Single Page Text Only 07/25/09

Recall Update

Councilwoman Trish Kelley has taken another shot at those recalling Councilman Lance MacLean. On July 22, her email to a distribution of undisclosed recipients was quickly forwarded to recall proponents. Those who received the email said it was probably written by MacLean’s political consultant, not Kelley.

The email begins with an attack against signature gatherers, saying they seemed to pressure people into signing the petition with misinformation. However, it gives no examples of misinformation. As a laughable statement, the email says, “the [recall] workers did not know why they were asking voters to sign.”

In fact, signature gatherers have given each voter a flyer – reasons to recall MacLean that are a matter of public record. Identifying a politician who enriched himself and sold out residents isn’t rocket science.

Kelley’s email doesn’t defend or deny any of the petition’s eight reasons to recall MacLean. She says she’s supporting MacLean because they voted together for “key improvements” to the city. Incredibly, she mentions “road widenings,” as a plus. The council’s failure to manage the Crown Valley Porkway widening has been a primary reason residents have signed the recall petition. Ironically, Kelley attempts to credit MacLean (Mr. Assault and Battery) with Mission Viejo being a safe city. Residents signing the petition simply don’t buy the idea that MacLean has made Mission Viejo a better place.

Perhaps the reason Kelley doesn’t address MacLean’s negatives is that she is guilty of nearly all of them except for his assault and battery on a co-worker. Kelley voted along with MacLean to double their council pay. The item that raises voters’ ire is the council majority members’ (MacLean, Ury, Kelley) vote to give themselves lifetime medical benefits after three terms of part-time service.

Kelley’s self-enrichment is in some ways worse than MacLean’s because she’s deceptive about it. From the dais, she indicated she shouldn’t be criticized for bestowing lifetime health insurance on herself because she is covered by her husband’s insurance. Privately, she says she is entitled to the city benefit. However, what Kelley doesn’t reveal is that she’s currently TAKING THE MONEY instead of the coverage in the form of deferred compensation! She can receive a lump sum payment for opting out of the city’s healthcare plan. The sum amounts to $825 per month, and her Kool-Aid drinking fans should ask her about her “secret” cash award at the expense of taxpayers.

As the signature drive has evolved, residents have consistently asked a key question. When signature gatherers mention the votes for self-enrichment, some residents have responded by saying “they all did it.” In fact, they didn’t all do it. In November 2008, only MacLean, Ury and Kelley voted for lifetime healthcare, and they’re the only ones who could qualify for it. Ledesma will term out before he’s old enough to qualify, and Schlicht has adamantly opposed it.

In the early weeks of the signature drive, a few residents stated that MacLean had been unfairly targeted when other council members were equally guilty. The reaction is similar today, but the tone has changed. Instead of wanting to give MacLean a pass, they want others recalled as well. Not everyone agrees on which other ones should be recalled, but nearly everyone says that MacLean should be removed from office. If Kelley wants to tie herself to MacLean, that’s her prerogative.

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.

Parents Advocate League Update
By Julie Collier

Wednesday was a special board meeting. There were no speakers and approximately 20 people in the audience. The board approved both items on the agenda. It was a brief meeting (less than an hour). I was accompanied by my son, Jack (incoming 4th grader). He's been asking to go to a board meeting for more than a year because "Mom always goes to them. Why can't I?" While he enjoyed meeting Supt. Mahler and Julie Hatchel, he was sufficiently bored and lost interest in going in the future (except for the ones Mr. Volzke suggested he attend where there is lots of arguing and fighting. Thanks, Jonathan!). Needless to say, Jack won't be attending any more "bored" meetings.

Item 1: Reinstatement of Management Positions

Mr. Lebs explained that the four positions were critical to the function of the district. He also stated the cost of these positions was already included in the budget that was approved in June. The board approved (7-0), without discussion, to reinstate four district-level positions at the cost of $626,937 (after pay cut and furlough days $570,277). The jobs up for reinstatement are:

  1.     Asst. Superintendent, Secondary Education
  2.     Executive Director I, Consolidated Programs and Special Programs
  3.     Director V, Resolution Specialist Special Education
  4.     Coordinator, Literacy and Instruction Materials

Item 2: Strategic Planning

This item passed 7-0. Supt. Mahler explained that CUSD and other districts have a plan for their district. It has been a while since CUSD has provided a new plan for the district. She suggested that the trustees come up with a tool of governance to provide belief statements of the board and staff direction.

  • Trustee Bryson wants to move from the past and have a fresh direction with parent input. She also suggested comparing CUSD with other districts in the state and nation.
  • Trustee Addonizio wants the plan to be reality-based due to the economic climate. She asked if principals could provide an evaluation of the school year regarding what worked and what didn't.
  • Trustee Palazzo wants the plan to include a way to encourage students to walk or ride their bikes to school.
  • Trustee Winsten requested the staff provide a snapshot of where the district is now so CUSD can move forward. He also brought up the fact that the Mission Viejo City Council discussed Monday that they are considering creating their own school district. You can view this discussion at the MV City website. Supt. Mahler explained it would be hard to achieve because it could take years, and it requires voter response. You can view the document Supt. Mahler presented to the board at: Beyond the Blackboard 

You can read more about this and other issues on education:

Embattled Capistrano district seeks strategic plan

Expert: Schools ready to swallow $6 billion cut

If you are on Facebook, there is a parent-led group called "Save Class Size Reduction in Capo School District" that anyone can join.

The Buzz

Reader comment: “After seeing that the council cut the budget by 75 percent for library materials, I would like to know the cost of banners in the library parking lot. Does anyone keep track of what the city spends on all the banners, plus the expense of putting them up and down? It occurred to me when I saw all the banners that they are advertising the reading program at the library, and there will be less in the library to read. How long will it be before the library is limiting the number of books or other materials residents can check out because there’s not enough money to replace what wears out or add to the meager collection? I remember seeing the total number of items in the library, and it is quite low, given the size of the city.”

              ***

This blog has previously addressed the folly of pricey banners that say “read” in front of the library. Banners reminding people to read when they are already at the library is typical of the council’s wasteful spending that has led to cutbacks on library essentials. Community watchdogs went through the check register and reported that the city routinely pays $10,000 to have banners changed. This does not cover the cost of the banners, which are purchased without competitive bids. It also doesn’t cover the cost of the banner structures that blight the parking lot.

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For insight on Councilman Frank Ury’s posturing that Mission Viejo should form its own school district, read Larry Gilbert’s blog article, http://orangejuiceblog.com/2009/07/connecting-the-dots-formation-of-a-mission-viejo-school-district/ . Brad Morton also posted an article on his Mission Viejo Dispatch, http://missionviejodispatch.com/?p=10154 The council on July 20 approved a $15,000 survey of 500 residents to get a reaction to forming a Mission Viejo district. Constituents of SVUSD might remember Ury’s stormy tenure when he was on the school board in the early 1990s. After one term, voters removed him. While he claimed he lost his bid for reelection because the union opposed him, constituents said they were tired of all the fighting and his destructive attitude toward public schools. The $15,000 survey will attempt to get a reaction from residents without providing them with knowledge of costs for such a project.

              ***

Recall proponents and other signature gatherers report that very few voters are asking what a special election will cost to remove Councilman Lance MacLean from office. It would cost a fraction of a $400,000 Rose Parade float that was on TV for less than two minutes. It would be less than one third of the cost of lifetime medical benefits that the MUK (MacLean, Ury, Kelley) majority members bestowed on themselves in November 2008. Voters could have 10 special elections for the cost of killer pillars and killer palm trees along Crown Valley Porkway. It would be considerably less than posting signs along Oso Trail for all those alleged visitors from out of town who can’t find their way along a paved trail without getting lost. When the council spends more than $1 million a week, a special election is a minor cost and well worth it.

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