launch a new and exciting chapter in its history.
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Lesson in hubris at Capo Unified

Indictments of former superintendent, assistant, should encourage community vigilance

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Editorial, The Orange County Register

The indictment last week of two former top officials at Capistrano Unified capped a long and bitter battle at that south county school district over efforts to reform leadership that had grown arrogant and out of touch with the public. An indictment is a far cry from a conviction, but the county grand jury’s decision is indeed vindication for the hearty band of parents who attempted to recall the school board and offers encouragement for grass-roots activists who want to keep their government accountable. Read More...
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Fleming's foes are just getting started

LA Times logo

Opponents of the indicted former Capistrano Unified superintendent are now going after remaining trustees who supported him.


Dana Parsons, Orange County, 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.
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It's official - former superintendent James Fleming, former assistant superintendent Susan McGill indicted!

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• Highest ranking school officials ever charged in Orange County
• Charges include misappropriation of funds, conspiracy, perjury
• DA says he's not finished, possibly more indictments to follow
Recall leaders demand Fleming trustees' resignation or face recall



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See the KCAL 9 Television News report Read More...
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How the mighty have fallen

Steven Greenhut
From Steven Greenhut, Orange Punch blog:

We get news that former Capistrano Unified School District Superintendent James Fleming and Assistant Superintendent Susan McGill were indicted by the grand jury. Fleming was indicted for misappropriation of public funds, for using school funds to defeat a recall of his political allies and conspiracy, according to DA Tony Rackauckas' statement. McGill was indicted for conspiracy and perjury. These are all felony charges, relating to their efforts to stop the recall and the compilation of an enemies list.
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Capistrano Unified School District Superintendent and Assitant Indicted for Creating "Enemies List" and Misusing School Funds

OC DA Seal
• Orange County District Attorney Press Release
• Highest ranking school officials charged in Orange County History

SANTA ANA – An indictment was unsealed this morning against the former Superintendent and Assistant Superintendent of the Capistrano Unified School District (CUSD) for using public and school funds to create an “enemies list” of citizens supporting a 2005 recall election against the School District Board of Trustees.

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CUSD Trustee Benecke Violates Brown Act…Again

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Board President Refused to Take Action on Properly-Agendized Reform Items

The CUSD Recall Committee filed a formal complaint against Shelia Benecke, President of the Capistrano Unified Board of Trustees, for actions she took during the open session of the most recent CUSD Board Meeting in violation of the Brown Act and other applicable laws.

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Restoring Balanced Budget, Good Relations at District

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Dennis M. Smith, Superintendent, CUSD, The Capistrano Dispatch

I want to thank the Capistrano Unified family for your warm welcome as I begin my new assignment as Superintendent. The last several weeks have been busy but invigorating. I have met with community leaders, concerned and involved parents, hardworking employees, city officials, education professionals, and other constituents offering support. I am convinced more than ever that we share the same vision of academic excellence, integrity, community involvement, and dedication to our students.
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CUSD spokeswoman prepares district for staff cuts

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

Draper Won't Talk
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.
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Your Mello-Roos Tax Bill

Tony Beall_2
Tony Beall, Mayor, Rancho Santa Margarita, City Views, Trabuco Canyon News

When speaking with residents of Rancho Santa Margarita, I am routinely asked, “When will my Mello-Roos taxes go away?”

I am proud to say that our City Council is working to obtain the information and answers you need. Let me explain. Read More...
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Arroyo Vista PTA should tell CUSD to fix P.E. facilities deficiencies on school site, leave community park alone

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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. Read More...
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CUSD Trustee Benecke Caught Improperly Speaking for Board Without Authorization

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• Unauthorized letter purported to give district support to Arroyo Vista PTA's illegal political campaign.

• National, state and council PTAs deny "joining" or supporting Arroyo Vista PTA's improper and illegal political campaign.

• State PTA orders Arroyo Vista PTA to cease and desist.

Documents | Going Going Gone | Photos Read More...
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The Report’s In: Now What?

Jonathan Volzke
Jonathan Volzke, My Turn, The Capistrano Dispatch

Some will undoubtedly claim the findings of retired Judge Stuart Waldrip’s investigation into Capistrano Unified vindicate the district’s leaders.

After all, he finds the only one who might have committed any crime is spokesman turned whistle-blower David Smollar, and all the former superintendent and trustees are guilty of is bad judgment. To me, that’s a stinging indictment. I tend to count on my elected leaders for good judgment, taking it for granted they won’t break any laws.
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Draper supiciously confident about outcome of Waldrip investigation

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Marlene Draper, The Orange County Register "The most important factor is to make sure someone independent is looking at the entire situation ... Hopefully Judge Waldrip will come forward with some recommendations of how we can tighten this up and make this an even better district. I feel very comfortable that whatever comes out will benefit the district."

Gee, Marlene, any chance you heard about Waldrip's wishy-washy report before hand? Waldrip failed the "independence" test from the start, and though the report strained to make excuses for virtually everyone at CUSD, it's scope was actually limited to very few real issues. And how about those recommendations -- very little bark and absolutely no bite. The report clearly shows that no blame or accountability for you, your colleagues or staff were ever intended. No wonder you're comfortable.
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CUSD Board President Marlene Draper Called Before Grand Jury

page26_blog_entry89_summary_2 Scandal-Ridden Board President Forced to Testify for Three Days
• CUSD Recall Committee Calls For Draper’s Immediate Resignation

San Juan Capistrano, CA. As part of the on-going criminal investigation of the Capistrano Unified School District, Board President Marlene Draper just spent three days testifying before the Orange County Grand Jury. A criminal defense attorney charging $395/hour is representing Draper … and, the taxpayers will be forced to pay the bill! Read More...
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Signs that CUSD has learned its lessons

New leadership of Capistrano district admits mistakes, changes controversial policy

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Editorial, The Orange County Register Finally, Orange County residents are getting some good news from the Capistrano Unified School District, the massive south county district that has been plagued by scandal for several months and controversy for several years. The new administration, headed by interim Superintendent Charles McCully, is settling outstanding legal disputes and admitting mistakes that the district’s administration had made, which sends signals that, perhaps, badly needed reform is in the air. Read More...
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Casabianca Mailer Fraudulently Claims Bergeson Support

Former State Senator Endorses Challenger Anna Bryson

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Rancho Santa Margarita, CA. Scandal-Ridden CUSD Trustee John Casabianca just sent a deceptive mailer to voters across South Orange County suggesting that Former State Senator Marion Bergeson endorses and supports his re-election bid. Bergeson does not endorse or support John Casabianca – and she recently told him so. In fact, Marion Bergeson has proudly endorsed candidate Anna Bryson of the “ABC Reform Slate” for the CUSD Board of Trustees.
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CUSD recall mailer

Steven Greenhut
From Steven Greenhut, Orange Punch blog:

After the Capistrano Unified School District recall scandal, which drove imperial Superintendent Jim Fleming from his post after it was revealed that the district maintained an enemies' list of parents supporting the board recall, it will be interesting to see how the board elections go on Nov. 7.
Here is a mailer from the reform slate.

Posted at 09:50 AM Read More...
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Citizen Outrage Provokes School District Shake-up

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The Superintendent of Capistrano Unified School District, James Fleming, resigned office in disgrace, then the county District Attorney raided District offices, the Registrar of Voters was investigated and finally admitted giving the Superintendent illegal access to Recall petitions gathered by angry citizens trying to rid the district of corruption.  All this and more details are featured in a FREE 12 minute Internet preview of the FULL DISCLOSURE NETWORK™ series available for viewing, on demand 24/7.
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CUSD Trustee John Casabianca Forced to Appear Before Grand Jury

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Scandal-Ridden Trustee Forced to Testify for Two Days

San Juan Capistrano, CA. As part of the on-going criminal investigation of the Capistrano Unified School District leaders, Trustee John Casabianca has been called to testify before the Orange County Grand Jury. A criminal defense attorney charging $395/hour is representing Casabianca…and, it has just been confirmed, the taxpayers will be asked to pay the bill! Read More...
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CUSD Recall Election

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From the Talega News blog:

The following is a Blogjack from Talega resident, parent, attorney and long-suffering NY Jets fan Mike Winsten:


I hope you don't mind me contacting you this way. I am writing because you live in the Capistrano Unified School District, and for the first time ever, I am reaching out to support candidates in a local race for public office.

As you may be aware, I'm proud to be at the forefront of the fight to reform the Capistrano Unified School District, for oh so many reasons. I am writing to request that you strongly consider voting for challengers Ellen Addonizio, Anna Bryson and Larry Christensen for the 3 CUSD Trustee seats up for re-election on November 6, 2006. An informative campaign flyer is attached. Read More...
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Plot to Present Partisan Candidate Forum Uncovered

CUSD Incumbents Involved In Latest Attempt to Deceive the Public

Rancho Santa Margarita, CA. A plot to deceive the public into believing that an upcoming “Candidates Forum” is a legitimate, unbiased event has been uncovered.

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Evidence discovered by the CUSD Recall Committee clearly demonstrates the proposed Candidate’s Forum (scheduled for next Tuesday, October 3) is not an impartial event – it has been completely manufactured by, and is biased in favor of, the incumbents who are running for re-election to the CUSD Board of Trustees. Read More...
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Voter Registrar Braces for Onslaught of Complaints

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The Orange County Voter Registrar is bracing for an unprecedented and growing onslaught of criticism, as their voter registration database has become the focal point of complaints from citizen groups throughout South Orange County. In a ten-minute video news blog, the Full Disclosure Network™ has videotaped interviews with a cavalcade of angry citizens who say the OC Registrar has provided them with faulty voter registration data, undermining their confidence in the ability of the County to conduct accurate or fair elections. The FREE video news blog is available for viewing at the URL: http://www.fulldisclosure.net/flash/VideoBlogs/VideoBlog27.php "On Demand" 24/7 as a public service of the Full Disclosure Network™. Read More...
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Republican Party Endorses Capo Unified “ABC Reform Slate”

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Party Refuses to Endorse CUSD Incumbents

Orange, CA. Ellen Addonizio, Anna Bryson and Larry Christensen, the three reform candidates running for the Capistrano Unified School District Board of Trustees as the “ABC Reform Slate” have each been officially endorsed by the Orange County Republican Party.

Addonizio, Bryson & Christensen are also endorsed by The CUSD Recall Committee.
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Report makes excuses for registrar

Irregularities in handling Capo recall petitions are still not satisfactorily explained

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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.

Current registrar Neal Kelley has come under fire after the Register reported on mistakes and even a possible illegality in how he handled a recent failed attempt to put a recall election on the ballot. The matter concerned signatures handed in by supporters of a recall of the Capistrano Unified School Board and has been unusually contentious largely because of the sense that the registrar didn't handle the election professionally.
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Your tax dollars at work

Martin Wisckol
From Martin Wisckol, Total Buzz blog:

In case you missed
Sam Miller's story, the Capistrano Unified School District trustees voted last night to hire a $400/hour attorney to represent former Superintendent James Fleming in investigations being conducted by the distict attorney and the county grand jury. Fleming resigned at the end of last month amid growing controversy. The Total Buzz dossier on the matter is here. Read More...
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Capo crossed a line

Court says school district’s racial gerrymander violated
Proposition 209

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Editorial, The Orange County Register 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. Read More...
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Capistrano Unified Appoints Interim Superintendent

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News Release

Contact: Beverly de Nicola, Communications, (949) 234-9427

The Capistrano Unified School District (CUSD) Board of Trustees announced this evening the appointment of Charles E. McCully as interim superintendent effective August 31. Mr. McCully replaces Dr. James A. Fleming, who is retiring after 15-years as Capistrano Unified’s superintendent. Read More...
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Capistrano needs a new lesson plan

Now that the superintendent is retiring, it’s time for new life on the school board, too

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

Untitled Extract Pages
Judge Stuart Waldrip Spent 13 Years Working for CUSD’s Primary Law Firm

Rancho Santa Margarita, CA. Today, the CUSD Recall Committee sent a letter to the CUSD Trustees demanding they immediately relieve Judge Stuart Waldrip of his duties as CUSD’s “independent” investigator. The CUSD Recall Committee has discovered that Judge Stuart T. Waldrip was a senior partner with the law firm of Rutan & Tucker – CUSD’s primary law firm. Waldrip worked at Rutan & Tucker for thirteen years (from 1967 to 1979)! This obvious conflict of interest disqualifies Judge Waldrip from acting as CUSD’s independent investigator.
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“Reforming CUSD: Easy as ABC”

Addonizio, Bryson & Christensen endorsed by CUSD Recall Committee
 
San Juan Capistrano, CA.
  Ellen Addonizio, Anna Bryson and Larry Christensen have each filed with the Orange County Registrar to run for a position on the Capistrano Unified School District (CUSD) Board of Trustees in this November’s elections.  The CUSD Recall Committee proudly  endorses Addonizio Bryson & Christensen.

Ellen Addonizio C_2 Anna Bryson C Larry Christensen C
Ellen Addonizio, Anna Bryson, Larry Christensen

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Superintendent Fleming’s Real Legacy

CUSD Recall Committee Demands Fleming Be Removed Immediately

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Rancho Santa Margarita, CA. CUSD Superintendent James Fleming has “resigned” in disgrace. “This moves us one step closer to restoring honesty, integrity and accountability into our public school system,” said Thomas Russell, spokesperson for the CUSD Recall Committee.

A. Immediate Disciplinary Action Must Be Taken.

Very serious allegations involving criminal activity have been leveled against Fleming (and possibly the Trustees). An overwhelming amount
of evidence supporting these allegations has been made public. Given these facts, we believe Fleming cannot be allowed to serve another day as the Superintendent of the Capistrano Unified School District. Read More...
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Investigators Raid CUSD Headquarters

Search Warrants Served on Scandal Ridden School District

San Juan Capistrano.
The CUSD Recall Committee announces that investigators armed with search warrants are raiding the headquarters of the Capistrano Unified School District.

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Thomas Russell, spokesperson for the CUSD Recall Committee, the organization that led the unprecedented recall campaign, confirmed that committee leaders who have been working closely with D.A. investigators for nearly a year had been notified that search warrants had been obtained and were about to be executed. Read More...
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CUSD Lawsuit Set For Hearing

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From the Talega News blog:

Talega resident, attorney and all-around great guy Mike Winsten is getting his day in court.

On behalf of all Talega residents, he sued the Capistrano Unified School District claiming that their plan to bus high school age Talega residents to SJC (rather than allow them to attend San Clemente High School) is in violation of Prop 209.
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The real outrage isn't Fleming's son

Steven Greenhut
From Steven Greenhut, Orange Punch blog:

Sure, this is an outrageous case of nepotism and alleged corruption, whereby the son of Capo Superintendent James Fleming earned as much as $101 an hour digging ditches for a school contractor. Heck, that's nothing ... only about a third of what his Dad earns from taxpayers! As my editor points out, the real outrage is that this is what school districts are forced to pay for labor thanks to union work rules. School districts and other government agencies are always complaining that they don't have enough money and that parents are too stingy to constantly raise their taxes for new schools ... yet this is the type of union feather-bedding government agencies pay for.
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Republicans Refuse to Endorse CUSD Trustees -- Again

Incumbents Have Been Tarnished By Recall, District Attorney Investigation and Scandals

Orange, CA. The Endorsements Committee of the OC Republican Central Committee met tonight for the purpose of considering whether to recommend the endorsement of the three CUSD Trustees that must run for re-election in November (John Casabianca, Crystal Kochendorfer and Sheila Henness). Once again, the trustees were rejected.

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John Casabiance, Crystal Kochendorfer, Shelia Henness

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CUSD Trustees Fail To Relieve Superintendent Fleming From His Duties

King Fleming and his#2ECF17
• CUSD Recall Committee Reaction to CUSD Trustee July 29, 2006 Meeting.

• CUSD Recall Committee: Trustees Should Invite District Attorney to Investigate.

Rancho Santa Margarita, CA. Yesterday, the CUSD Trustees once again failed their constituents.

For more than three weeks, each of seven CUSD Trustees have refused to take any meaningful corrective action in response to the allegations and evidence of the Superintendent’s unethical and illegal activities. During the Board of Trustees meeting yesterday, a meeting that was supposed to be focused upon these issues, they failed to protect their constituents, they failed to hold Superintendent Fleming accountable, and they spent a good portion of their meeting praising Superintendent Fleming. Read More...
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OC Register's Greenhut hopes Neal Kelley will resign due to illegal acts and favoritism

Steven Greenhut
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.
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Good riddance to Fleming

Steven Greenhut
From Steven Greenhut, Orange Punch blog:

Capistrano Unified Superintendent James Fleming epitomized the arrogance that comes with excessive power. He stepped down after the Register reported that the district had compiled an enemies list of those who supported a school board recall. Fleming denied such a thing, then later admitted that he had a list, but claimed -- one of the most unbelievable claims I've heard in a long time -- that he compiled the data on parents and their children out of concern that they might be hacking into district computers. Talk about paranoia and deception.
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Superintendent Fleming “Resigns” In Disgrace

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CUSD Recall Committee Demands Fleming Be Removed Immediately

Rancho Santa Margarita, CA. CUSD Superintendent James Fleming has “resigned” in disgrace. “This moves us one step closer to restoring honesty, integrity and accountability into our public school system,” said Thomas Russell, spokesperson for the CUSD Recall Committee.

In announcing his resignation, Fleming posted three self-serving, self-aggrandizing and misleading statements on the CUSD official website. In summary, those statements provided:
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Republican Central Committee Refuses to Endorse CUSD Trustees

OCGOPLogo
Incumbents Have Been Tarnished By Recall, District Attorney Investigation and Scandals

Irvine, CA. The Republican Central Committee met tonight for the purpose of providing early endorsements to sitting Republican incumbents across Orange County. Generally speaking, all Orange County Republican incumbents in good standing receive the political party’s endorsement in a single, routine, “consent calendar” vote. However, there was nothing routine about tonight’s vote as far as the three CUSD Trustee incumbents were concerned. The Republican Central Committee refused to provide an early endorsement to any of the three CUSD Trustees that must run for re-election in November (John Casabianca, Crystal Kochendorfer and Sheila Henness). Read More...
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RSM City Council Demands Superintendent Fleming Be Fired

Some Council Members Call For Trustees To Resign

Rancho Santa Margarita, CA. At Wednesday night’s Rancho Santa Margarita City Council meeting, every member of the City Council spoke out about the current scandals that have rocked CUSD.

Mincing no words, four members of the RSM City Council publicly called for the CUSD Trustees to fire Superintendent James Fleming. City Council Members Gary Thompson, Neil Blais, Jerry Holloway and Mayor Pro Tem Tony Beall each expressed disdain for Superintendent Fleming’s involvement in the current CUSD “Enemies List” scandal.

Gary Thompson Neil Blais Jerry Holloway Tony Beall
Gary Thompson, Neil Blais, Jerry Holloway, Tony Beall

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Outside investigations in order for CUSD, registrar

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Editorial, The Orange COunty Register As the Register reported Tuesday, the Orange County Registrar of Voters illegally showed school board recall petitions to Capistrano Unified School District officials. If the registrar mishandled this information in such a way, then it’s not unreasonable to question whether the registrar could have mishandled the way it counted and disqualified recall petition signatures – the point argued by recall supporters in an ongoing lawsuit against the registrar. Read More...
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Draper denies existence of enemies list & infiltration of Registrar's office after one-day "investigation"

Didn't Happen

By Jonathan Volzke
Editor, (949) 248-2296
The Capistrano Dispatch


Draper 15_2[1]_2
School Board President Marlene Draper said school officials did not compile a hit list against parents supporting the recall, nor did Superintendent James Fleming dispatch any staffers to review the signed recalled petitions. She said the district has looked into the allegations -- reported in two front-page stories in the Orange County Register -- and found no evidence they're true. Draper made the statement before a dozen or so parents criticized trustees and Fleming -- many calling for his ouster. The meeting was so raucous that trustees retreated to a back room while a security official negotiated a way to calm parents. Read More...
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An enemies list at Capistrano Unified

School district’s Orwellian monitoring of recall-supporting parents is no small matter

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Editorial, The Orange County Register The Register reported on Monday 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.”
    
This is a chilling abuse of power that should be thoroughly investigated by the county district attorney. One parent, appropriately enough, called the behavior “Nixonish.”
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Fleming should be fired; victims should find good civil rights attorney

Steven Greenhut
From Steven Greenhut, Orange Punch blog:

The Register's front-page article today details an outrageous abuse of power that should result in a DA investigation, civil rights lawsuits against the Capistrano Unified School District and the firing of its arrogant superintendent James Fleming.

Read
"School district kept tabs on parents."

Posted at
10:32 AM
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CUSD Trustees and Superintendent engage in improper coercion, intimidation and fear

• Superintendent Fleming Has Created a Mafia-like Organization and Infrastructure
• Specific Examples of Coercion, Intimidation and Fear
• We call upon the District Attorney to conduct a full and complete investigation

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Superintendent James A. Fleming and the seven CUSD Trustees have institutionalized a district-wide atmosphere where parents, teachers and administrators are afraid to speak out for fear of retaliation. They improperly use their official office/capacity to intentionally create an environment within the district that makes it virtually impossible for any one to express disagreement with the district without being subjected to retribution or the threat thereof. The CUSD leadership routinely punishes (or threatens to punish) parents and their children, teachers and administrators who dare to speak out against them or their agenda. Conversely, the CUSD leadership rewards those who are loyal and willing to carry out their “dirty work.” Read More...
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OC Register Plans Story About CUSD "Enemies List"

CUSD Recall Committee Urges OC Register Not To Publish Names

San Juan Capistrano, CA. The CUSD Recall Committee has learned that Sam Miller and the Orange County Register plan to publish a story about a database that was kept by someone in the Capistrano Unified School District. The database includes the names, email addresses and some other personal information for people who early on were associated with the recall -- in particular, people who were on the recall group's electronic mailing list.
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“Reforming CUSD: Easy as ABC”

Addonizio, Brick & Christensen endorsed by CUSD Recall Committee

San Juan Capistrano, CA. Ellen Addonizio, Jack Brick and Larry Christensen have each declared their intention to run for a position on the Capistrano Unified School District (CUSD) Board of Trustees in this November’s elections. Today, the CUSD Recall Committee officially endorsed Addonizio, Brick & Christensen.

After an exhaustive search for the very best candidates, the CUSD Recall Committee is confident that Addonizio, Brick & Christensen will put the best interests of the children and the taxpayers above all other interests in each decision they make. We are also confident these reform candidates will ask the tough questions, hold the CUSD administrative staff accountable for their actions, and work to create a transparent organization that is responsive to the community. Read More...
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CUSD Recall Committee To Unveil Identities of Three Reform Candidates

Media Event.  This coming Thursday afternoon, representatives of the CUSD Recall Committee, the grass roots group of parents and concerned taxpayers that have led the widespread effort throughout South Orange County to recall all seven trustees of the Capistrano Unified School District will announce the identities of three reform candidates. These candidates will challenge the three CUSD incumbents who must run for re-election in this November’s elections. All television, radio and print media are encouraged to attend.

Date: Thursday, June 29
Time: 5:00 p.m.
Location: At the Front Driveway Entrance to the Controversial New CUSD Administration Building, 33122 Valle Road, San Juan Capistrano, CA Read More...
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CUSD Recall Committee Unveils New Blog

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“CUSD Recall Forum” Will Focus on Mismanagement and Corruption Within Capistrano Unified School District
 
The CUSD Recall Committee has just unveiled its official weblog/message board site – The
CUSD Recall Forum
  
The
CUSD Recall Forum may be accessed by clicking the link at the top of the official website of the CUSD Recall Committee, www.cusdrecall.com
  
This exciting new blog site will become the principal internet “gathering place” where concerned parents, teachers, taxpayers and elected officials can regularly check in for updates and provocative discussion relating to the campaign to reform the Capistrano Unified School District. Read More...
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$65,000,000 Measure A Bond: Fraud, Conspiracy, Misuse of Public Funds, Conflicts of Interest, Brown Act Violations

• 25% of funds improperly diverted to Fleming pet project
• District employee improperly chaired Oversight Committee meeting
• Oversight Committee disbanded with $20 million still unspent
• Oversight Committee members had financial conflicts of interest
• More Brown Act violations

On November 2, 1999, voters approved Measure A – a $65,000,000 bond measure designed to repair and modernize aging schools, bring them up to current earthquake standards, build four new schools, including a new middle school in San Juan Capistrano and a new high school, and new classrooms throughout the district to relieve overcrowding and solve problems associated with portables, which had covered so many playgrounds, the children lacked places to play.

The ballot measure (and legal bond documents) required that an “Independent” Oversight Committee be established to supervise spending of the bond proceeds. That Oversight Committee was convened on December 15, 1999 when CUSD appointed eleven (11) members. After carefully reviewing the ballot measure and minutes from the Oversight Committee meetings, it appears that CUSD officials made numerous false statements to the public and to Oversight Committee members, several committee members had financial conflicts of interest, and Brown Act violations occurred.

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Trouble at the O.C. Registrar?

Steven Greenhut
From Steven Greenhut, Orange Punch blog:

I'm glad that the proponents of a recall of the Capistrano Unified School District board have filed a lawsuit against the Orange County Registrar of Voters. Parents claim that the registrar unfairly rejected their petitions, and the registrar argues that he was only following state law. The only way to resolve this is in court. I am sympathetic to the recallers and read their report alleging improprieties in the registrar's office. I can't know which side is right, given that I have not analyzed the signatures. But I do know that this needs to be looked at by an impartial party, and that if the CUSD recallers' allegations are correct, that there could be major problems in the registrar's office. Read More...
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CUSD Recall Committee advises parent group and their counsel not to sue Registrar

• Committee deliberates and determines suit against ROV not advisable
• C4BR rejects Committee's advice, instructs counsel to ignore Committee
• Committee sends following letter to counsel for C4BR on Mach 30, 2006

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Mark S. Rosen, Esq.
600 W. Santa Ana Boulevard
Suite 900
Santa Ana, California 92701-4555

Re: Potential Legal Action Relating to CUSD Recall Petitions

Dear Mr. Rosen:

We understand that Becky Bauer, Kim Lefner and Kevin Murphy (collectively, your Clients) have approached you for the purpose of seeking a writ of mandate relating to mistakes made by the Orange County Registrar of Voters in refusing to certify the recall petitions against all seven members of the CUSD Board of Trustees. The purpose of this letter is to confirm that the CUSD Recall Committee does not support the proposed legal action. We would also like to make you aware of certain critical facts relating to the CUSD Recall campaign and the actions that have and are being taken by the CUSD Recall Committee.

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Parents Declare War on School Board

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Angry parents and citizens in South Orange County are featured in an eleven minute Full Disclosure Internet video, describing the unsafe and unsanitary classrooms, gross fiscal mismanagement and school corruption which has sparked their 2005 campaign to recall all seven members of the Capistrano Unified School District. Featured in the video are campaign leaders Tom Russell, acting spokesman, Mark Neilsen, campaign research and analysis and Jennifer Beall, a campaign organizer citing the various conditions that sparked the "mini-uprising". Read More...
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California’s shadow government

A watchdog group tests state agencies’ compliance with open-records law; many fail

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Editorial, The Orange County Register This is Sunshine Week – observed not to celebrate our weather but to focus attention on the rights of citizens to have ready access to public records. Unfortunately, like our overcast skies in recent days, not that much sunshine has been breaking through the operations of government.
    
A report released Tuesday by Californians Aware, a group that defends citizens’ rights to examine government, found that almost every state agency it examined failed to comply with state full-disclosure laws.
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A court should vote

Capistrano petition flap needs an impartial review

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Editorial, The Orange County Register Both sides in the 2000 Bush v. Gore battle over hanging chads believe election results were finagled for partisan reasons, rather than evaluated fairly. Whatever one’s view of that case, we all should agree that standards should be fair and evenly applied. Anything less is harmful to democracy.
    
Orange County is now immersed in an election-related battle with some similarities to that national case. On Nov. 8, 2005, a committee organized to recall all seven members of the Capistrano Unified School District board submitted 177,000 signatures to the county registrar. The group needed 142,947 signatures, or 20,421 signatures per board member.
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CUSD Systematically and Fraudulently Violates the California Public Records Act

CUSD routinely withholds public record information in violation of the California Public Records Act from citizens who request such information. CUSD appears to apply a double standard in its treatment of public records requests, favoring requests from the media and discriminating against requests from the general public. It’s not unusual for CUSD to provide next day service to members of the media, while members of the general public often wait weeks or months for the same information. Read More...
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CUSD Trustees Engaged In A Conspiracy to Violate Election Laws

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Kochendorfer 1_2
During the recent CUSD Recall campaign there were several incidents of interference with the signature gathering process, recall proponents' attorney, well-known election law specialist James Lacy, sent letters to all police chiefs in South Orange County and to CUSD Trustees Marlene Draper and Crystal Kochendorfer, detailing an illegal conspiracy to either shut down or to at least disrupt and dramatically curtail the success of the CUSD Recall signature gathering process. Read More...
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The truth about portables: CUSD has systematically and fraudulently violationed state environmental laws

• CUSD improperly filed multiple Title 14 Exemptions
• Completely ignored CEQA requirements
• Caused overcrowded and unsafe conditions
• Continues to engage in cover-up schemes


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CUSD has systematically, continually (an oftentimes in patently fraudulent manner) violated California law by expanding existing school sites to astonishing, unsafe and illegal levels. For years, CUSD has been illegally placing portable classrooms on the playground areas of schools without adhering to the safeguard and analyses required by the California Environmental Quality Act (CEQA). David Doomey, CUSD Assistant Superintendent in charge Facilities Planning, personally processed and approved virtually all of these patently illegal (and oftentimes fraudulent) actions. Read More...
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Falsifying Attendance Records

Fraud for the purpose of receiving state funding

We have received credible reports of CUSD school administrators intentionally falsifying attendance records for the purpose of obtaining State funding that CUSD otherwise would not have been entitled to receive. State funding for schools is based on average daily attendance (ADA). If a student is absent, the school district does not receive money for that child. Therefore, it literally pays for a school district to inflate attendance records to gain funding that they wouldn’t otherwise be entitled to receive. Although there are undoubtedly many, many examples, we have summarized two compelling cases where students were marked as “in attendance” when they were actually absent for extended periods of time for medical reasons.
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RSM City Councilmember urges voters to replace Fleming-trustees Casabianca, Henness & Kochendorfer in November

Gary Thompson_6
Comment posted on OCBlog.com by Gary Thompson, Councilmember, City of Rancho Santa Margarita

For far too long, the CUSD Trustees have been given a free pass. And just like any other government that has had no accountability at the ballot box, there is generally a migration to corruption in the organization. While the children languish in broken down, ancient and decrepit portable classrooms, and parents have to buy supplies for teachers because there aren't any provided by the district, the Trustees and the administration build themselves a $52,000,000 building for their bureaucracy. What is even more frightening is this building started out at $25,000,000 and has over doubled in cost.

This is the state of the Capistrano Unified School District today. And it is time for a change. Join me in encouraging new leadership to emerge among the ranks of the south county population to bring new faces and new energy, and most importantly, new accountability to this school district. There are three Trustees up for re-election this year. It is anticipated that all three will run again. But they will have competition this time, and I would urge any and all to support those new candidates that emerge, and help win back this school district for those that depend on it the most, for the children.
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No wonder CUSD officials were so testy

Steven Greenhut
From Steven Greenhut, Orange Punch blog:

A few weeks back, I was on Airtalk with Larry Mantle on KPCC, for the biweekly segment on Orange County with OC Weekly's Gustavo Arellano and the L.A. Times' Jean Pasco. The Capistrano Unified School District's flak was given a few minutes to vent at us for a previous segment that was critical of that district, its spending priorities and so forth. Gustavo called the district corrupt, and the flak was absolutely irate. He wanted an apology. Read More...
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O.C. Registrar’s Rejection of CUSD Recall Petitions Questioned

Inspection Demonstrates Thousands of Signatures Improperly Rejected

Last December, many people were shocked when the Orange County
Neal Kelly
Registrar’s Office announced they had decided not to certify the petitions to recall all seven Trustees of the Capistrano Unified School District. What went wrong?

The CUSD Recall Committee sent teams of inspectors to the Registrar’s Office to find out. They reviewed the petition signatures rejected by the Registrar. The inspection has been completed and the results are quite alarming.

The Orange County Registrar improperly rejected thousands of petition signatures, thereby disenfranchising thousands of registered voters.

Orange County Registrar
Neal Kelly

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CUSD Leadership Under Investigation

OC DA Seal
Orange County District Attorney Reviewing Evidence of Alleged Illegal Acts

An investigation into allegations of illegal activities at the Capistrano Unified School District has been commenced. The Orange County District Attorney’s office is leading the investigation.

This past summer, residents throughout South Orange County sought to recall the entire school board based upon allegations of corruption and gross fiscal mismanagement. More than 177,000 petition signatures seeking to remove the Trustees from office were delivered to the Orange County Registrar of Voters.

Susan Schroeder, spokesperson for the District Attorney’s Office confirmed the District Attorney has assigned a Deputy District Attorney to the case. Schroeder also stated, “We are reviewing the evidence and witness statements.” Read More...
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Taxpayers in school bondage

Anaheim’s textbook case of wasted money

page26_blog_entry69_summary_1
Editorial, The Orange County Register There is a fundamental debate going on about public education. Almost everyone agrees that the schools in general are failing in myriad ways, but the agreement pretty much ends there.

One side believes that schools simply aren’t getting enough money, even though school funding consumes more than 40 percent of California’s general fund. The other side argues that schools have plenty of money, but that the money is misspent on bureaucracy, and schools lack competition and oversight.
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Stupid In America: How We Cheat Our Kids

• John Stossel Looks at How U.S. Public Schools Are Failing Kids
• Cites CUSD's new admin building as egregious example of government waste

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Jan. 9, 2006 — American students fizzle in international comparisons, placing 18th in reading, 22nd in science and 28th in math — behind countries like Poland, Australia and Korea. But why? Are American kids less intelligent? John Stossel looks at the ways the U.S. public education system cheats students out of a quality education in "Stupid in America: How We Cheat Our Kids," airing this Friday at 10 p.m. Read More...
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Waldrip not impartial, but facts have vindicated Smollar and proven Fleming a liar

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.
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Waldrip report revealed two enemies lists

page59_blog_entry100_1
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.
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CUSD Recall Leaders: “This Battle is Not Over”

page26_blog_entry13_1
Group That Led Effort to Recall Entire School Board Vows to Keep Fighting For the Children

San Juan Capistrano, CA: Today, leaders of the CUSD Recall Committee were informed by the Orange County Registrar’s Office that the Registrar had not certified the recall petition against the seven trustees of the Capistrano Unified School District. The CUSD Recall Committee is the grass roots group of parents and concerned taxpayers that led the widespread effort throughout South Orange County to recall all seven CUSD trustees. They recently submitted more than 175,000 recall petition signatures to the Orange County Registrar of Voters. Read More...
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School District Avoids Full Disclosure

CUSDmarlene-04
Marlene Draper, President CUSD Board of Trustees wrote: "We will respond through our own communications system and, as necessary and appropriate, through our legal counsel." Why is the Capistrano Unified School District , refusing to answer Full Disclosure's questions about allegations and evidence of mismanagement, deceit and corruption that led to an unprecedented campaign to recall all seven School District Trustees? Read Marlene Draper's letter and Full Disclosure letter here. Read More...
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School Corruption Sparks Citizen Revolt

VideoBlog17_md
Leaders of a California citizens revolt in South Orange County are featured in a nine minute Full Disclosure video blog, describing the school corruption which has sparked their campaign to recall all seven members of the Capistrano Unified School District. The video will be launched on the Internet 24/7, world-wide starting Monday, December 5, 2005.
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Full Disclosure Network releases first program on CUSD Recall

page26_blog_entry6_1
As you have probably seen in the news, representatives of Capo for Better Representation, the grass roots group of parents and concerned taxpayers that have led the widespread effort throughout South Orange County to recall all seven trustees of the Capistrano Unified School District recently submitted more than 175,000 recall petition signatures to the Orange County Registrar of Voters.

This is a momentous event – there has never been a recall in the history of CUSD – and now the national news media has taken note of this citizen revolt.
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Cost of CUSD administration building balloons to $52 million! True sources of funding finally revealed.

DSC04254
Increased costs to be paid with local Mello Roos taxes
A blockbuster article by the Orange County Register confirms that this extravagant project ultimately will cost $52 million, more than twice the amount originally announced by CUSD. That's right, the CUSD Trustees chose to spend 52 million taxpayer dollars to house approximately 300 administrators in San Juan Capistrano while thousands of children languish in decrepit portable classrooms.
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More than 175,000 Petition Signatures to Recall Entire CUSD Board of Trustees Submitted to OC Registrar of Voters

OC Seal2
Media Event: This afternoon, representatives of Capo for Better Representation, the grass roots group of parents and concerned taxpayers that have led the widespread effort throughout South Orange County to recall all seven trustees of the Capistrano Unified School District submitted more than 175,000 recall petition signatures to the Orange County Registrar of Voters.
This is a momentous event – there has never been a recall in the history of CUSD. Read More...
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Text of Comments Made By Capo for Better Representation at the Offices of the Orange County Registrar Of Voters

page26_blog_entry19_1
Kevin Murphy
San Juan Capistrano, CA. Representatives of Capo for Better Representation, the grass roots group of parents and concerned taxpayers that have led the widespread effort throughout South Orange County to recall all seven trustees of the Capistrano Unified School District spoke today outside the offices of the Orange County Registrar of Voters. They displayed all of the boxes of signed petitions that were about to be submitted to the Registrar. Public Statements were delivered by Thomas Russell (Spokesperson, Capo for Better Representation) and Kevin Murphy (Chairman, Capo for Better Representation). The text of their remarks appear below. Read More...
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Petitions To Recall Entire Capistrano Unified School Board Will Be Submitted To Orange County Registrar Of Voters

Media Event: This coming Monday afternoon, representatives of Capo for Better Representation, the grass roots group of parents and concerned taxpayers that have led the widespread effort throughout South Orange County to recall all seven trustees of the Capistrano Unified School District will submit the signed recall petitions to the Orange County Registrar of Voters. All of the boxes of signed petitions will be displayed for the media prior to submission to the Registrar. Public Statements will be delivered by Thomas Russell (Spokesperson, Capo for Better Representation) and Kevin Murphy (Chairman, Capo for Better Representation). All television, radio and print media are encouraged to attend.

Date: Monday, November 7
Time: 2:00 p.m.
Location: Orange County Registrar of Voters, 1300 South Grand Avenue, Building C, Santa Ana, CA 92705 (at the corner of Grand Avenue and McFadden)
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PLF Fights To Stop School District From Color-Coding Kids

plfLogo
Color Coding Kids?

The following op-ed was co-written by Harold Johnson, a PLF attorney, and Arthur B. Mark III, a former PLF attorney.

Like Rip Van Winkle, administrators at Capistrano Unified School District apparently missed some big news. They’re acting as if
Proposition 209, the 1996 initiative that forbids race-based policies in California schools, was never put on the books. The district recently redrew attendance boundaries in a disruptive way that uses students’ skin color, in part, to determine where they will go to school. Read More...
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Parents Sue Capistrano Unified School District Over Racially Based High School Boundaries That Violate Prop. 209

plfLogo
SANTA ANA, CA; June 16, 2005: Parents of students in the Capistrano Unified School District today filed suit against the district, charging it with violating Proposition 209 of the California Constitution by using race to determine new attendance boundaries for district high schools and middle schools. Read More...
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New CUSD Administration Building to Cost $35 Million

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Cost estimate increases 75%
In a new Information Bulletin published by Superintendent Fleming on June 16th, the total cost of the new District Administration Building is now estimated at $35 million! On April 26th the Superintendent published a in which he stated that the new District Administration Building "is built with some $20 million." That is an additional $15 million (75% increase) that is being spent on the administrators, instead of improving the schools for our kids. How much more money will be taken away from the kids before the building is actually completed? Read More...
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The Truth About Portables

DSC04027
We've all been told by the district that the state requires 30% of all classrooms to be portables. The truth is, this requirement was eliminated seven years ago!

For a long time, the CUSD Trustees and Superintendent have defended their excessive reliance on portable classrooms on their representation that up to one third of all classrooms are required to be portables by law.  Since other local school districts had chosen to go a different direction, making permanent structures their priority, something about CUSD's representation didn't seem right. Since facts matter, we researched the issue and it didn't take long to confirm that the Trustees and Superintendent have misinformed us once again. Read More...
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The $133 Million Lie

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In the recall notices, we accused the Trustees of "...recklessly spending over $100 million for a single high school." Their rebuttal was published by the Superintendent on the district web site on April 26th, the day after the recall notices were served. The rebuttal was, "CUSD is by no means out of the average with a $100 million-plus total expenditure for a state-of-the-art facility. San Diego Unified is building a middle school for almost $133 million." This is a bald faced lie - and we'll prove it. Read More...
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The Dirty Little Secret About CUSD’s New Administration Building

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About CUSD’s New Administration Building
Based on everything we have heard from school district officials, one would think CUSD had $20 million sitting in an account earmarked to pay for its new administration building. Instead, the money has been borrowed. CUSD is hoping enough funds come in to pay back these loans. Read More...
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The Truth About Redevelopment Funds

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You've probably heard from a school district official that available redevelopment funds can only be used for new construction in San Juan Capistrano. In fact, the Superintendent repeated this claim in a PTA meeting as recently as May 16, 2005. Want to know the truth? We'll show you along with the proof. Read More...
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Recall Letters Of Intention To Be Served On CUSD Trustees

Media Advisory - A Political Action Committee called Capistrano for Better Representation will be serving formal recall letters of intention to several members of the Capistrano Unified School District Board of Trustees.

Members of the Capistrano for Better Representation PAC will be serving recall intentions at the regularly scheduled CUSD Board meeting to be held:

Monday, April 25th 2005 at 7:00pm
Jerome R. Thornsley Education Center,
32972 Calle Perfecto, San Juan Capistrano.

Press availability to follow the event.
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RSM Councilmember Thompson weighs in on Arroyo Vista Park joint use issue: City should step in to protect residents

• CUSD - stop interfering with our community
• Residents - please respect SAMLARC’s decision to protect Arroyo Vista Park

Gary Thompson_2
By Gary Thompson
Councilmember, City of Rancho Santa Margarita

Thank you Mayor, members of the council.

I have requested this item tonight for discussion, quite frankly, because I continue to be deeply disturbed by the tenor of animosity within this community that has overcome what should be a respectful, civil dialogue over accessibility to Arroyo Vista Park. The deep hostility that has manifested itself within the residents of this community, pitting neighbor against neighbor, friend against friend, and child against child, can no longer be tolerated by this city. When people are being threatened, intimidated and harassed, we as our city’s leaders, must be diligent in our efforts in bringing this issue to resolution.

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Draper makes sarcastic remarks to anti-school expansion crowd

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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 public comments to squelch community input. Those who tried to speak were met with sharp reminders from officials that the evening's discussion was centered on K-8s in general, not Arroyo Vista in particular, thus effectively killing the issues that were of real concern. Draper's comment was rebuffed with defiant applause from the Arroyo Vista crowd who opposed the intrusive changes proposed by the board and staff for their school, neighborhood and park.
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