Did Old-guard CUSD Trustees Conceal Information?
Reform Group Issues Statement

The four old-guard trustees from former Supt. James Fleming’s regime have violated the Brown Act so many times, it’s hard to keep track. No sooner had the Orange County D.A. issued a statement about their December 2007 violations when the four holdovers allegedly did it again on March 24. Following is a press release issued by the three reform trustees, Ellen Addonizio, Anna Bryson and Larry Christensen.

March 27, 2008
For Immediate Release

JOINT STATEMENT CONDEMNING NEW BROWN ACT VIOLATION
AND EFFORT TO CONCEAL FROM THE PUBLIC
CRITICAL INFORMATION

San Juan Capistrano, CA – We believe that during our most recent March 24th board meeting, the four Fleming-era Trustees (Marlene Draper, Sheila Benecke, Mike Darnold and Duane Stiff) violated the Brown Act – again. We believe the facts clearly demonstrate they did so with a specific intention to conceal from the public critical information they knew should have been made available to the public. As a result of this most recent flagrant violation (which continues a systematic pattern of illegal actions), we hereby call upon the Orange County District Attorney to immediately intercede. As a result of these illegal actions, we also will demand that the official agenda for our next board meeting on April 21, 2008, include an item calling upon CUSD to stop all expenditures and further action to construct the San Juan Hills High School Football Stadium Complex because all prior approvals for that project were obtained by presenting misleading and incomplete information to the Board of Trustees – and to the public.

On March 24th, we recessed into closed session for the stated purpose of participating in a conference with legal counsel related to potential litigation. Agenda Item 3A was entitled:

“A. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION
Significant Exposure to Litigation: Two Cases…”

Before recessing into closed session, Trustee Darnold expanded upon the published agenda and confirmed in open session the stated reason for going into closed session, when he announced:

“We are going to go into closed session and discuss…for conference with legal counsel for anticipated litigation:
Potential Case #1 – Edge Development,
Potential Case #2 – Concorde Development…”

We discovered during the discussion relating to Concorde Development, there was no “anticipated litigation” or “significant exposure to litigation.” To the contrary, the entire discussion was focused upon a desire by the four Fleming-era trustees to purchase certain additional land adjacent to the CUSD San Juan Hills High School site. As a result, it was illegal to publish a misleading agenda and to exclude the public from hearing and participating in this discussion of critical importance to this highly controversial project.

At the conclusion of the closed session, the Board reconvened in open session and Trustee Darnold reported that:

“…I want to report out that in closed session the board approved to move into negotiations with [Concorde Development] by a vote of 4-3 … .” 

We were not given any prior notice about the substance of any threatened litigation and had no idea what litigation matters would be discussed and acted upon – and neither were our constituents. We objected and voted against the proposal to “enter into negotiations” with Concorde Development because the entire matter was improperly brought to us in closed session under the guise of potential litigation and because we believe these four trustees were trying to conceal from the public significant information that should have been made public.

The public has a right to know these facts:

CUSD does not own the land upon which the SJHHS football stadium complex would be constructed. 

In December 2007 (and later in February 2008), when the football stadium complex construction bid was agendized and approved by the four Fleming-era trustees on a 4-3 vote, at no time was it disclosed to us – or to the public – that CUSD does not own the land upon which the stadium complex would be built.

In order to actually construct the stadium complex, CUSD must now acquire additional real property adjacent to SJHHS – and that is why the four Fleming-era trustees voted to “enter into negotiations” with Concorde Development. 

We believe all of these facts and issues should have been agendized for and discussed in open session.

[Issued by Trustees Ellen Addonizio, Anna Bryson and Larry Christensen]