Marlene Draper

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

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

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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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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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Important Notice to Voters from Tony Beall: Vote "Yes" on CUSD Recall - June 24th

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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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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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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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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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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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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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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…”

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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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.
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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


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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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CUSD Trustees Engaged In A Conspiracy to Violate Election Laws

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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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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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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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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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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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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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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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Full Disclosure Network releases first program on CUSD Recall

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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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School District Avoids Full Disclosure

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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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