James Fleming

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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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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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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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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OC Register calls CUSD Recall win "stunning," "overwhelming" and says voters did the right thing at the ballot box

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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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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.
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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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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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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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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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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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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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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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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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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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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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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

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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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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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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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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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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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CUSD Leadership Under Investigation

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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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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.

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Gary Thompson, Neil Blais, Jerry Holloway, Tony Beall

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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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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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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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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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