Quinones, Ricasa, Cartmill, Cabello weigh pleas vs. fighting

The district attorney does not want trials in school official corruption cases because too much information would come out. I consider it a joke to be prosecuting officials for having dinner with contractors when far more serious corruption exists in San Diego County schools.

Quinones, Ricasa, Cartmill, Cabello weigh pleas vs. fighting
Annie Malcolm loans a crucial $500
By Susan Luzzaro
March 21, 2014

No one can estimate the cost to taxpayers for the South Bay scandal that involved pay-to-play charges and millions in Southwestern College and Sweetwater Union High School District bond money. But the costs continue to add up for defendants.

Sweetwater trustee Pearl Quinones plead guilty to one felony and one misdemeanor March 18. In a phone conversation March 19 Quinones said, “I made the decision to plea because of my family. The pressure and the expense are too much. Even at the last minute though, when I was standing in front of Judge [Ana] Espana, I still wanted to keep fighting.”

Quinones noted her felony charge was just over $500. Her plea stated: “In 2007, I was an elected School Board member of the Sweetwater Union High School District. I accepted gifts from Henry Amigable in 2007 with a total value in excess of $500 and I did not report them. The maximum amount of gifts one may receive from one source per year as of 2007 was three hundred and ninety dollars. Henry Amigable provided these gifts with the intent to influence my vote on business awarded to Gilbane, his employer.”

There is some confusion about whether Quinones will step down from the board immediately. It was not part of her plea agreement. According to deputy district attorney Leon Schorr, trustee Arlie Ricasa had indicated prior to accepting a plea deal that she would step down. Quinones made no such agreement.

Clouding the issue of Quinones’s trustee seat, Judge Espana has recently boiled some corruption felony charges down to misdemeanors — it’s anyone’s guess what will happen April 28 when Quinones is sentenced. (Southwestern College’s vice-president, Nicholas Alioto, for example, plead guilty to a felony, which Espana later reduced to a misdemeanor.)

Sweetwater’s attorney Dan Shinoff was contacted by email regarding Quinones’s trustee seat, however he did not respond by the time this story was filed.

Prohibitive legal costs compelled former Sweetwater trustee Arlie Ricasa and trustee Jim Cartmill to start defense funds.

Ricasa pleaded guilty in December to a misdemeanor. Her largest defense donors were family members. New Image Computers also donated $5000 to her defense.

Cartmill has been charged with wrongful influence, filing a false instrument and accepting a bribe among other things. Through his business Let’s Talk Health, he loaned his defense fund $20,000. Annie Malcolm, wife to David Malcolm, a former port commissioner who was obliged to step down due to conflict of interest charges, donated $5,000 to Cartmill’s defense.

Justice has been meted out for South Bay corruption defendant Gary Cabello in a different way. Cabello worked for several bond underwriting firms and was involved in transactions for both Southwestern College and Sweetwater Union High School District.

On October 28, 2013 he plead guilty to two felony counts.

In addition, on March 18 the Securities and Exchange Commission barred Cabello from association with any broker, dealer, investment adviser and barred him from participating in an penny stock offerings.

No doubt as the April 28 trial date approaches — the remaining defendants will be weighing the price of a plea bargain against the price of a trial.

Chula Vista Elementary teachers once again require loyalty to the Castle Park Family at election time for CVE president

Former Castle Park Elementary teachers Robin Donlan and Peg Myers.

The self-titled Castle Park Family seems to have run Chula Vista Educators for over a decade.


Gina Boyd was the first CVE President who was a member of the Castle Park Family

Since Gina Boyd was CVE president, every person who has held the office has been loyal to the group of teachers who rallied to conceal the illegal actions of teacher Robin Donlan and her power-hungry cohort at Castle Park Elementary from 2000 to 2005.

Once CTA and CVESD make up their minds to cover-up problems, they stick to their guns. Fixing mistakes is not on the agenda. Doing the right thing is not a priority. Protecting themselves and their organizations (in that order) is their goal, even when they have to break the law and violate the contract to do it.

Jim Groth and Peg Myers worked hard to keep the lid on things after Castle Park Elementary teachers went out of control. But when Peg Myers fell into disgrace after a few years as CVE President, apparently due to some type of scam, and clambered clumsily across the bargaining table to work with the district, her followers claimed to be shocked and dismayed that she would do such a thing. I guess they forgot why they were following her in the first place.

Jennefer Porch was president for a while, obediently falling in step behind Jim Groth.

But now teachers have rallied behind Manuel Yvellez, who's major difference with Ms. Porch is that he is livid about teachers being asked to implement Common Core standards.



Mr. Yvellez' CVE election victory was made possible by his PERB complaint about election irregularities. Here is a partial decision from the PERB board that includes a mention of this and other CVE problems, including the bizarre mid-term exit of Peg Myers.

I do applaud Manuel Yvellez for having the courage to challenge the corrupt hierarchy of CTA. But Mr. Yvellez actually boasts of having worked at Stutz Artiano Shinoff & Holtz law firm, which has worked behind the scenes with CTA to conceal events in schools, including Castle Park Elementary, so he can hardly claim to be a breath of fresh air for CVESD.

Interestingly, Mr. Yvellez leaves out the name of Dan Shinoff when he refers to the Stutz law firm, calling it "Stutz Gallagher and Artiano." But Mr. Shinoff was a partner at the firm well before Mr. Yvellez was employed. Mr. Yvellez is correct that Robert Gallagher still allowed the firm to use his name at the time Mr. Yvellez was employed. It would appear that Mr. Yvellez was wise to use Mr. Gallagher's name to recall a better time in the firm's history. But how can Mr. Yvellez distance himself from Dan Shinoff when he is so closely connected to individuals who helped Mr. Shinoff conceal events at Castle Park Elementary?

Isn't there any candidate for CVE president who cares about kids, teachers, the rule of law and transparency in government?

Sweetwater district employee who lost in court files for bankruptcy

The district's consulting firm found no evidence that Bertha Lopez "acted inappropriately." But Bertha Lopez was indicted in December 2011 for other illegal actions at Sweetwater Union High School District. Perhaps Lemons-Shivers allowed herself a small smile when that happened, but it can't have made Dan Shinoff very happy.

Sweetwater district employee who lost in court files for bankruptcy
By Ashly McGlone
SDUT
April 23, 2011

CHULA VISTA — Following a loss in court against the Sweetwater Union High School District and a trustee, district administrator Charlene Lemons-Shivers has filed for bankruptcy.

A 16-year district employee and Del Mar resident, Lemons-Shivers claimed $562,800 in assets and $873,300 in liabilities to 18 creditors, including attorney Dan Shinoff, who represented the district and trustee Bertha Lopez as defendants in the lawsuit.

Shinoff was seeking $21,000 in attorney fees and some $5,000 is owed to Lemon-Shivers’ attorney, Josh Gruenberg, according to the filing.

A judgment in the lawsuit was issued in January in favor of the district and Lopez. Lemons-Shivers filed for Chapter 7 bankruptcy March 19.

While serving as director of alternate education, Lemons-Shivers filed the lawsuit July 8 alleging she suffered retaliation, civil harassment and emotional distress after reporting a subordinate was working unapproved overtime. Lemons-Shivers alleged Lopez was a friend of the employee and retaliated against her by visiting the alternative education department unannounced and asking pointed questions. Lopez said she was doing her job as a board member.

More than $83,000 was spent by the district on the case, with $40,000 spent on a consultant for an investigation and report on the matter. The report, by Puente Consulting, concluded there was no evidence Lopez acted inappropriately or that she knew the employee in question. It also said Lopez asked questions about the alternative education program months before the overtime issue arose.

According to the bankruptcy filing, Lemons-Shivers listed a leased 2008 Mercedez Benz CLK currently worth a reported $21,255 as both an asset and a liability. The monthly payment is $477.

Her largest monthly expenditure is $3,577 for the mortgage on a rental home in Chula Vista valued at $600,000, followed by the cost of her son’s private school.

Her expenditures reportedly exceed her income by $2,000 a month.

She claimed $127,600 in annual earnings in her current post as director of education technology supervising seven people...

Harsh disciplinarian=secret rule breaker?

Have you ever noticed that the teachers who are the most harsh disciplinarians of children, severely punishing minor infractions, are often also the most likely to break rules themselves?

In the teachers lounge at Castle Park Elementary a few years ago I saw the aftermath of a food fight by teachers on the last day of school. It took the custodians a week to clean the sticky soda, whipped cream and other food from the walls, carpets and upholstery. One of the participants in the fight explained to me that "we needed to let off steam." How could this teacher pass the age of forty without discovering some form of stress relief that didn't involve vandalism? And how could she show so much contempt for kids who failed on one occasion to finish their homework (she called them "losers"?

This teacher was a charter member of "The Castle Park Family," five of whose members were administratively transferred out of the school in August 2005. These teachers were not into good behavior, they were into power. They didn't lose their jobs; they were simply transferred to another school. But they themselves had caused a good many excellent teachers and principals to lose their jobs or be transferred out of the school.

The behavior of the Castle Park Family (a group that now has taken over Chula Vista Educators) is bullying, dishonest and disruptive, the sort of that would earn children a trip to the principals office for a lecture on playing well with others.

Not surprisingly, this same type of relationship, in which rule-breakers harshly enforce the rules over those below them, occurs in the relationship between CVESD district administrators and teachers.

The situation is somewhat analogous to the village in the new movie The White Ribbon which just won the grand prize at the Cannes Film Festival. (Is this analogy allowable, Mr. Shinoff? I'll grant you that the children in the movie are the generation that grew up to perpetrate the actions you don't want me to discuss, but surely I'm allowed to discuss the Palme d'Or prize winner without getting sued by your law firm!) Reuters describes the setting for the story: An inhuman, never questioned moral code holds sway, especially over the children who are constantly punished, both physically and psychologically, for the slightest infraction. The women are similarly brutalized and under the thumb of the village's unabashed patriarchy. The male adults, on the other hand, engage in clandestine acts of evil and cruelty that are kept hushed up...One day the order of things begins to unravel.

That last part about hushing up wrongdoing makes the analogy with Castle Park Elementary and CVESD complete.

Castle Park High School loses girls sports case; when will Randy Ward hire lawyers who advise schools to follow the law?

A judge has ruled against Castle Park High School regarding the equality of girls' sports facilities (see story from SDUT below).

Shame on San Diego County Office of Education-Joint Powers Authority and its member school districts for helping schools to ignore the law and, even worse, to engage in retaliation against those who complain about violations of law.

Instead of wasting tax dollars in endless litigation, SDCOE lawyer Daniel Shinoff should have settled this case and many other cases. Even worse is Shinoff's systematic removal of good school employees by helping the school district retaliate against those who complained. The Castle Park High case in Sweetwater Union High School District (see story below) is all too familiar.

The firing of the Castle Park High coach is reminiscent of
1) the Coach James "Ted" Carter case;
2) the Mary Anne Weegar case (also in Sweetwater Union High School District);
3) the Rodger Harnett case.

In another example of unlawful retaliation, SDCOE recently sued this blogger for serving a deposition subpoena on Risk Management Executive Director Diane Crosier.

It's time for SDCOE Superintendent Randy Ward to hire lawyers who will guide schools toward compliance with the law, instead of lawyers who try to help schools get away with wrongdoing. But most importantly, the retaliation has to stop. A judge recently told Mr. Ward that he should conduct investigations of wrongdoing instead of firing whistle-blowers.



Judge rules school shows bias in sports
By Brent Schrotenboer
San Diego Union-Tribune
April 2, 2009

SOUTH BAY — A federal judge has ruled that Castle Park High School has allowed “significant gender-based disparity” in sports at the expense of female athletes.

In a summary judgment this week, U.S. District Court Judge M. James Lorenz ruled that Castle Park is not in compliance with Title IX, the 37-year-old federal law that forbids sex discrimination in any education program or activity receiving federal funds...

The remaining claims will go forward in court, including one that the district retaliated against the plaintiffs by firing their coach after they complained of discrimination.

The plaintiffs showed that while female enrollment at Castle Park was 45 percent to 50 percent since 1998, female participation in athletics was 33 percent to 41 percent during those years...

Over the past 11 years in the county, the Ramona school district, Mesa College and the Grossmont Union High School District have faced similar legal complaints involving Title IX and subpar softball facilities.

Voice of San Diego breaks story of relationship of Stutz lawyers Daniel Shinoff and Jeffery Morris to Diane Crosier of SDCOE-JPA

Photo by Sam Hodgson, Voice of San Diego

What's up with attorneys Dan Shinoff and Diane Crosier at the San Diego County Office of Education JPA? Some interesting shenanigans, it appears. Why has SDCOE Superintendent Randolph "Randy" Ward covered up these problems by refusing to release (to this blogger) public records of billings of Shinoff's firm, Stutz Artiano Shinoff & Holtz?

The Schoolhouse Lawyer Who Helped Hire His Overseer
VOICE OF SAN DIEGO
by Emily Alpert
March 2, 2009

Lawyers from a firm that has received millions of dollars in business from a public agency that handles lawsuits for school districts have, at least twice in recent years, helped it screen potential employees who later oversaw outside attorneys' work.

The Risk Management Joint Powers Authority, a public agency composed of dozens of local school districts and run through the San Diego County Office of Education, has paid the law firm of Stutz, Artiano, Shinoff & Holtz nearly $7 million between July 2002 and July 2008 to handle lawsuits brought against school districts.

Two shareholders in the firm, Daniel Shinoff and Jeffery Morris, have helped screen job applicants for the agency by sitting on the first of two interview panels that candidates undergo before being hired. Such interviewers don't make the final hiring decisions, but they narrow the hiring pool by asking predetermined questions provided by the human resources department and ranking candidates based on their responses.

Including the attorneys in the interview process means that in at least two instances, an employee has owed his or her job, in part, to one of the firms that he or she is hired to monitor.

The practice is among a bevy of complaints lodged in a lawsuit by a former authority employee, Rodger Hartnett, who alleges that the Stutz Artiano firm received a disproportionate share of work "based on personal relationships" in the office rather than merit. Harnett, who was interviewed for his job by a panel that included Shinoff, claims in his wrongful termination suit against the County Office of Education that he was fired because of his complaints about Stutz Artiano...


(Links in the text were added by Maura Larkins.)

CVESD's new board member sounds good to me

The resume of new CVESD board member Douglas Luffborough's sounds terrific to me. I hope that Luffborough will form a new board majority with David Bejarano and Russell Coronado and that the three of them will begin a law-abiding era in Chula Vista Elementary School District.

The best indication of a fresh start would be a decision to fire Pam Smith and Larry Cunningham's unethical lawyer Daniel Shinoff. The taxpayers have paid enough to cover up Pam and Larry's wrongdoing. The three newest board members were not involved in the violations of law that were facilitated by lawyers Mark Bresee and Daniel Shinoff.

Chula Vista school board selects nonprofit director
By Chris Moran
San Diego Union-Tribune Staff Writer
February 4, 2009

CHULA VISTA — Douglas Luffborough III was appointed to the Chula Vista Elementary School District board last night to serve the remaining two years of former trustee Bertha Lopez's term.

Lopez was elected to the Sweetwater Union High School District board in November.

[Don't let the door hit you on the way out, Bertha.]

Luffborough, 39, is the executive director of the Chula Vista-based Turning the Hearts Center, a nonprofit organization that runs programs in leadership, substance abuse, anger management, parenting and work readiness. He lives in Chula Vista with his wife and three children...

Can you spot the applicant without an agenda among the 23 applicants for CVESD board appointment?

[Photo: CVESD board in November 2008]

Is there an applicant on the list below who has the courage to stand up to corrupt CVESD attorney Dan Shinoff and his loyal board members?

Board members Pamela Smith and Larry Cunningham are Mr. Shinoff's longtime champions, and have approved his many illegal actions on their behalf. In fact, Shinoff gets paid to intimidate whistleblowers and anyone else who threatens to reveal the shady side of CVESD.

MiraCosta College trustees got a big sampling of Shinoff's techniques on June 20, 2007 when Mr. Shinoff worked long into the night pressuring unwilling trustees to sign a $1.6 million settlement for his pal President Victoria Richart.

Perhaps Mr. Shinoff wanted to keep Victoria Richart happy so she would remain silent about his role in the $1.5 million investigation $305 worth of stolen palm trees.

The $1.5 million spent on the investigation by Shinoff and Richart, some of which went to Shinoff, was not expended because they and the board were interested in palm trees. The once-enormous collection of palm trees has dwindled severely: the few trees that have not died of neglect are now barely clinging to life. The real reason that Shinoff and Richart spent $1.5 million in taxpayer dollars was to wage war against the MiraCosta faculty and administrators who supported them.

Perhaps Mr. Shinoff simply wanted to reward Ms. Richart for her work. This explanation would be consistent with the theory that Daniel Shinoff uses "The Art of War" by Sun Tzu as his guide in the practice of law. In this theoretical scenario, Mr. Shinoff would have been guided by chapter II, paragraph 16 in Sun Tzu's book: "Now in order to kill the enemy, our men must be roused to anger; that there may be advantage from defeating the enemy, they must have their rewards." If you want loyal soldiers in your war against your enemy (in this case, the enemy was the faculty), you must reward them, right?

Unfortunately, Shinoff and Richart ignored the Sun Tzu's warning: "...if the campaign is protracted, the resources of the State will not be equal to the strain."

But getting back to the choice that Shinoff's pals on the CVESD board will soon be making:

Who is there on the list below who has the desire and the strength to say no to Daniel Shinoff's illegal games? I don't know. It would be nice if such a person would identify himself/herself to Chris Moran at the San Diego Union Tribune. This might cause Pamela Smith and Larry Cunningham to immediately nix the applicant's appointment, but it would put the applicant in a good spot for the next election. At that time such a person might unseat Pamela Smith or Larry Cunningham.


School board gets 23 applications for single vacancy
By Chris Moran
San Diego Union Tribune
January 3, 2009

CHULA VISTA — The Chula Vista Elementary School District has received 23 applications to fill a vacant seat on the five-member school board.

Applicants include a current and a former high school principal, a former district PTA president, the wife of a Chula Vista city councilman and several people who have run for the board in recent years.

Trustee Bertha Lopez vacated her Chula Vista board seat last month after her election to the Sweetwater Union High School District board...

Among the applicants this time are San Ysidro High School Principal Hector Espinoza, former Montgomery High School Principal Mary Anne Stro former teachers union presidents Frank Cherry and Leroy Petty, and former Chula Vista PTA President Carol Green.

Also, Myllissa McCann, wife of Chula Vista Councilman John McCann, has applied, as has Douglas Luffborough, executive director of a social-services agency in Chula Vista.

[UPDATE: Douglas Luffborough was chosen on Feb. 3, 2009.]


The other applicants are:

# Pamela Bauer-Fischer, attorney.

# Jolyn DePriest, former teacher and counselor.

# James Doud, former water district board president.

# Beatrice Fernandez, San Diego Unified School District parent involvement coordinator.

# Mel Lopez, former Chula Vista assistant superintendent.

# Hector Martinez, water district manager.

# Perry Mathes, cardiovascular engineer for General Electric.

# Archie McAllister, substitute teacher.

# David McLellan, former telecommunications company employee.

# Aurora Murillo-Clark, property manager.

# Edalia Olivo-Gomez, environmental specialist for San Diego Gas & Electric Co.

# Christopher Shilling, public safety director for Otay Ranch Town Center.

# Christian Slike, IBM marketing leader.

# Felicia Starr, hospital secretary.

# John Vogel, information systems analyst for the city of San Diego.

# David Wallace, Chula Vista business owner...

CVESD has two bullying programs: the one they talk about, and the one they don't

Chula Vista Elementary School District boasts about its program that solves students conflicts by talking them through.

CVESD has a different program for adults. It involves strict silence. The target of the bully isn't told about secret attacks. She never hears the allegations. No one ever asks for her side of the story. And she is usually one of the best and brightest teachers in the district. At the same time, incompetent and dishonest teachers remain in their positions.

Top district administrators and the school board don't ask what the truth of the matter is. They simply dismiss the victim of the attack from employment. And then their lawyers spend tax dollars to defend the indefensible, instead of paying those tax dollars to the people who should get them: employees and students.

Today is the final day of arguments in San Diego Superior Court in the Danielle Cozaihr case, a case that fits the mold perfectly. Superintendent Lowell Billings testified yesterday, making clear that he makes no personnel decisions himself, and then turning around and saying that he is responsible for the decisions. He sounded like an uninvolved figurehead who thinks he's among the highest paid public employees in the county simply because he goes around being seen (apparently without seeing anything, or at least not remembering what he sees.)

Five years ago, it seemed that Superintendent Libia Gil and Asst. Superintendent Richard Werlin were the problem. They were pushed out, and replaced with new faces.

Now it's clear that Lowell Billings and Tom Cruz, their replacements, are equally incompetent and mean-spirited.

How can this be? CVESD has a board of trustees consisting of five clones of George W. Bush: they all try to stay as ignorant as possible, and they think they are so morally superior that no matter what they do, God will approve.

This may be something that the "Christian" board members haven't thought of, or haven't cared about: they have been given very specific instuctions: "Thou shalt not bear false witness against thy neighbor." This is an admonition that Pamela Smith, Cheryl Cox/David Bejarano, Bertha Lopez, Pat Judd, and Larry Cunningham disobey everytime they pay their lawyers to perpetrate a fraud on the court.

Who are the lawyers who have helped CVESD perpetrate frauds on the court?

They are:
Pamela Dempsey, Esquire
(Cozaihr case, and hiding public records);
Mark Bresee, also of Parham & Rajcic;
and Daniel Shinoff,
Jeffery Morris,
and Kelly Angell Minnehan
of Stutz, Artiano Shinoff & Holtz.