A Bad Sign
Staff editorial

The current city council consists of people who don’t listen to the residents. The example at hand is the council majority’s July 2 decision to install an electronic message board at La Paz and Marguerite.

Councilman Lance MacLean started touting an electronic sign in 2003. Councilwoman Trish Kelley chimed in, probably envisioning her name in lights. Their proposal was eventually enhanced with false claims that no volunteers wanted to change the letters on the manual sign.

A letter to Saddleback Valley News on July 20 from a member of one of the volunteer groups indicated they’d been dismissed by the city as letter-changers and never again asked to resume. Probably at considerable consternation to MacLean and Kelley, another group of volunteers came forward to change the letters. Despite their willingness to continue doing the job, why did their service end? Their statements at council meetings during public comments, plus letters to the editor from members of both groups, exposed the city’s lie that no one would update the manual board.

As an end run several years ago by the minority council members who wanted to dump the manual board, a “study” for an electronic sign made its way to the Planning Commission in 2003.

The commission back then consisted of the late Norm Murray, Jack Anderson, Dr. Michael Kennedy (who was replaced by Dorothy Wedel), Bo Klein and Mary Binning. The commission rejected the electronic sign 5-0, saying its nature and size violated city code. Beyond legal grounds for rejecting the sign, the commission was concerned with dangers of the visual distraction at a busy intersection.

Saddleback College defiantly put up glaring electronic nuisance boards on its property, claiming it had exemption as if it were a sovereign nation. Residents objected to the electronic boards, but nothing changed. The number of car wrecks near the college was already the highest of any area in the city.

A resident who attended the July 2 meeting when the council voted 3-2 to approve the sign (MacLean, Kelley and Ury in favor) commented: “I saw no leadership from Reavis and Ledesma. Ledesma only stated he was being consistent with his earlier votes. A city staff member offered a chance to delay the decision by getting additional information. Reavis as mayor didn’t pursue the opportunity, even for a delay. I didn’t see resistance from any council member, and the two who didn’t vote for the sign appeared ambivalent.”

With city signs all over town listing the five council members’ names on slopes and road projects, this council has yet another opportunity for taxpayers to subsidize political campaigns with an electronic message board.

As an attempt to brush aside residents’ overwhelming objections to the sign, Kelley claimed the glaring nuisance will be “tasteful.” As a memorable whopper, Ury stated the message board would eliminate the need for the “City Outlook” magazine.

The excuse for installing an electronic sign is and always has been a lie. As an additional slap in the face to the volunteers, a city employee was pictured in the July 13 Saddleback Valley News changing the letters. Was this to give the false impression the city has to pay for the expense of changing the message?

An activist who objected to the sign at the July 2 council meeting later commented, “It’s a matter of time before someone will crash a car at La Paz and Marguerite and file a claim against the city, whether or not an electronic sign caused the wreck. I suppose we could look on the bright side. A car crash at the intersection could take out the sign as well.”

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.

Calling All Speakers, CUSD Board Meeting
Message from a parent

An important Capistrano Unified School District item is on the agenda for the board meeting Monday, August 13.

The CUSD Board of Trustees added payment of former superintendent James Fleming's legal fees to the agenda for Monday's meeting. The trustees changed it from a "discussion" item to an "action" item, which means they intend to vote on it.

We must not let this happen. To vote to use our kids' education tax dollars to defend Fleming when the trustees are making cuts to the classroom, including cutting back teaching staff while increasing class sizes through "funding changes," is just plain wrong. We are running a deficit of $9 million for last year alone (and an estimated $9.5 for the upcoming year); the last thing the trustees should be doing with our money is paying for Fleming's criminal defense.

Even if you have not yet attended a board meeting, it is imperative that you attend the board meeting Monday night, and please speak out about this!

The meeting starts at 7 p.m. Please be sure to fill out a blue "request to speak" card (on the table at the back of the room as you walk in; give it to the staff to the left of the dais at the front of the room). Make sure you mark Agenda item # 51 – Fleming's legal fees. You will be given up to 3 minutes to speak, but you don't have to use the full 3 minutes. It might be helpful to write out your remarks in advance. Making a simple statement such as "It's wrong to use our kids' education dollars to pay for Fleming's criminal defense" is very helpful. They need to hear from ALL of us, not just a select few. 

If enough people complain to the trustees, they may be less likely to vote to have our kids pay for his criminal defense (that's essentially what it is).

The location of the meeting is the administration building, 33122 Valle Road, San Juan Capistrano. Thank you for your support – see you at the board meeting!

Testimony is Revealing
Letter to the editor

When serving on a jury, I’ve noticed some of the accused wouldn’t answer any question unless it benefited their defense. I have the same observation when reading the grand jury testimony of old-guard Capo school district trustees and top administrators. Some of them say they barely remember anything except following the advice of CUSD lawyers or other district consultants. They claim ignorance or amnesia in trying to distance themselves from their own decisions.

When those being investigated have no defense except ignorance of the law, are they innocent? Given the choice between culpability and ignorance, some of them seem eager to look completely uninformed.

With the grand jury transcripts available online, more CUSD residents are able to review the documents. Four old-guard trustees will be up for reelection in 2008, and voters can read the testimony to determine whether or not these four are fit to serve.

Connie Lee
Mission Viejo

The Buzz column, August 10

A Buzz reader suggested the council should pass an ordinance to stop city contractors from making campaign donations to elected city officials. The suggestion is a good one, particularly when millions of dollars are involved in city contracts and such donations cause questions about payback. Council members won’t stop it, as it would level the playing field for challengers. In the 2006 election, Lance MacLean and Trish Kelley without vendor donations would have been outspent by some of the challengers.

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The 2008 city race could be another stampede of candidates. Rumors are already surfacing about two 2006 challengers running again. Additionally, a political newcomer with name recognition (developed by his association with a city-sponsored event) is talking about running.

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Several Mission Viejo residents attended the Aug. 10 court appearance of two former CUSD officials charged with felonies. One of the residents emailed the Buzz: “This was the third court appearance for James Fleming and Susan McGill. Even if I hadn’t known who they were, they stood out in the crowd of criminal defendants. They were the only ones dressed up – Fleming in a suit and McGill in a white jacket. While waiting for their case to be called, Fleming sat with his wife on the back row. McGill sat with a man who might have been her husband. Several rows separated the two defendants. When the judge finally called their case 90 minutes after the stated time, the proceedings were over in a matter of minutes, merely rescheduling the pre-trial hearing to August 17. Other people following the case told me Fleming and McGill are dragging this out as long as possible.”

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What if CUSD trustees on Mon., Aug. 13, decide not to pay the legal fees of this pair? With Fleming paying his attorney $400 an hour, would he not want the trial scheduled, over and done with in record time?

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After CUSD trustees and administrators required employees to attend a rousing send-off for Fleming at his final board meeting in 2006, perhaps they will arrange another standing ovation at the courthouse when he finally arrives for his trial. By the way, the old-guard trustees denied that employees were asked to attend the 2006 send-off, claiming it was a spontaneous show of support. A CUSD constituent made a public records request and captured the memo telling employees to attend.

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A Buzz reader reported seeing minor slope failure of the hillside at Los Alisos and Jeronimo, which was quickly repaired. The steep slope near the corner has been dubbed “the Matterhorn” by nearby residents. After spindly trees and shrubs were planted by the developer, a neighbor remarked, “There is no way they can hide the ugliness of the corner by shrubbing it up.” As part of Steadfast’s initial proposal, they described how great the corner would look. It’s been an eyesore from the time Steadfast bought the property years ago – overgrown with weeds and lately strewn with roadblocks and cones.

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He’s baaaaaack? The rumor mill indicates Charles McCully might become
CUSD’s interim superintendent – again. Maybe McCully’s name is surfacing because he did such a bang-up job of finding Dennis Smith, who last spring threw in the towel as superintendent before he officially began.

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Parents mentioned on an OR Register message board that Dennis Smith signed diplomas for this year’s high school grads. That’s interesting, considering he was never officially hired. Given the possibility other top administrators could be indicted, perhaps Smith was the only safe bet whether he worked in CUSD or not.