CUSD ‘Enemies’ are Parents and Children
Staff editorial

The news about an “enemies list” at Capistrano Unified School District broke in the July 10 OC Register. It wasn’t a surprise to some parents who were on the list.

A rumor circulated in June that CUSD administrators had an “enemies list” of 150 parents involved in last year’s effort to recall all seven trustees. The list may have originated when recall leader Kevin Murphy sent an email blast on April 21, 2005, containing the names, which someone forwarded to Vista Del Mar Principal James Sieger on April 22, 2005. Sieger forwarded the email revealing the parents’ names to the district office, and Supt. James Fleming faxed it to the trustees the same day, according to the July 10 OC Register story.

By the time the OC Register saw the list in June 2006, it had become a three-page spreadsheet with names of parents, their children, addresses, their children’s schools and names of their teachers. How did the list escape CUSD’s grasp and end up at the OC Register?

In May 2006, CUSD Communications Director David Smollar resigned, and Fleming referred to him in the July 10 OC Register report as a “disgruntled” former employee. If it took a disgruntled ex-employee two months to speak up, how long should it take ethical employees to speak up about tactics that include intimidation and implied retaliation against schoolchildren?

The recall group heard an explanation of how Smollar found out about the list. When Murphy made a public records request to CUSD of all documents related to the recall, Smollar was supposed to deliver the documents to him. Smollar saw the “enemies list” in the stack of papers and asked Fleming, “Do you want Murphy to have the list?” Fleming said no and, allegedly in plain sight of Smollar, put the list into his desk drawer. Withholding such documents from disclosure violates the California Public Records Act.

Fleming and the trustees appear to be galvanized in their denial or cover-up. Consider Fleming’s quote in the OC Register when he said of the list, “It doesn’t sound familiar, like anything I know about at all.” Trustee Sheila Henness was quoted as saying Fleming would never approve such a list. Trustee Mike Darnold said of the enemies list, “As far as we’re concerned, nobody on our side would do such a thing.”

Taxpayers should ask what exactly is “our side,” and why are trustees and the community they’re supposed to serve not on the same side?

On July 11, the OC Register released another front-page installment of the ethical meltdown. District administrators were allowed by Registrar of Voters Neal Kelley to view the recall petitions, which is against the law. What was Kelley’s excuse? He admitted doing it, adding he didn’t know it was against the law. How much are these bigwigs paid to break the law and claim they don’t know the difference?

With investigative reporting, leaks to the press and a “disgruntled” ex-employee’s stunning revelations, evidence of the recall group’s complaints is coming to light. CUSD administrators and Kelley have managed thus far to dodge bullets. Another showdown is on the horizon, and voters will at least have a chance to remove three CUSD trustees who are up for reelection.