Waldrip Investigation
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.
Trustees Draper, Benecke, Darnold and Stiff knew about enemies list and "mole"
Jan 11, 2007 Filed in: Casserly,
Barbara
Barbara Casserly, The Capistrano
Dispatch "CUSD Trustees knew
that Jim Fleming was actively involved in fighting
the recall and voted to fund an investigation into
matters which they knew to have occurred that cost
taxpayers over $35,000! ... included in the
[Waldrip] report is an April 21, 2005 memo written
by James Fleming addressed to Marlene Draper and
the entire CUSD Board entitled the “Report on
presumed recall effort” that referred to the
parent list, and included a report from a “mole”
that infiltrated the recall group. The Trustees
continued to support Jim Fleming until he retired
in disgrace in August 2006, and subsequently voted
to pay Fleming’s criminal legal defense fees.
Trustees Draper, Benecke, Darnold and Stiff refuse
to acknowledge that they knew Jim Fleming was
illegally fighting the recall. The self-serving
“independent” investigation concluded that the
only crime that might have occurred was the
leaking of documents by
Smollar!"
Casserly is a Mission Viejo resident and PTA leader.
Casserly is a Mission Viejo resident and PTA leader.
Waldrip conspicuously overlooks evidence of Fleming trustees' knowledge of, or involvement in wrongdoings
Jan 11, 2007 Filed in: Waldrip,
Stuart
Volzke is the publisher of the Capistrano Dispatch.
Fleming trustees owe the public more than to sit back and let time heal wounds
Jan 11, 2007 Filed in: Volzke,
Jonathan
Volzke is the publisher of the Capistrano Dispatch.
Waldrip leaves the biggest question unanswered: Were the wrongful actions abrrations or business as usual?
Jan 11, 2007 Filed in: Volzke,
Jonathan
Volzke is the publisher of the Capistrano Dispatch.
Waldrip report revealed two enemies lists
Jan 11, 2007 Filed in: Volzke,
Jonathan
Volzke is the publisher of the Capistrano Dispatch.
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 interviewed 32 people including Fleming, but only one trustee - Marlene Draper
Jan 11, 2007 Filed in: Volzke,
Jonathan
Volzke is the publisher of The Capistrano Dispatch.
Waldrip report confirms nearly all recall allegations
Jan 11, 2007 Filed in: Volzke,
Jonathan
Volzke is the publisher of The Capistrano Dispatch.
Fleming used a "mole" to spy on recall leaders in private home
Jan 11, 2007 Filed in: Volzke,
Jonathan
Volzke is the publisher of The Capistrano Dispatch.
First hit list was generated from information in email by recall leader
Jan 11, 2007 Filed in: Volzke,
Jonathan
Volzke is the publisher of The Capistrano Dispatch.
Former recall leader offended Fleming's enemies lists targeted kids
Jan 11, 2007 Filed in: Murphy,
Kevin
Former recall leader Kevin Murphy refers to the lists prepared by the district from an email he inadvertently sent to CUSD, containing the names and email addresses of recall leaders and volunteers.
Enemies list victim angered that Fleming targeted children and used district resources to do so
Jan 11, 2007 Filed in: Lefner, Kim
Kim Lefner, The Capistrano
Dispatch “The idea that a
Superintendent, whose responsibility it is to
protect children, would instead target them, is
completely unacceptable. For him to have used
district time and resources to do so makes it even
worse.”
Capistrano resident Kim Lefner’s name was on the second list. So was her husband’s, their child’s, the school he attends, the grade he was in, their home address and their phone number.
Capistrano resident Kim Lefner’s name was on the second list. So was her husband’s, their child’s, the school he attends, the grade he was in, their home address and their phone number.
Enemies list victim offended by evidence that Fleming involved children
Jan 11, 2007 Filed in: Lefner, Kim
Kim Lefner, The Capistrano
Dispatch “In my opinion, the
existence of the second “enemies” list outlined in
Judge Waldrip’s report proves what district
officials have denied for so long; that Fleming
did indeed involve our children.”
Capistrano resident Kim Lefner’s name was on the second "enemies" list. So was her husband’s, their child’s, the school he attends, the grade he was in, their home address and their phone number.
Capistrano resident Kim Lefner’s name was on the second "enemies" list. So was her husband’s, their child’s, the school he attends, the grade he was in, their home address and their phone number.
Waldrip finds second enemies list more troubling than first
Jan 11, 2007 Filed in: Waldrip,
Stuart
Retired Orange County Superior Court Judge Stuart Waldrip made these findings about the infamous CUSD “enemies” lists in his 13-page investigation report to the CUSD Board of Education.
Waldrip confirms students names were used even after recall campaign over
Jan 11, 2007 Filed in: Volzke,
Jonathan
Parents long ago knew of a reported “hit list” that combined information about recall proponents with information about their students’ school and teachers, and also knew that district employees improperly combined through petitions submitted to the Registrar of Voters after the recall failed. Now they also know that Capistrano Unified district officials matched the names of recall proponents with information about their students even after the recall had failed, and this has prompted a renewed sense of outrage among critics of the district’s leadership. Volzke is the publisher of The Capistrano Dispatch.
Fleming's explanation for first list implausible; Waldrip finds information too extensive
Jan 11, 2007 Filed in: Waldrip,
Stuart
Retired Orange County Superior Court Judge Stuart Waldrip writes about the infamous CUSD “enemies” lists in his 13-page report to the CUSD Board of Education.
Scope of Waldrip investigation limited, many other issues remain
Jan 09, 2007 Filed in: Mehta,
Seema
Seema Mehta, The Los Angeles
Times “Waldrip's
investigation was limited in scope and largely
centered on the "enemies list," the employment of
district leaders' relatives by district
contractors and whether employees destroyed or
removed documents.”
Mehta is a reporter for The Los Angeles Times.
Mehta is a reporter for The Los Angeles Times.
Fleming ordered creation of both lists, both included children
Jan 09, 2007 Filed in: Mehta,
Seema
Seema Mehta, The Los Angeles
Times “According to the
[Waldrip] report, Fleming actually ordered the
creation of two lists: one with the names of
people who received e-mails from recall supporters
and a second with the names of those who gathered
signatures supporting the recall. Both included
personal information such as the schools attended
by the children of recall supporters.”
Mehta is a reporter for The Los Angeles Times.
Mehta is a reporter for The Los Angeles Times.
Waldrip hired at $400 per hour to investigate specific issues
Jan 05, 2007 Filed in: Miller, Sam
Sam Miller, The Orange County
Register "Former Orange County
Judge Stuart Waldrip was hired last summer at $400
per hour to look into claims that the district had
kept a list of political opponents, violated the
Brown Act with closed-session meetings, and sent
district staff to the Registrar of Voters to
examine confidential recall petitions."
Miller is the South Orange County education reporter for The Orange County Register.
Miller is the South Orange County education reporter for The Orange County Register.
Independent investigator found evidence of Fleming's wrongdoing
Feb 13, 2007 Filed in: Volzke,
Jonathan
Volzke is the publisher of the Capistrano Dispatch.
Parents tell Trustees about Fleming misconduct identified by Waldrip
Feb 23, 2007 Filed in: Volzke,
Jonathan
Volzke is the publisher of the Capistrano Dispatch.
Waldrip report cost $30,000, finds trustee and Fleming actions "imprudent" and "ill-advised"
Feb 23, 2007 Filed in: Waldrip,
Stuart
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
Mar 05, 2007 Filed in: Miller, Sam
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.
Miller is the South Orange County education reporter for the Orange County Register.
Waldrip report sustained recall allegations
Mar 05, 2007 Filed in: Volzke,
Jonathan
Jonathan Volzke, The Capistrano
Dispatch “...
none of the trustees have commented on the report,
which essentially sustained allegations made
during a failed recall attempt, but said nothing
violated the law.”
Volzke is the publisher of The Capistrano Dispatch.
Volzke is the publisher of The Capistrano Dispatch.
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.
Even after alarming evidence of Fleming's wrongdoings, Benecke would use tax dollars to pay his criminal attorney's fees
Mar 07, 2007 Filed in: Benecke,
Sheila
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."
Mar 07, 2007 Filed in: Bryson,
Anna
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.
Waldrip confirms two lists linking childrens names to activists
Feb 10, 2007 Filed in: Volzke,
Jonathan
Vozke comments on the lack of any district response to the published report from the special investigator hired to look into allegations of wrongdoing by former Superintendent James Fleming. Volzke is the publisher of The Capistrano Dispatch.
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.
Trustee Benecke spins Waldrip report as a "tool to refocus," avoids any discussion of responsibility or accountability
Jan 09, 2007 Filed in: Benecke,
Sheila
Rather than using the report to identify wrongdoing and demand accountability, Benecke ignores the report's obvious limitations and deficiencies, and clears up the real purpose for the Waldrip report -- a "tool to refocus," or, in other words, a broad brush to cover up wrongdoing, avoid discussion of specific offenses or blame and move on without accountability.
Trustee Stiff wants to move on without demanding accountability
Jan 09, 2007 Filed in: Stiff,
Duane
Hopeful, but unrealistic words by Trustee Stiff, who shows no concern for truly getting "all this behind us" by holding Fleming and other staff accountable for the patent offenses they committed.
Recall leader reacts to Waldrip report
Jan 09, 2007 Filed in: Russell,
Tom
Russell, a recall backer who helped bring many allegations to light, dismissed the Waldrip report as tainted, noting that Waldrip once worked for the same law firm as the district's longtime counsel.