Conflicts

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

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

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

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.

PTA leader calls Waldrip investigation a "taxpayer funded cover-up"

Barbara Casserly, The Capistrano Dispatch "This “independent” investigation was conducted by the law firm that defends the district. The firm retained retired Judge Waldrip who spent five months on a report that contains important documents and but draws weak conclusions. This was not an impartial investigation because Judge Waldrip once worked for that firm. CUSD must stop hiding behind lawyers and using scarce funds for outrageous legal fees and taxpayer funded cover-up investigations."

Casserly is a Mission Viejo resident and PTA leader.

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

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

Kutnick is a columnist for The Capistrano Dispatch. Smollar is the former Director of Communications at Capistrano Unified School District.

Waldrip report revealed nepotism and conflicts of interest

Jonathan Volzke
Jonathan Volzke, The Capistrano Dispatch "We learned that not only did former Superintendent Jim Fleming’s son get a job with the district’s contract plumber, but so did relatives of other employees – including that of the district employee who supervised the contracts at times. And we learned that former Board President Marlene Draper now recognizes it is “ill-advised” to vote on district contracts with Culbertson-Adams, because her daughter is an executive there. That concern, by the way, surfaced in 2002."

Volzke is the publisher of the Capistrano Dispatch.

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

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

Conflicts prevent independent investigation of Fleming by Trustees

ocregister
Editorial, The Orange County Register "Clearly, these board members don’t grasp the seriousness of what happened here. Given that it’s their own political hides they are trying to save in stopping the recall, they cannot fairly be expected to look into allegations of misbehavior by their supporters in the district staff."

The Orange County Register hits the nail on the head by exposing the obvious conflict of interest that ultimately led to the less-than-independent Waldrip investigation.

Waldrip finds lists and employment arrangements inappropriate

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Sam Miller, The Orange County Register “A January report by retired judge Stuart Waldrip ... said a variety of actions by staff members were inappropriate or gave the appearance of impropriety. Those included two lists of recall leaders Fleming kept and district staff members' relatives' employment for a contractor doing business with Capistrano Unified.”

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

Volunteer speaks out against Draper conflict of interest

Pat Bauer, Capistrano Valley News "Either the company has to pull out or Marlene shouldn't be involved with the high school. It's a true conflict of interest because it's a financial gain for her family. It's the same old good-old-boy thing. There are innuendoes and you don't know what's happening."

Bauer, a League of Women Voters volunteer and a Whispering Hills opponent, speaks out against Marlene Draper voting to give business to Culbertson, Adams & Associates, a firm working on the Whispering Hills project that also employs her daughter — raising concerns about a conflict of interest.

Draper supiciously confident about outcome of Waldrip investigation

Draper
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.

Former district spokesperson questions Waldrip's impartiality

David Smollar, The Orange County Register "Smollar said a representative for Waldrip tried to set up an interview, but he declined, saying he questioned the impartiality of a district-hired investigator."

Based on years of first-hand experience spinning messages on behalf of CUSD at the direction of former Superintendent Fleming and the Trustees, Smollar had good cause to question Waldrip's impartiality.

Recall leader doubts Waldrip's impartiality due to association with CUSD counsel

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Tom Russell, The Orange County Register "Whatever Judge Waldrip comes up with, there will always be a shadow of doubt that he did a complete and thorough job."

Comments to reporter Sam Miller by Tom Russell, spokesman for CUSD Recall Committee, prior to the release of the Waldrip investigation report.

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.