Enemies List Claims

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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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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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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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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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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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:
Read More...
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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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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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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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Waldrip report revealed two enemies lists

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

Volzke is the publisher of the Capistrano Dispatch.
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