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CUSD Update, Part 1 The Capistrano Unified School District Board of Trustees met on June 27 to discuss how to cut $51 million to balance the budget. Julie Collier of Parents Advocate League (PALs) sent out the following email prior to the meeting, with a subject line, “92% of CUSD Budget Goes to Compensation.” Dear PALs, As you know CUSD has been dealing with budget issues for the last few years. Throughout this time parents have watched class sizes increase, experienced our children’s teachers on strike, dealt with limited resources in the classroom, dealt with reduction of counselors and assistant principals, walked past dilapidated buildings and playgrounds, and experienced the negative effects of seniority-based layoffs also known as LIFO (Last-In; First-Out) losing the newest teachers with the most recent education. We donated more, even if it was financially hard for many of us. We volunteered more. We took time to attend board meetings and write emails to board members and legislators we hoped would help. We read the articles and blogged out of frustration, hope, and fear. And, yes, some of us went so far as to send our children to public charter schools in CUSD because we knew our children needed something different. We rallied to save our teachers, our tax dollars, and most importantly our children’s right to a quality public education. Sadly, that is not enough. Our district has to cut $51 million from the budget that will affect students not only in the next school year, but for years to come. This Wed., June 27, at 7:00 p.m. in the CUSD board room, district officials will present the budget cuts to the public. The board members will choose to vote for or against the following cuts just to name a few:
Where will you be when the board votes this Wednesday at 7:00 p.m.? It is time for parents to step up and demand that CUSD puts students first. This is the time for you to show the CUSD board that parents expect tough decisions in the best interest of students. YOU are your child’s voice. Please come to the board meeting Wednesday. Be there to show the board your child deserves more than 8% of the budget. The following article has more information: CUSD to Consider a Shrinking Budget Julie Collier |
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CUSD Update, Part 2 The following paragraph is the “need to know” summary of the June 27 CUSD board meeting. Constituents should refer to this information when voting this November. From comments in Patch.com from a Capo parent, referring to the Nov. 2010 union takeover of the school board when three candidates were elected: “Pritchard, Alpay & Hatton were the trustees (with the backing of the unions and Union First aka Children First) who promised to be open, honest and transparent, to bring healing to CUSD. The voters of CUSD were totally hoodwinked and given the ultimate in fool’s gold. They are now paying a very heavy price for believing the BS they were sold regarding Alpay, Pritchard & Hatton. If there is any hope of saving CUSD, these monsters need to be voted out of office ASAP.” http://sanjuancapistrano.patch.com/articles/cusd-board-shuts-down-budget-debate?ncid=newsltuspatc00000001 Key information from the Patch.com article, “CUSD Board Shuts Down Budget Debate.” It begins: “Twice, when Trustee Ellen Addonizio tried to speak, Trustee John Alpay successfully moved to close the discussion. A $331-million budget was approved with little conversation. The divided trustees of the Capistrano Unified School District took the unusual step of preventing debate Wednesday night as they approved a $331-million budget and a teachers’ union agreement that will result in larger class sizes and a shorter school year. … As Trustee Ellen Addonizio was starting to discuss a motion to approve the agreement with the Capistrano Unified Education Association, Trustee John Alpay moved to stop all debate on the matter.” A CUSD constituent described Alpay’s move as a Brown Act violation, and he also got a raise for the board and made the raise look like a pay cut. He violated the Brown Act based on his own argument (see letter below). Alpay got the raise he has wanted since January 2011. In January of 2011, Alpay wanted the board pay to be increased to $750 per month. (Ex-CUSD Trustee Marlene Draper cut the pay in a budget discussion in her final year.) So the board has been operating on a 50% cut since 2008. At the CUSD board meeting on June 27 during the budget presentation. Alpay moved and it was passed to take a cut equal to the employees (so what is that, 1.2% or 2.7% if the taxes fail?) then it will revert back to the pay as outlined in BP 9250 (a) which states Each member of the Board of Trustees may receive the maximum monthly compensation as provided for in law. Ed Code 35120 A 2 provides for compensation of $750. Issues: In Alpay’s email, he believes, as an attorney, that the pay was reduced via a violation of the Brown Act, but then at the meeting he did the same thing. So he deliberately violated the Brown Act? In addition, his motion provides for a small cut to the board pay (what every staff member gets) from 7/1/12 to 6/30/13 and then a 100% increase on 7/1/13 (and that increase will be automatic so the public will not be made aware). So a raise is a cut? Sounds like everything else in CUSD. From: "Alpay, John M." <JMALPAY@capousd.org> Issue Analysis Admittedly there are a number of actions that are excepted from Government Code Section 54950, such as personnel decisions covered in Government Code Section 54957, but Trustee compensation is not included. The District has been investigated numerous times by the Orange County District Attorney's Office for procedural violations and in the past they have required various remedial actions be taken. Any third party can seek judicial action against the District for this violation as provided under Government Code Section 54960.1. Fortunately the same section allows the District to under take action necessary to correct this oversight. It should be noted that the action taken by the Board in the February 28, 2008 meeting was also inconsistent with certain provisions of the Education Code. While Trustee compensation is set forth under Education Code Sections 35120(a)(3) and 35120(e) and is to a certain extent permissive, expense reimbursement as set forth in Education Code Section 35044 is mandatory ("shall" vs. "may"). In other words, the Board does not have the power to usurp the authority of the Legislature and eliminate expense reimbursement. With respect to the compensation, the monies due and payable to each Trustee going back to July 1, 2008 falls under the definition of wages as defined in Labor Code Section 200. As a result, the failure to pay wages is a violation of Labor Code Section 201 and further subjects the District to penalties to each Trustee as provided in Labor Code Section 203. This means one days wages is due and payable for each day the wages are paid late (up to a maximum of 30 calendar days). I should also point out that the vote taken was also a violation of our existing Board Bylaws. Compensation and reimbursement of expenses is specifically spelled out in BB 9250(a). Please note that the Board has the authority to suspend policies for a limited time (subject to the Education, Government and Labor codes), but only for a limited time as provided in BB 9314. The vote taken, while also inconsistent with applicable law, is not for a limited time. In addition BB 9314 requires that any changes be "reviewed on their own merits rather than the circumstances of the moment." Given the vote was taken during budget discussions, the action taken is impermissible for yet another reason. Recommendation and Corrective Action As you can see, I've spent some time reviewing various applicable California Code Sections and the Board Bylaws. If you think my analysis or conclusion is incorrect, please let me know. To be absolutely clear, this is not intended or provided as legal advice and it may be appropriate to confer with District counsel for their opinion on the matter. The February 25, 2008 vote was taken by a previous Board with Benecke, Christensen, Darnold, Draper and Stiff presiding and with Carter as Superintendent. The current Board and staff should move to correct this error and move forward in a manner consistent with applicable law. John M. Alpay |
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Obamacare and 21 Tax Increases Time to get ready for the November election. Think about this and share it with your friends. Subject: Obamcare and 21 tax increases, half of which impact middle-class folks At times we must look in our rear-view mirrors. Remember that costly statement in 1989? "Read my lips: no new taxes," Bush 41. Fast forward to 9-20-09. President Obama re Obamacare when he told George S his healthcare plan is "absolutely not a tax." May Obama have the same fate as George H.W. Bush 41. Beyond the outright false statements in the Legislation, NFIB small businesses, the backbone of our job creation, will take a hard look at costs before adding new employees.
Now that Obamacare’s penalty is a “tax,” not a “fee,”
June 2012...four months to go to oust Barry and the Bums. Joe Holtzman |
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Non-government Events Following is a sampling of events and activities that are not funded by taxpayers or promoted by the Nanny State. Please support private enterprise and non-profit groups. The Marvelous Wonderettes: Caps & Gowns, July 3 to Aug. 12, musical with classic hits of the ‘50s and ‘60s, Laguna Playhouse, Moulton Theater, 606 Laguna Canyon Road, Laguna Beach, (949) 497-2787, ext. 1, http://www.lagunaplayhouse.com July 4 Spectacular, Music of The Eagles, Wed., July 4, 8:00 p.m., Verizon Wireless Amphitheater, Irvine, (714) 755-5799, http://www.pacificsymphony.org/main.taf?p=9,5,6,6&ProductionID=8858 Concerts at Lake Mission Viejo on Saturdays: Allen Stone on July 7, Three Dog Night on July 21, Hunter Hayes on Aug. 4, Leon Russell on Aug. 18 and Hanson on Sept. 1. Concerts begin at 7:00 p.m. and are limited to lake association members and their guests. Call or visit the website for information, 949-770-1313, ext. 311, or http://www.lakemissionviejo.org “Taming of the Shrew,” through July 8, American Coast Theater Company, Vanguard University. Show times are 8:00 p.m. on Friday and Saturday, 2:00 p.m. on Sunday, Lyceum Theater, 55 Fair Drive, Costa Mesa, (714) 619-6424, http://www.actctickets.com Fun with Chalk, the 13th annual Street Painting Festival will be held on Sat.-Sun., July 14-15, featuring re-creations of the Old Masters and original works, all by noted artists from all over the world and all created on the asphalt surface of the Bell Tower Community Center in Rancho Santa Margarita. For more information see http://www.funwithchalk.org Mariachis at the Mission on Sat., July 14, 10:00 a.m. to 11:15 a.m., second and fourth Saturdays each month, free with paid admission to the Mission, Central Courtyard, Mission San Juan Capistrano, 26801 Ortega Hwy, San Juan Capistrano, (949) 234-1300, http://www.missionsjc.com/ National Rifle Association Banquet, Thurs., July 26, 6:00 p.m., Metro OC Friends of NRA, Phoenix Club, 1340 S. Sanderson, Anaheim, contact Mike Davis, (714) 368-0451, mdavis@nrahq.org, http://www.friendsofnra.org Pageant of the Masters, July 7 through Aug. 31, 8:30 p.m. performances, 650 Laguna Canyon Road, Laguna Beach, (800) 487-3378, http://www.pageanttickets.com Sawdust Art Festival, through Aug. 31, on the festival grounds, 10:00 a.m. to 10:00 p.m., 935 Laguna Canyon Road, Laguna Beach, (949) 494-3030, http://www.sawdustartfestival.org |
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Political and Government Events Calendar Meet President Abraham Lincoln, Tues., July 3, 10:30 a.m. to 12:00 noon, Richard Nixon Presidential Library. Bring the family, interactive Q &A, photo ops, children’s activities and refreshments. 18001 Yorba Linda Blvd., Yorba Linda, (714) 364-1120, http://nixonfoundation.org/ai1ec_event/meet-president-abraham-lincoln/?instance_id=347 Celebrate Independence Day at the Richard Nixon Library, free admission, Wed., July 4, 10:00 a.m. to 5:00 p.m., including a 1:00 p.m. concert by the Placentia Symphonic Band, 18001 Yorba Linda Blvd., Yorba Linda, (714) 364-1120, http://www.nixonfoundation.org Concert at the Richard Nixon Library, Sun., July 8, Two Pianos in Concert with Marilyn Scranton and Ann Patrick Green. Doors open at 1:15 p.m., and concerts begin at 2:00 p.m. unless otherwise noted. Concerts are free and open to the public. Schedule is subject to change. Richard Nixon Library, 18001 Yorba Linda Blvd., Yorba Linda, (714) 364-1161, http://events.nixonfoundation.org/concerts/ Capistrano Unified School District Board of Trustees meeting on Mon., July 9, 7:00 p.m., including a Public Hearing, Request to Waive the Penalty for K-3 Class Size Increases for Fiscal Year 2012-2013, district office, 33122 Valle Road, San Juan Capistrano, agenda and supporting documentation are published on the website 72 hours prior to a meeting, (949) 234-9200, http://capousd.ca.schoolloop.com/ ACT for America, Mission Viejo Chapter, will meet on Mon., July 9, 7:30 p.m., featured speaker will be Bill Warner, Ph.D., director, Center for the Study of Political Islam. Doors open at 6:45 p.m., and the meeting begins promptly at 7:30 p.m. Program to be announced. ACT meets at the Norman P. Community Center, 24932 Veterans Way, Mission Viejo. Saddleback Valley Unified School District Board of Trustees, Tues., July 10, 6:30 p.m. Another board meeting will be held on July 24, 6:30 p.m., “if necessary.” District office, 25631 Peter Hartman Way, Mission Viejo, (949) 586-1234.. http://www.svusd.k12.ca.us/ Moulton Niguel Water District meetings: Investment Committee on Wed., July 11, 9:00 a.m., Citizens Advisory Committee, Thurs., July 12, 9:00 a.m., Engineering and Operations on Mon., July 16, 9:00 a.m., Finance and I.T. on Wed., July 18, 9:00 a.m., Board of Directors on Thurs., July 19, 5:30 p.m., 27500 La Paz Road, Laguna Niguel, (949) 831-2500, http://www.mnwd.com/board-of-directors/agenda.aspx Santa Margarita Water District meetings: Engineering Committee on Fri., July 13, 7:30 a.m.; Finance Committee on Fri., July 20, 7:30 a.m.; Board of Directors on Wed., July 25, 7:00 p.m., 26111 Antonio Parkway, Rancho Santa Margarita, (949) 459-6420, http://www.smwd.com Orange County Board of Supervisors will meet on Tues., July 17, 9:30 a.m., Board Hearing Room, First Floor, 333 W. Santa Ana Blvd., Santa Ana, (714) 834-3100. http://egov.ocgov.com/ocgov/Government/Board%20of%20Supervisors/Meeting%20Schedule El Toro Water District meetings: Engineering, Finance, Insurance Committee on Tues., July 24, 7:30 a.m. to 10:00 a.m.; Board of Directors on Thurs., July 26, 7:30 a.m. to 10:00 a.m. ETWD, 24251 Los Alisos Blvd., Lake Forest, (949) 837-0660, http://www.etwd.com/ South Orange County Community College District Board of Trustees, Mon., July 30. Meeting times unless otherwise posted: open session convenes at 5 p.m., followed by adjournment to closed session, open session reconvenes at 6:00 p.m. or 6:30 p.m., adjournment by 9:00 p.m. Ronald Reagan Board of Trustees Room, Room 145, Health Sciences/District Offices Building, Saddleback College, 28000 Marguerite Parkway, Mission Viejo, (949) 582-4999, https://www.socccd.edu Saddleback Republican Assembly does not meet in July or August. The next SRA meeting will be on Thurs., Sept., 7:00 p.m. Guest speaker will be John Moorlach, Orange County Supervisor, Second District. SRA meets on third Thursdays at the Norman P. Murray Community Center, 24932 Veterans Way, Jacaranda Room-B, Mission Viejo. For information call (949) 360-1717. |
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The Buzz Look for additional reaction on this blog next week about the Capo school district budget fiasco. The reaction of parents to the budget will include comments from Julie Collier. An excerpt from her letter: “I have been to many public meetings over the last five years; however, I have NEVER witnessed such a dysfunctional and offensive public meeting as I did on June 27th at the CUSD school board meeting. This meeting was truly an insult to constituents as well as students in CUSD.” *** Mission Viejo residents are mobilizing against a proposal to create a “signage zone,” allowing electronic billboards from Avery to La Paz. A Kaleidoscope promoter presented the billboard proposal to the city council, which has the support of the council majority. Here’s how the votes lined up during the June 4 meeting: FOR the billboards -- Frank Ury (he is up for reelection in November), Trish Kelley and Dave Leckness. Against the billboards: Rhonda Reardon and Cathy Schlicht (she is up for reelection in November). In the audience was housing lobbyist Wendy Bucknum, a candidate for city council in November, running with Frank Ury. Bucknum recently benefited from a fundraiser hosted by the presenter of the billboard proposal. *** Comment from Buzz reader L.C.: “The Obama campaign set up an event registry on their website this week asking supporters to register their weddings, anniversaries and other events in order to convince their friends and family to make contributions to the Obama-Biden campaign instead of sending gifts. This latest campaign gimmick is a bizarre new low for the Obama team in that it makes every significant event in people's lives about Obama.” *** Mission Viejo residents should be on high alert regarding Very High Fire Hazard Severity Zones on the July 2 agenda. Two weeks ago, the council majority attempted to trick community members into believing the council majority sided with residents on fire maps. A write-up followed the June 18 council meeting, in which OC Register writer/spinner Chris Boucly’s headlines stated “Council sides with residents, who worry maps will affect property values and insurance rates.” The Fire Authority lumps together the two phrases: Very High Fire Hazard Severity Zones/Special Fire Protection Areas. The only outcome of significance during the June 18 meeting was the 4/1 decision (Councilwoman Cathy Schlicht dissenting) to INCREASE the number of homes in the “special areas” from 3,000 to 15,000. The repercussions remain significant because Civil Code 51182 requires that Realtors disclose to homebuyers that for-sale properties are in such areas. Nearly half of all Mission Viejo homes just got put into the zones. *** Here’s Item No. 21 on the July 2 council agenda: Recommended Action: (1) Adopt Resolution 12-XX Excluding all Areas Identified as a Very High Fire Hazard Severity Zone in the City of Mission Viejo and Adopting Findings Supported by Substantial Evidence in the Record Confirming said Determination; and (2) introduce Ordinance 12-XXX Repealing Ordinance No. 95-151 (Designating Very High Fire Hazard Severity Zones) and Amending its Ordinance 10-287 to Delete the Defined Terms “Fire Hazard Severity Zones”, “Local Agency Very High Fire Hazard Severity Zone” and “Wildland-Urban Interface Fire Area” and in all Instances of Use Substituting the Term “Special Fire Protection Area” or “SFPA” for all Purposes. *** Residents are realizing they have only one council member, Cathy Schlicht, representing them. Council votes are increasingly gravitating to 4-1 on items of significance. At a recent meeting of the Saddleback Republican Assembly, an audience member asked how CUSD Anna Bryson had run on a reform platform but supported motions favoring the teachers union. A number of candidates who received SRA’s endorsement either abandoned conservative beliefs very quickly after they got into office or perhaps they never had any conservative beliefs. *** Here are a few gems for Mission Viejo residents to consider before casting their votes in November. “Democracy substitutes election by the incompetent many for appointment by the corrupt few. “ George Bernard Shaw “Behavior which appears superficially correct but is intrinsically corrupt always irritates those who see below the surface. “ James Bryant Conant “Chicago is not the most corrupt American city. It's the most theatrically corrupt.” Studs Terkel “I think the American government is now the most corrupt government in the world.” Ginger Baker “I think when money starts to corrupt journalism, it undermines the journalism, and it undermines the credibility of the product, and you end up not succeeding.” Walter Isaacson “Power does not corrupt men; fools, however, if they get into a position of power, corrupt power.” George Bernard Shaw “The more corrupt the state, the more numerous the laws.” Tacitus “When we get piled upon one another in large cities, as in Europe, we shall become as corrupt as Europe.” Thomas Jefferson |
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