The Capo Unified Cauldron Continues To Boil & Bubble
Posted by: Jubal | 05/17/2007 3:39 PM
This came over the transom yesterday morning from the CUSD Recall Committee (better posted late than never!) and helped lead to an article in the Los Angeles Times today:
CUSD Trustee Benecke Violates Brown Act…Again
Board President Refused to Take Action on Properly-Agendized Reform Items
Rancho Santa Margarita, CA. The CUSD Recall Committee filed a formal complaint against Shelia Benecke, President of the Capistrano Unified Board of Trustees, for actions she took during the open session of the most recent CUSD Board Meeting in violation of the Brown Act and other applicable laws.
The three newly-elected reform Trustees from the “ABC Reform Slate” – Ellen Addonizio, Anna Bryson and Larry Christensen -- had submitted for Board approval a number of tough new Board policies relating to nepotism and conflicts of interest. These policies were submitted for the express purpose of stopping many of the well-documented abuses, and closing many of the loopholes, that Benecke and the rest of the CUSD leadership had been taking advantage of for years.
These reform agenda items were duly agendized and, as such, the CUSD Board of Trustees had a legal obligation to take action on those items. This did not occur.
Instead, Board President Benecke wrongfully and prematurely adjourned the public meeting without first causing the Board to take action on the agenda items and without providing the public their legal right to provide their comments to the Board -- all in violation of the Brown Act and other applicable laws.
As a result, the CUSD Recall Committee has demanded that Trustee Benecke:
(a) step down as the acting President of the Board;
(b) immediately issue a formal written public apology for her illegal actions;
(c) immediately confirm that each of the agenda items that she wrongfully prohibited the Board from taking action on at last Monday night’s meeting will be agendized for the next CUSD Board of Trustees meeting;
(d) ensure that CUSD cause a qualified attorney to be present during all school board meetings to ensure future compliance with all applicable laws; and
(e) tape the Board meetings to provide an accurate record for later review by the public and other law enforcement agencies.
A copy of the CUSD Recall Committee’s letter is attached hereto.
Last summer Terry Francke, general counsel for Californians Aware and one of the State's foremost experts on open-meetings laws urged the district attorney to file charges against Trustee Benecke and the other Fleming-era trustees for what he described as "...the worst example of a Brown Act violation in closed session I have ever seen in 25 years."
The District Attorney hasn't filed criminal charges...yet.
The CUSD Recall Committee is the organization that led South Orange County residents in the unprecedented campaign to recall all seven elected Trustees of the Capistrano Unified School District. More than 177,000 signatures were obtained from South Orange County residents calling for the removal of all seven CUSD Trustees. The campaign focused on the serious financial mismanagement and corruption at CUSD.
To learn more about these important issues, please visit our website at www.cusdrecall.com.
Despite being forced to attend Brown Act training only 4 days earlier as a result of CUSD’s lawsuit settlement with Ron Lackey for previous Brown Act violations, it’s obvious that Benecke (a 15+ year veteran of the Board) couldn’t figure out what a Brown Act violation is if it were spelled out in writing, taped to her forehead and she was looking in a mirror.
Draper has certainly gained front runner status for the Golden LaBonic’s Award for the best foot-in-mouth comment of the year. Her comment about her own situation involving CUSD doing business with her daughter’s company, “While it may not be illegal, it just smells” ranks up there with some of the great moments provided to us by the award’s namesake at the Republican Central Committee meetings during the 2006 election. Even the new superintendent couldn’t help but put his hands in his face and shake his head at that one.
Superintendent Smith, welcome to the zoo my friend … to the show that never ends. I hear the Placentia-Yorba Linda school district is looking for a new superintendent, it might not be too late to apply.
Who needs the Desperate Housewives of Orange County when we have four Fleming-era trustees providing this kind of entertainment? Someone needs to start taping these meetings, at any given moment we’re likely to see a CUSD staff member lie and mislead the public or see a real life elected official violate the law or have a melt down.
As Trustee Darnold likes to say, “I’ll second that Marlene,” whatever you want.
I couldn't believe that at last Monday night's Board meeting Marlene Draper actually tried to defend the long-standing conflict of interest and nepotism arisig from the district's hiring of Draper's daughter as its environmental consultant by referencing the Waldrip report and saying her voting on the matter was not "technically illegal" -- "it just smelled." So according to Draper, if it smells, that's good enough for CUSD. Glad to see Draper has put the district's bar for propriety so high.
After all of the scandals that have plagued this district over the past few years, and especially the recommendations in the Waldrip report directed specifically at her (to avoid even the appearance of impropriety), it's clear that Draper is still clueless. No wonder this district is viewed with disdain by so many constituents who simply want decent, honest leaders. Draper really topped herself this time. What a disgrace.
Draper and the other Fleming Trustees have proven time after time that they will say and do virtually anything, even ignore or violate the law, to force their favored projects down our throats whether they're equitably, financially or legally sound or not. San Juan Hills High School, Arroyo Vista K-8 and the Education Center are prime examples of how far they will go to put the interests of staff and themselves ahead of the true interests of the kids and the taxpayers -- more interested in Fleming's legacy/beauty projects, even if they drive the district into virtual bankruptcy. They (Benecke, Darnold, Draper and Stiff) should all be recalled so they can join their former colleagues (Casabianca, Henness and Kochendorfer) and their other buddies (Fleming, Doomey, Crawford) in the hall of shame.
CUSD’s recent “independent” Judge Waldrip investigation was a sham and their continuing delay tactics are designed to resist any meaningful reform. It’s nice to see that the recall folks are still aggressively cutting through all of the district’s nonsense and pushing for reform. These latest violations demonstrate, once again, that the veteran CUSD trustees still don’t get it. Hopefully, the Recall Committee will lead the way again to finish the job by removing Sheila Benecke, Marlene Draper and the other Fleming-era trustees (Mike Darnold and Duane Stiff) sooner, rather than later. The corruption and incompetence of the CUSD leadership will not end until these status quo-defending, reform obstructionists are removed from office and held accountable for the illegal and unethical things they’ve done. Then real reform can begin, while they are duly forgotten.
How could the new CUSD Superintendent allow these abuses to continue right under his nose at his very first meeting?
Let's hope the DA steps in quickly to clean up this mess.
I read the LA Times article about the Benecke/Draper fiasco at the May 7th board meeting. Draper's "it just sells" response was a stupid self-indictment, plain and simple. Whatever the basis of Benecke's faux pas, what she did to Ellen Addonizio and the audience was calculated and rude. This isn't the first time she has publicly disrespected one of the ABC reform trustees. Benecke has lost all manner of decorum and her "leadership" skills are terrible. Any good Benecke and Draper might have done for the district when they started as trustees years ago faded long ago as they becme arogant, bitter and jaded. Obviously, their time for doing good for the district has passed, and with a few more examples like these, no one, except Draper and Benecke, will miss the awful truth.
It's time for term limits. No one should be on this board for 10 years, let alone 20 years.