Capo School District Update

Capo School District Update
Letter to the editor

Dear concerned parent/CUSD resident:

If you have not yet seen (Retired) Judge Waldrip's report on the CUSD allegations (about the "enemies hit list", etc.), you may find it here:
http://www.thecapistranodispatch.com/archives/CUSD%20Investigation.pdf. CUSD had the report in its entirety on its website, but has since removed the most damaging evidence against former Superintendent James Fleming, memos describing very questionable activity. You can now find them at The Capistrano Dispatch's website.

In his report, Waldrip describes how the district employees went to the Registrar's office and collected names (illegally). I knew about that, but what I didn't know until I read the report is that there is a "second" list, of our children.

Starting on page 30, there is a copy of a Memo from Susan McGill to Fleming, in which she states "Per your request (emphasis mine), attached are the lists of individuals who were listed as signature-gatherers along with the information on whether they have children in CUSD and which schools those children attend."

Some of the people reading this letter are on that list. While the children's names and info were not posted on the website for privacy reasons, it seems that Fleming and his cohorts in the district did indeed collect info about our children to create a list. While Waldrip draws the conclusion that it doesn't seem like anybody was harmed through the creation of such a list, he has no way of knowing that, as he was limited to just a few interviews of parents, not all of whom even have children in CUSD. Many people I spoke with wanted nothing to do with what they believed would be a district whitewash, so they refused to speak with Waldrip. But at least a few parents I know personally believe that their child (or children in some cases) were retaliated against by the district. 

I figure I had a right to see the list for myself since my kids' info is apparently on it. So, the district faxed over a copy of the list with my name, my husband's name, my child's name, along with the school he attends, his grade level, as well as our home address and phone number.

Not only did Fleming use district resources to create a second list with our children's names and info on it, but according to another memo in the report (starting on page 26), Fleming clearly used district resources to send out people to "spy" on the recall effort in its early stages and report back. The memo referring to this was sent from Fleming to Board of Trustees President Marlene Draper, on District letterhead, was generated by district staff (Fleming's assistant), outlines details about the recall movement and while I'm not an attorney, it sure seems pretty clearly to violate the law that prevents school officials from getting involved in election or recall politics -- especially on district time and using district resources.

The way I see it, now that we have evidence that Fleming requested that McGill create this second list, I for one intend to ask the Trustees at the next Board meeting to take a vote to immediately stop paying for Fleming's legal defense, based on the fact that: a) he inappropriately and perhaps illegally generated a list of our children, their school info, grade level and home address/phone number for political reasons, and b) that he did it using district resources and district time.

I am asking any interested citizens to please join me at the next Board meeting on February 12, to ask the Trustees to vote to immediately stop paying for the legal defense of Fleming. If memory serves, the Trustees said they would pay for it until such time it was demonstrated that Fleming did something wrong. Well, now we know. No more excuses.

Kim Lefner
CUSD parent