CUSD Recall Committee Files Brown Act Violation Complaint Against Old Guard Trustees
Posted by: Jubal | 01/14/2008 3:26 PM
This came over the transom this morning from the CUSD Recall Committee:
CUSD Old Guard Trustees Violate Brown Act...Again
Admitted Law Breakers Authorized Bidding for Millions - With No Public Notice
Rancho Santa Margarita, CA. The CUSD Recall Committee filed a formal complaint against Capistrano Unified School District Trustees Shelia Benecke, Marlene Draper, Mike Darnold and Duane Stiff, for actions they took during their most recent CUSD Board Meeting in violation of the Brown Act and other applicable laws.
In particular, Trustees Draper, Benecke, Darnold and Stiff (the four senior, members of the Board who served with recently-indicted former Superintendent James Fleming) voted to approve sending several highly controversial, multi-million dollar construction projects out to bid - projects that were never placed upon an official board agenda.
Even though there was nothing on the Board's official agenda related to seeking bids for a multi-million dollar aquatics center, additional two story modular classrooms, or a new track and field at the district's controversial new $150,000,000 San Juan Hills High School, Trustees Benecke, Draper, Darnold and Stiff each voted to approve sending these projects out for bid - all without any prior notice to the public.
California's open meeting law (commonly known as "The Brown Act") prohibits an elected board from taking action on any matters unless the topics are placed on a formal agenda posted in public at least 72 hours in advance of the meeting.
This did not occur. As a result, the CUSD Recall Committee has demanded that:
(a) Trustee Benecke and Draper immediately resign from the Board of Trustees;
(b) Trustee Darnold step down as the acting President of the Board;
(c) Each of you immediately issue a formal written public apology for your actions; and
(d) CUSD place an item on its next official Board agenda calling for the rescission of the illegal vote taken during the December 10, 2007 Board meeting.
A copy of the CUSD Recall Committee's letter is attached hereto.
In October of 2007, the Orange County District Attorney released a 58-page report that detailed dozens of instances where Trustees Benecke, Draper, Darnold and Stiff illegally discussed district issues in secret behind closed doors, in violation of the Brown Act. On October 26, 2007, in order to avoid further enforcement action by the District Attorney, those four trustees each voted to accept the findings of the District Attorney's report and admitted they had repeatedly violated the Brown Act.
CUSD Recall Committee spokesperson, Tom Russell, commented on this latest Brown Act violation, "This latest violation of the Brown Act demonstrates the four Fleming-era trustees have not changed their ways - they need to be removed from office."
In 2005, the CUSD Recall Committee 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.
In November 2006, the CUSD Recall Committee's three "ABC Reform Slate" candidates (Ellen Addonizio, Anna Bryson and Larry Christensen) were elected to the CUSD Board of Trustees by landslide margins of victory.
In May 2007, as part of the on-going criminal investigation of the CUSD leaders, former CUSD Superintendent James Fleming was indicted on three felony counts (misappropriation of public funds, use of school funds to improperly defeat the CUSD Recall Committee's 2005 recall campaign, and conspiracy). If convicted, Fleming could serve up to four years in prison.
The CUSD Recall Committee is leading the current campaign to recall CUSD Trustees Benecke and Draper for creating a culture of corruption at CUSD and for gross fiscal mismanagement.
CATEGORY:
CUSD Recall
It's about time!!!!...
This is an obvious violation of the Brown Act. The District Attorney basically gave the CUSD Trustees a mulligan last October. Instead of bringing an enforcement action against them, the DA made a deal with them whereby the Fleming Trustees had to accept the findings of the DA and "admit their guilt", and then promise not to violate the Brown Act in the future.
Not surprisingly, old habits die hard and the Fleming Trustees quickly violated the Brown Act again.
It's clear the Fleming Trustees are unable/unwilling to comply with the law. They are now thumbing their noses at the law, at their constituents, and at the District Attorney. For that reason, the District Attorney needs to intercede and prosecute the Fleming Trustees for "breaking their promise" and committing this latest Brown Act violation.
It's bad enough corrupt CUSD Trustees Shelia Benecke and Marlene Draper have shown such disrespect to the people of CUSD for so many years. But when they thumb their noses at the laws designed to protect us all -- and at the District Attorney who is charged with enforcing those laws -- I believe they've really crossed the line. T-Rack needs to step in and put an immediate end to the corruption at CUSD. Enough is enough.
Does this mean that the CUSD has violated the terms of Settlement of my lawsuit against CUSD Board of Educaion for violation of Brown Act?