CUSD Ties Are Still a Mystery

The trial for ex-superintendent James Fleming is scheduled to begin Aug. 31 or later. The OC Register reported on June 5 that the trial was delayed a seventh time because of the judge’s scheduling conflict. Fleming and ex-assistant superintendent Susan McGill were charged with felonies for their involvement in the 2005 attempted recall of school board trustees. Charges stemmed from the creation of “enemies lists” of recall supporters and their children.

Some of those named on the lists filed lawsuits against CUSD, Fleming, McGill, the Registrar of Voters office and Registrar of Voters Neil Kelley. Despite the delays, the trial will likely be over before the lawsuits are settled.

CUSD constituents who followed events leading to the lawsuits should hope that Fleming and McGill will reveal why Kelley allowed CUSD administrators to review the recall petitions in his office. Kelley also was in communication with district personnel, and grand jury testimony reveals he was keeping some CUSD administrators apprised as his staff members counted recall signatures. Kelley was relatively new in the position as interim Registrar, and litigants believe he was told to break laws to allow administrators to see the petitions. After the news broke about Kelley’s acts and he admitted that “mistakes were made,” he was promoted by the OC Board of Supervisors from interim to permanent status as Registrar. The sequence of events gave an appearance that Kelley was rewarded for his silence and brushing off lawbreaking as “mistakes.”

Fleming and McGill will next appear in court on Aug. 14 for a hearing. At that time, they could file motions that would delay the start of their trial until after Aug. 31.

Charges against Fleming include misappropriation of public funds, use of school funds to urge support or defeat of a ballot measure or candidate and conspiracy to commit an act injurious to the public. McGill’s charges include perjury and conspiracy to commit an act injurious to the public.