CUSD Update
In the news, Aug. 10 – Aug. 13

On Aug. 10, former Capo school district administrators James Fleming and Susan McGill appeared in Superior Court in Santa Ana. Fleming's attorney, Ronald Brower, was not present, and Fleming was represented by McGill's attorney. The case was reassigned to Courtroom C41 with Judge Stotler for a pre-trial hearing on Fri., Aug. 17, at 9 a.m. Statements indicated Brower will be out of town for the next two weeks. It seems the hearing may be delayed or McGill's attorney will have to represent Fleming at that appearance, too.

On Mon., Aug. 13, the subject of Fleming’s defense fees will be heard by the CUSD trustees as agenda item #51. Fleming has requested that CUSD pay for his CRIMINAL DEFENSE out of the General Fund money of the district. Please attend this meeting to demand that the trustees reject his request. In the last budget, the board increased class size, cut one assistant principal from each high school and middle school, cut classified positions at every school and cut custodial staff at each high school. These are just a few of the cuts that were made. There is NO MORE MONEY FOR FLEMING – his lucrative retirement package is enough. Neither Education Code or Government Code require the trustees to pay this fee, as he clearly was not operating within the scope of his employment when he illegally accessed confidential student records to create a list of parents who were also recall supporters.  

CUSD has scarce resources for its students. Do not sit by and allow the trustees to divert any more money away from the classrooms. Please attend the meeting!

EDUCATION CODE
35204.  The governing board of any school district, may contract for the services of an attorney in private practice, as an employee or independent contractor, or utilize an administrative adviser for whatever purpose the governing board deems appropriate, and compensation of this attorney pursuant to contract shall be a proper use of school district funds.  For purposes of this section, "an attorney in private practice" includes a sole practitioner, partnership, or professional corporation.

35205.  The governing board of any school district may contract with a qualified attorney in private practice to provide legal services and compensation of this attorney in private practice pursuant to contract under this section shall be a proper use of school district funds.

Furthermore, Government Code section 995.8, Exhibit B, allows a public entity to provide for the defense of an employee, or former employee, for an action or omission which is within the scope of his/her employment.  Such defense can be authorized when a Board determines it is in the best interests of the public entity and that the employee or former employee acted, or failed to act, in good faith, without actual malice, and in the apparent interests of the public entity.