Conflicts
McCully intentionally buried his head when it came to the CUSD Enemies List
May 15, 2007 Filed in: McCully,
Charles

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."
May 07, 2007 Filed in: Draper,
Marlene

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"
Jan 11, 2007 Filed in: Casserly,
Barbara
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.
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
Aug 10, 2006 Filed in: Smollar,
David
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.
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
Jan 11, 2007 Filed in: Volzke,
Jonathan

Volzke is the publisher of the Capistrano Dispatch.
Like Waldrip, the Election Center was good choice for a whitewash investigation
Sep 18, 2006 Filed in: OC Register
Conflicts prevent independent investigation of Fleming by Trustees
Jul 11, 2006 Filed in: OC Register
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
Mar 07, 2007 Filed in: Miller, Sam

Miller is the South Orange County education reporter for the Orange County Register.
Volunteer speaks out against Draper conflict of interest
Aug 15, 2002 Filed in: Bauer, Pat
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.
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
Jan 05, 2007 Filed in: Draper,
Marlene

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
Jan 05, 2007 Filed in: Smollar,
David
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.
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
Jan 09, 2007 Filed in: Russell,
Tom

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
Jan 09, 2007 Filed in: Smollar,
David
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.
Whistleblower and former CUSD Communications Director Smollar's initial reaction to the Waldrip investigation report.