James Fleming

OC Register: Fleming-era trustees' open meetings law violations were serious and chronic

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Editorial, The Orange County Register "The Capo board wasn’t caught simply making some innocuous errors. It engaged in a long-running pattern to conceal information from the public. That board was known as a rubber-stamp for the imperious former superintendent, James Fleming, who resigned and is now under indictment on charges related to his creation of an enemies list of parents who backed a recall of his board allies."

County counsel denies advising Draper on Brown Act after she blamed him to save her own skin under oath

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Ron Wenkart, OC Weekly “I went back and double-checked the records,” he says. “I didn’t speak with them. . . . I was not involved with that.” His office was advising the district on “other legal issues” at the time, he says, but nothing relating to closed meetings or the Brown Act.

Past board president Marlene Draper contended in her grand-jury testimony that the closed meetings and the board’s non-disclosure were legal because all of the agendas for Saturday performance-evaluation meetings were pre-approved by counsel from the Orange County Department of Education. But Ron Wenkart, general counsel for the department and the attorney who would have approved such agendas at the time, says he has no records of him or anyone in his office ever having conversations with Fleming about the Brown Act or of approving CUSD closed meeting agendas.

Trustee Addonizio calls Fleming trustees' failure to hold Fleming accountable, "reprehensible"

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Ellen Addonizio, Trabuco Canyon News “It is reprehensible the Fleming-era Trustees failed to hold the Superintendent accountable.”

Ellen Addonizio and Anna Bryson, two of the newly-elected members of the CUSD Board of Trustees agreed to be interviewed by the press. Addonizio and Bryson both called for the remaining Fleming-era trustees to be held accountable.

Clueless in The OC! No Fleming misdeed is too offensive for OC Superintendent Bill Habermehl

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William Habermehl, The Orange County Register "He's [Fleming] hired wonderful people there. He's got some of the finest teachers and administrators here and in the state. If you look at the growth that's taken place in the district, Jim has done an outstanding job. I'm very much a supporter of Jim Fleming."

Orange County Schools Superintendent William Habermehl said he felt sorry for Fleming and the Capistrano community because of the recent enemies list scandal. But despite that, he thought Fleming left a positive legacy – and a very attractive job opening. Looks like Habermehl has been drinking the CUSD Kool Aid. Hey Bill, you forgot to mention that test scores are high.

Christensen agrees with constituents - district should not pay Fleming's criminal attorney fees

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Larry Christensen, The Capistrano Dispatch “I agree with the constituents of CUSD.”

CUSD Trustee Christensen commented after 21 individuals spoke at the August 13, 2007 CUSD board meeting in opposition to Fleming's request for criminal attorney fees (which trustee Marlene Draper brought to motion).

Bryson says denial of Fleming's criminal attorney's fees request is in district's best interest

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Anna Bryson, The Los Angeles Times "This is the best possible way for the district to go forward."

Bryson was elected to the CUSD Board of Trustees as one of the ABC Reform candidates in November of 2006.

Mission Viejo resident: payment of Fleming's legal fees would constitute misplaced priorities

Kelly Henry, The Orange County Register "When the kids start (school), the teachers ask, 'Can you bring in Kleenex boxes, because we don't get money for that. It'd be ridiculous if we're paying for his legal fees when teachers … are asking for Kleenex boxes."

Henry is a Mission Viejo resident.

President of classified employees union: payment of Fleming's attorney's fees would be unfair

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Ronda Walen, The Orange County Register "You would be allowing Dr. Fleming to maintain his lifestyle … when the rest of us are feeling the pain."

Walen is the president of CUSD's classified employees union, and made this remark while noting that CUSD recently laid off workers.

Christensen explains board's decision not to pay Fleming's defense costs

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Larry Christensen, The Orange County Register "We voted on this before, 7-0, not to support payment. There has been no change since then. I don't see any reason to go back into this again."

Christensen was elected to the CUSD Board of Trustees as one of the ABC Reform candidates in November of 2006.

Fleming refuses to testify, takes the 5th; McGill testifies, is charged with perjury

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Seema Mehta, The Los Angeles Times "Fleming refused to answer most of the prosecutors' questions on the grounds that he could incriminate himself, aside from a handful of basic questions, such as his wife's name, Lilly. McGill did testify, which led to the perjury charge."

Fleming tries to preempt rejection with sleezy letter to save face and lay false foundation for future denials

Terry Webster, The Las Vegas Sun "Two other finalists, George Garcia, superintendent of the Tucson Unified School District in Tucson, Ariz., and James Fleming, superintendent of the Capistrano Unified School District in Southern California, were previously eliminated by the School Board. Almost simultaneously, Fleming produced a letter to Attea stating he was no longer interested."
Fleming was being interviewed as a candidate for the position of superintendent of the Clark County School District in Las Vegas Nevada. Webster is a reporter for The Las Vegas Sun.

Fleming addresses his controversial image in connection with special education issues

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James Fleming, The Las Vegas Sun "I'm a controversial figure on special education because I'm willing to stand up and say, 'the emperor has no clothes.' "

Fleming was asked about concerns over a special education controversy surrounding Fleming while he was being interviewed as a candidate for the position of superintendent of the Clark County School District in Las Vegas Nevada. Fleming is the Superintendent of the Capistrano Unified School District.

Fleming reveals organizational philosophy behind later conspiracies of silence at CUSD

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Terry Webster, The Las Vegas Sun "Fleming said he believes his Cabinet of school executives should debate issues, but they all should support a decision after it is made. Further, Fleming said once a decision is made, Cabinet members should not offer differing opinions on the issue to School Board members. 'It places a chill on the organization.' "

Fleming was being interviewed as a candidate for the position of superintendent of the Clark County School District in Las Vegas Nevada. Webster is a reporter for The Las Vegas Sun.

Fleming rejected as "too bureaucratic," Fleming dodges the allegation, says "bureacrat" means nothing

Terry Webster, The Las Vegas Sun "One of the main objections the board presented to Fleming during his final interview was a perception that he seems too bureaucratic. Fleming said he would address that by "humanizing" all of the so-called bureaucrats in the school district. This could be done by placing articles about school executives in school newsletters or magazines. Bureaucrat is a term that is overused and means nothing, he added."
Fleming was being interviewed as a candidate for the position of superintendent of the Clark County School District in Las Vegas Nevada. Webster is a reporter for The Las Vegas Sun.

Fleming rejected by Clark County School Board, not a team player and concern over leadership style

Terry Webster, The Las Vegas Sun "One superintendent candidate for the Clark County School District was eliminated by the School Board on Tuesday, leaving two hopefuls in the running. James Fleming, superintendent of the Capistrano Unified School District in San Juan Capistrano, Calif., was scratched from the board's list of finalists ... Board President Ruth Johnson and board members Mary Beth Scow, Susan Brager, Shirley Barber and Lois Tarkanian all named Fleming as the candidate they were the least interested in ... Barber said she didn't support Fleming because she prefers someone with more of a team approach. For Johnson, it was a matter of fit ... I think it was just his leadership style.' "
Fleming was being interviewed as a candidate for the position of superintendent of the Clark County School District in Las Vegas Nevada. Webster is a reporter for The Las Vegas Sun.

Fleming showcases his success at building schools and says "accountability" is an essential part of his education philosophy

Terry Webster, The Las Vegas Sun "Since 1992 Fleming has been involved in opening 17 new schools in Capistrano, all of them on time and on budget. His education philosophy covers four main areas: high academic expectations for students, hiring the best teachers, fostering community involvement and accountability."
Fleming was being interviewed as a candidate for the position of superintendent of the Clark County School District in Las Vegas Nevada. Webster is a reporter for The Las Vegas Sun.

Fleming criticized as a name-dropper, bureaucrat, too self-promoting

Terry Webster, The Las Vegas Sun "The strengths and weaknesses of all of the candidates were aired during public interviews held by the School Board and the Superintendent Search Process Committee. Following his interviews, some of the criticisms made of Fleming were that he was a name-dropper and a bureaucrat. Some also said he was too self-promoting. But Fleming said he sees nothing wrong with demonstrating he can do the job."
Fleming was being interviewed as a candidate for the position of superintendent of the Clark County School District in Las Vegas Nevada. Webster is a reporter for The Las Vegas Sun.

Fleming too bureaucratic, bad for low-achieving students

Patricia Cunningham, The Las Vegas Sun "Fleming is exactly what we don't need. He's too bureaucratic and he puts on a good face. It's everything low-achieving students don't need in education."
Cunningham made this remark after watching Fleming in action while being interviewed as a candidate for superintendent of the Clark County School District in Las Vegas, Nevada. Cunningham is the chairwoman for the Alliance for Social Justice.

DA charges Fleming with three felonies that carry penalties of up to four years in prison

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Sam Miller, The Orange County Register "The Orange County District Attorney’s Office on Thursday unsealed three felony indictments against Fleming. If convicted on charges of misappropriating public funds, using school money for political purposes and conspiracy, he could face four years in state prison."

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

Fleming speaks "from the heart" by "standing tall" for "the children" and playing the denial game to the bitter end

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James Fleming, The Orange County Register “I want you to know, unequivocally, from my heart, that I did not do these things. I stand by my decisions and recommendations; I would not change my actions in order to avoid my present situation ... My entire 43-year professional career has been devoted to serving the public and specifically public school children; this goes against everything I believe in.”

Fleming is the former superintendent of the Capistrano Unified School District.

Admin building controversy is just one of many to plague CUSD in recent years

Seema Mehta, The Los Angeles Times "The administrative center is just one of the controversies to dog the district in recent years. Although many of the district's 56 schools are ranked among the state's best, other brouhahas have included an Orange County Grand Jury probe; a raid of district headquarters by the district attorney; the resignation of its longtime superintendent after accusations he kept an "enemies list"; and disputes over attendance boundaries, a high school's location and portable classrooms."

Mehta is a reporter for The Los Angeles Times.

Union president says new superintendent needs to work to let teachers know they’re heard on key issues

Vicki Soderberg, The Orange County Register “He needs to improve communications between teachers and him, and not have the barriers. With (former superintendent James) Fleming, it was always a one-way communication."

Soderberg commented upon the two-year teachers contract tentatively agreed to Monday (May 2) that will cover the 2007-08 school year. Soderberg is the President of the Capistrano Unifed Education Association, a teachers union.

OC Register senior editor jubilant Fleming resigned

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Steven Greenhut, The Orange County Register "Other stuff happened, too, while I was away, such as the resignation of Capistrano Unified School District Superintendent James Fleming. Hooray. The Register reported that he had compiled a Nixonian enemies list of those who supported a school board recall."

Greenhut is senior editorial writier and columnist for The Orange County Register.

Smollar says preparation of such lists was Fleming's modus operandi

David Smollar, The Capistrano Dispatch "But preparation of the list was modus operandi for Fleming. He’s not a great strategic mind; he thinks ahead about five minutes most of the time. He craves information, especially on his many detractors. And he craved information about the recall people. Just examine the raft of e-mails and memos that Fleming prepared and sent across the CUSD universe of parents, principals administrators the weekend of April 23-24, 2005, in preparation for the April 25 board meeting when recall notices were presented. He was consumed with the recall, and had just gotten the 150 names on April 21, off an intercepted Kevin Murphy e-mail. He surely wanted to know who they were. That’s his style. Fleming wrote to trustees on April 22 in a fax that the e-mail appeared to be a “veritable ‘who’s who’ list of San Juan Hills and Arroyo Vista NIMBYS as well as some of the more volatile opponents to the attendance boundary proposal.” The list could not have been done without Fleming’s express knowledge and direction, because its compilation would have required hours upon hours of tedious work using the district’s cumbersome Aeries student information system. No person in his or her right mind would otherwise have spent 10 hours-plus doing it."

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

Smollar explains enenies list facts to dispell drivel of Fleming sychophant Erin Kutnick

David Smollar, The Capistrano Dispatch "James Fleming denied for two weeks the existence of any hit list, even though the OC Register had three versions of such a list. He first had Asst. Supt. Susan McGill tell the Register that it must be a list from the Registrar of Voters. (Interesting that he remembered his Registrar list instantly, although he later lied to the OC Register and LA Times that he had ever received that list.) The OC Register then faxed him the first two pages of one version to “refresh his memory.” He still claimed no knowledge of the list, and then said that any such list would have been prepared by me! He had special software ordered to put on my old computer to find the list. (Sorry, Jim, I never had it.) He made available to the media various sycophants in his employ, including Dan Crawford and Jeff Bristow, to say what a miserable, disgruntled employee I was (Hmmm, I worked 4 1/2 years under Fleming, and never received any evaluation, oral or written, complaining about my performance.) The Register, fortunately, had the facts and printed the article. And then a week later—two weeks after first asked about the list—lo and behold the good Dr. Fleming issues reams of paper worthy of Rube Goldberg to explain that the list was all part of a hacking investigation. Of course! Just slipped his mind. How risible! To conduct a hacking probe, you don’t need to compile an extensive list of 150 parent names, including the schools attended by their kids and replete with special notations on 40 of the individuals. And Fleming still hasn’t said who created the list, which he now admits was in his possession. “Journalist” Kutnick conveniently glides over the fact that Fleming ordered me to withhold the list from Kevin Murphy, as well as a memo to Fleming from security director Ed Kovac, despite the fact that they were public documents from files in Fleming’s office."

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

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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.

Independent investigator found evidence of Fleming's wrongdoing

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Jonathan Volzke, The Capistrano Dispatch “The independent investigation commissioned by the district found Fleming sent district employees to the Registrar of Voters office to review recall petitions -- that alone is illegal -- and then coupled the names of political activists with district information about their children. Parents told the board on Tuesday that should be enough to cut off Fleming's attorney payments.”

Volzke is the publisher of the Capistrano Dispatch.

Trustees hire criminal defense lawyers for Fleming and themselves

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Jonathan Volzke, The Capistrano Dispatch “Trustees in September unanimously agreed to pay $400 an hour for the law firm of Ronald G. Bower and Associates to represent Fleming, while they hired defense attorney Paul Meyer at $395 to represent other district employees.”

Volzke is the publisher of the Capistrano Dispatch.

Parents tell Trustees about Fleming misconduct identified by Waldrip

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Jonathan Volzke, The Capistrano Dispatch "Parents this month told trustees their independent report found Fleming acted inappropriately more than once – including sending district officials to the Registrar of Voters to gather the names of parents who circulated recall petitions against trustees. District employees then used school records to match the names of the political activists to information about their children.”

Volzke is the publisher of the Capistrano Dispatch.

Trustees agreed to pay Fleming's attorney if no evidence of wrongdoing

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Jonathan Volzke, The Capistrano Dispatch “... when trustees agreed to Fleming’s request to pay his attorney, they said they would do so as long as there was no evidence of wrongdoing on his part.”

Volzke is the publisher of the Capistrano Dispatch.

Recall was unsuccessfull but touched off series of events

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Jonathan Volzke, The Capistrano Dispatch “The recall was unsuccessful but ultimately touched off a series of events that saw the district’s spokesman retire and leak several inflammatory documents to the public, Fleming retire after 15 years at the helm, one longtime trustee decision to not seek re-election, while two other incumbents ran but lost their normally safe seats. Other high-ranking district officials targeted by district critics have also retired.”

Volzke is the publisher of the Capistrano Dispatch.

District has spent $5,000 on Fleming's defense, but now there's evidence of Fleming's wrondoings

Sam Miller, The Orange County Register “The district has spent about $5,000 on Fleming's defense. Since the initial decision, three new trustees – who ran on a reform platform – were elected, and a district-commissioned investigation found evidence of "imprudent" actions taken by Fleming.”

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

Enemies list victim says Fleming's actions not in good faith

Kim Kefner, The Orange County Register "I don't think anyone here can seriously argue that Fleming's actions were in good faith."

Lefner learned from the Waldrip report that Superintendent James Fleming kept her name and her children's names after her involment in the CUSD Recall campaign.

Fleming says boundaries couldn't be changed without upsetting someone

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James Fleming, The Orange County Register "People with good will will look at this data and come away with different conclusions ... No matter what I decided, there would have been a region that's upset."



Even after alarming evidence of Fleming's wrongdoings, Benecke would use tax dollars to pay his criminal attorney's fees

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Trustee Sheila Benecke, The Orange County Register "Should activities resume, he'd have every right to seek reinstatement of district-paid legal counsel."

Trustee Benecke and other Fleming trustees said a defense lawyer is no longer necessary because the grand jury investigation seems to have quieted down. However, they also said they would support providing a defense lawyer for Fleming's if investigation activities resume. Benecke and her colleagues previously said that Fleming's criminal defense attorney's fees would be paid until there was evidence of Fleming's wrongdoing. Now that the Waldrip report has provided alarming evidence of such wrongdoing, Benecke and her colleagues have decided ignore the report. This decision is just a flawed as their decision to pay Fleming's criminal defense fees last summer, when they ignored legal criteria and improperly authorized payment.

"It is a misuse of taxpayers' money to defend the indefensible."

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Trustee Anna Bryson, The Orange County Register "It is a misuse of taxpayers' money to defend the indefensible."

After reviewing the alarming revelations contained in Judge Stuart Waldrip's "Independent" Investigator's Report, reform trustee Bryson made this comment in support of a resolution to stop further funding of former Superintendent James Fleming's criminal defense attorney's fees. Trustees Benecke, Draper, Darnold and Stiff reversed their earlier decision and joined Bryson and the other reform trustees, Ellen Addonizio and Larry Christensen, in cutting off further taxpayer funding of Fleming's criminal defense attorney's fees.

PTA parent was loyal to Fleming until investigated and threatened

Barbara Casserly, The Capistrano Dispatch "I was a loyal supporter of Dr. Fleming and the Trustees until I was investigated and threatened that if I continued to ask questions, future funding might not come to Mission Viejo. I am ashamed that I did not make my concerns public because of fear of retaliation."

PTA member recounts heavy-handed tactics leveled against her by former Superintendent Fleming and the Trustees.