Capo School District Update

Capistrano Unified School District news stories broke during the past week, and the timing isn’t entirely coincidental. A new recall effort began days before grand jury findings became public information. The grand jury compiled 1,300 pages in its investigation of wrongdoing at CUSD. Additionally, Orange County prosecutors have indicated they’ll file a civil suit against CUSD officials.

The community at large might not have anticipated another recall effort after the failed one in 2005. A Mission Viejo activist said, “Some parents have been talking about another recall. It isn’t a complete surprise, nor is the timing a coincidence.” Some recall proponents believe revelations in the grand jury documents will motivate voters to remove four remaining holdover trustees before the November 2008 General Election.

The four trustees loyal to former superintendent James Fleming – Sheila Benecke, Marlene Draper, Mike Darnold and Duane Stiff – were served with recall papers on July 2 while they were attending a district meeting. Only four Fleming-era trustees remain in office after the 2006 General Election, when three new ones were elected by running as reform candidates. To put the new recall effort on the ballot, petitioners have six months to gather 20,000 valid signatures for each of the four longtime trustees.

All four of the holdovers are up for reelection in November 2008. If the signature drive is successful, a recall election would be held approximately six months prior to the 2008 General Election. Winners of the recall election would have to run again in the General Election to keep their seats.

The Mission Viejo activist said, “There’s no question the holdovers deserve to be tossed out. The recall proponents evidently believe it’s worth their time to dump the old trustees before their terms end.”

Official reasons stated in the recall notice include the four trustees’ gross financial mismanagement and allowing “a culture of corruption” to infect the district. Recall proponents said the district's new budget, which cuts teachers and increases class sizes, was the last straw.

The public got its first glimpse of grand jury findings on Fri., July 6. It will take time for the media and others to digest 1,300 pages, including the testimony of current and former old-guard trustees, top CUSD employees and others close to former superintendent Fleming. Among the revelations, testimony of low-level CUSD employees about lists of enemies conflicted with stories offered by top dogs. One such conflict involved testimony from former assistant superintendent Susan McGill, who has been charged with perjury.

Orange County prosecutors’ comments in the grand jury findings indicate a civil suit will be filed against CUSD officials. Allegations include Brown Act violations when old-guard trustees discussed non-agendized items during a closed session. Those reviewing the grand jury report are finding multiple versions of testimony, including reversals as CUSD employees and former trustees answered questions.

On Fri., July 13, Fleming and McGill are scheduled to be arraigned on felony charges. Their arraignment was to be held in June, but their attorneys were given more time to study grand jury findings given to them a month ago.