CUSD Update

The dismissal of charges last week against a former CUSD administrator took some constituents by surprise. Ex-superintendent James Fleming and ex-assistant superintendent Susan McGill had been charged with crimes for their roles in creation of “enemies lists” in 2005 and 2006. On Dec. 21, a state appeals court dismissed all charges against Fleming. A spokesperson for the District Attorney’s office said a decision has not been made to re-file charges. The case against ex-assistant superintendent Susan McGill is pending. The action was reported in the Orange County Register, http://www.ocregister.com/news/fleming-281254-district-court.html

According to Judge David Sills, all of Fleming’s activities were legal and justified. Sills said a superintendent may investigate the discontent in his district to determine if there was a pattern of discontent that led to the recall effort of trustees in 2005.

From the decision written by Sills: "In sum, we now hold that because Fleming was within his lawful authority to authorize his subordinates to compile the two lists, his authorizations were not criminal under section 424. Briefly, Fleming was within the proper scope of his authority as superintendent to research the nature of the discontent and unrest in the District at the time ... the lists could serve the valuable and lawful purpose of allowing superintendent Fleming to actually meet with his critics, learn their grievances, and explain his position to them. After all, we may ask, since when it is criminal for a school superintendent to meet with his critics?"

According to Mission Viejo residents who were named as enemies on Fleming’s lists, no one from CUSD contacted them to arrange a meeting, learn about their grievances or explain Fleming’s position. Unless Fleming had a “pattern” of making lists of those who disagreed with him so he could meet with them, further information is needed to determine how the judge speculated Fleming’s purpose was “to actually meet with his critics.”