South county SDCOE board members oppose secrecy in suspect dealings

We're lucky to have Jerry Rindone on the San Diego County Office of Education board.
It may not be a coincidence that the only trustee at SDCOE who sees a problem with the recently-exposed shenanigans in the Risk Management department is one of the new board members. Jerry Rindone is concerned about administrator Dan Puplava's having a side business with the same financial institutions that he manages on behalf of SDCOE. The state attorney general says this is prohibited.

Longtime board members John Witt, Sharon Jones, and Susan Hartley have been studiously looking the other way for years, ignoring my public records requests and refusing to investigate complaints about Risk Management executive director Diane Crosier.

I had hoped that Superintendent Randolph Ward would clean things up when he arrived, but it appears that he (literally!) bought into the Risk Management schemes within weeks after he was hired in 2006.

I'd like to think the other new trustee, Mark Anderson, is still contemplating the situation. Perhaps he'll have the courage to speak out against the cronyism in the SDCOE Risk Management department.





Employee-broker issue divides school trustees
Superintendent also was client
By Jeff McDonald
San Diego Union-Tribune
March 23, 2009


Background: The manager of the San Diego County Office of Education deferred compensation program ran a side business that sold investments to teachers and administrators served by the program.

One trustee of the San Diego County Board of Education [Jerry Rindone of Chula Vista] is so concerned about a manager's side business selling financial securities to educators that he requested a review of the situation by the superintendent.

...According to the state Attorney General's Office, public school employees – including those in the county education office – are prohibited from acting as commissioned sales agents for vendors of the educator retirement accounts...

County Superintendent of Schools Randolph Ward, who bought an annuity from [Dan] Puplava weeks after being hired in 2006, did not respond to requests for an interview.

At issue is the deferred-compensation program run by the Fringe Benefits Consortium...Over the years, Puplava and a group of independent financial advisers hosted hundreds of workshops to tell school employees about the program...The newspaper obtained one statement that showed Puplava earned more than $355,000 in commissions in 2006...

Board President Sharon Jones said she and her colleagues are “always concerned” about conflict-of-interest allegations but noted that there is no law against running a personal business while working for a public agency...

[Maura Larkins' note: Sharon Jones seems to be concerned about allegations, but not about wrongdoing. She wants SDCOE to keep its secrets. Jones is my representative on the board, and has ignored all my requests for help obtaining public records. The only board member who has ever been responsive to my requests was Nick Aguilar, the previous south county representative. It's interesting that Aguilar's replacement, Jerry Rindone, is the only board member currently concerned about SDCOE's relationship with insurance companies.]

Trustee John Witt declined to discuss the issue;





Trustee Mark Anderson did not return two messages left at his home.





Trustee Susan Hartley said the county schools office looked into Puplava's dealings and found nothing amiss.

[Maura Larkins' note: Maybe you should have someone from the outside investigate, Ms. Hartley.]

Tom Curtis, a retired university administrator from La Mesa with no ties to the county Board of Education...was so angry after reading the newspaper report that he called the headquarters to complain...

[The SDUT first broke this story last week; Voice of San Diego recently wrote about SDCOE lawyer Daniel Shinoff and his relationship with SDCOE's Risk Management department.]

A plea to YMCA in Chula Vista

YMCA skate park in South Bay, San Diego

Dear YMCA,

DASH & STRETCH - though you may keep the name, you are not keeping the staff that's been trained to do the job.

Let's be honest, to really KEEP DASH and STRETCH, the programs we all know and love, you would need to preserve their award winning curriculum, not change it, and take the entire staff too. No newcomers! Newbies do not have the training they need and they DO NOT have the time to acquire it in just a few months time. It is OUR children that are going to be directly affected by all of this. If you truly committed to "Saving" DASH and STRETCH, then let's get together and raise some money!

How can you say it will be the same when you don't even have the staff required to run what DASH and STRETCH were designed to do? I LOVE THE YMCA, but our school NEEDS both programs as they each serve VERY different needs.

Planning and preparing is fine and great. Your wanting to expand to more sites, fantastic! Ask yourself this, are you able to provide a 'seamless transfer'...? No, it's just not possible with new staff, little time, and little training.

If the school board is so set on giving DASH and STRETCH to they 'Y', then here is my proposal. Help us raise $450,000 to pay what the city cannot afford.

This will keep DASH and STRETCH running exactly the same WITHOUT interrupting our children's progress. Then take that entire school year to staff yourselves and to properly train your staff. THAT is doing what is in the best interest of our children and it is very doable.

I have a strong group of parents who are willing to help!

Elisa Betancourt
Parents For Enrichment Programs

http://sites.google.com/site/parentsforenrichmentprograms

Salt Creek Elementary Camp Out by Parents

Dozens Line Up Early For Kindergarten Sign-Up
March 4, 2009
10 News

CHULA VISTA, Calif. -- Dozens of people stood in line late Tuesday night and into Wednesday morning not to get a deal on a TV or to buy concert tickets.

They lined up to enroll their children in kindergarten.

Moby Tores was one of several other people who camped out at Salt Creek Elementary School in Chula Vista.

"It's the most insane thing," said Tores.

Rob, another fellow camper, told 10News, "Oh, I'm just waiting for the morning to come."

On Wednesday morning, those lined up can register their five-year-old children for kindergarten. Space is limited and these die-hard parents want the best for their kids.

So they waited -- for hours.

Most people would think these parents are insane but when the sun comes up these guys say it will be worth the wait.

A Spanish Immersion kindergarten is the class many of the parents want for their kids. In the class, young students will learn all their lessons in Spanish.

Tores said, "I think living in this community, having both languages, English and Spanish, is very important."

It is important enough for these parents to wait in line for 10 hours to guarantee a spot for their little ones.

Also up for grabs are morning sessions and afternoon sessions.

Anthony Millican of the Chula Vista Elementary School District said, "That kind of commitment and engagement in their children's lives is to be encouraged."

Enrollment is first come-first served, and if all slots are filled a student might have to go to another school.

That won't be an issue for Tores, who was third in line.

"With this program, my daughter is getting a head start," said Tores.

It is a head start that began well before the sun came up.

District officials said they have not had to bump any kindergarteners from Salt Creek to another school due to high demand in a couple of years.

Will YMCA get rid of the Dash and Stretch staff?

Dear YMCA,

DASH & STRETCH - though you may keep the name, you are not keeping the staff that's been trained to do the job.

Let's be honest, to really KEEP DASH and STRETCH, the programs we all know and love, you would need to perserve their award winning curriculum, not change it, and take the entire staff too. No newcomers! Newbies do not have the training they need and they DO NOT have the time to acquire it in just a few months time. It is OUR children that are going to be directly affected by all of this. If you truly committed to "Saving" DASH and STRETCH, then let's get together and raise some money!

How can you say it will be the same when you don't even have the staff required to run what DASH and STRETCH were designed to do? I LOVE THE YMCA, but our school NEEDS both programs as they each serve VERY different needs.

Planning and preparing is fine and great. Your wanting to expand to more sites, fantastic! Ask yourself this, are you able to provide a 'seamless transfer'...? No, it's just not possible with new staff, little time, and little training.

If the school board is so set on giving DASH and STRETCH to they 'Y', then here is my proposal. Help us raise $450,000 to pay what the city cannot afford.

This will keep DASH and STRETCH running exactly the same WITHOUT interrupting our childrens progress. Then take that entire school year to staff yourselves and to properly train your staff. THAT is doing what is in the best interest of our children and it is very doable.

I have a strong group of parents who are willing to help!

Elisa Betancourt
Parents For Enrichment Programs

http://sites.google.com/site/parentsforenrichmentprograms

CVESD and DASH and STRETCH program

Subject: The superintendent letter
Date: Thu, 12 Mar 2009 17:22:21

We, the parents of children presently enrolled at Dash and Stretch strongly agree with the CVESD motto: "Each child is an individual of great worth." With that in mind and the fact that indeed each child has his/her own needs, we have decided over the years to send our children to Dash and/or Stretch.

While there are many other worthwhile programs available in Chula Vista, Dash and Stretch fulfilled the specific needs of our children over and above expectations.
We are thankful to the South Bay Y to be willing to take over the Dash and Stretch programs and provide the necessary funds the city is unable to provide at this time in addition to the $1.65 million that the school district previously provided and will transfer to the Y.

However, while the Y runs excellent programs that fit the needs of many other families and their children, we the parents of children in DASH and STRETCH want to make sure that these programs are preserved in their present forms. The only way we can ensure that these excellent programs, which brought results beyond expectations in our children, can be carried on in the same manner is with the present staff and training which brought those results.

Since the roughly 2/3 of the cost of the program is borne by the CVSD, it would not be unheard of, or asking too much for the CVESD to demand that with the transferring of these funds the program be kept exactly as is, including all the present staff as well as the continuation of the present, (continuously improved and updated) training program which has been proven to be so effective over the years. Not only parents but faculty members and administrators can attest to this.

Thank you for your concern and willingness to do everything possible to ultimately resolve this situation so that our children will continue to be taken care of in a way that is best for them.

Dash and Stretch Parents:

Castle Park Elementary has been a big topic in the comments section of SD Education Report

Here is a recent post from San Diego Education Report. But the best part is the discussion in the comments section.


"Randolph "Randy" Ward and Diane Crosier are using public funds to advance Dan Shinoff's private lawsuit against this blogger"


A sampling of comments:

1. Anonymous said...

I know Maura. She went to San Diego High School in the 60s. She was the kind of girl who always got invited to the science fair, but never got invited to the prom. I don't remember talking to her. I just remember she was pretty quiet, the nut-genius type. Glasses. Long hair and sandals before the hippies, and very serious. I remember some girls followed her one day when she got off the bus, and it turned out she was stopping at a Catholic Church on the way home. Those were the days. Anyone could walk into a Catholic Church, 24/7. It was just like the Middle Ages, when all a hunted man had to do was get inside the railing in front of the altar, and suddenly he was safe from any bloodthirsty band that might be chasing him. No one would kill a man in the sanctuary of a church. Now it seems to be one of the favorite places to kill people.

But back to Maura. She must have been lonely, but what do you say to someone like that? She didn't know how to talk. Zero conversation skills. She talked to the few friends she had, but that's different. There's social skills, and then there's talking to your friends. Friends don't care if you say the right thing.

I remember she was a year younger than the rest of the class. Someone told me that when we were talking about her, as if that explained why she didn't fit in. Maybe it was part of it.

It seems pretty weird that SDCOE is suing her for harassment. That sure doesn't sound like Maura.

12:05 AM





2. Anonymous said...

Well she's not very quiet anymore. It's about time the authorities stepped in and shut down this cuckoo blog.

10:57 AM





3. Anonymous said...

I have experience with school attorneys, and I'm not saying they're all paragons of virtue, but I'm beginning to think that most of them are more decent than Daniel Shinoff and Diane Crosier.

11:28 AM




4. Anonymous said...

I will stongly support anyone who can put a stop to the accusations this woman tosses about. She needs psych meds and professional help. She will never stop, it will only get worse. Anyone who visits her sites can see that her thought processes are scattered, and borderline psychotic!

12:13 PM






5. Blogger Maura Larkins said...

If I were willing to keep my mouth shut about relatively mild wrongdoing, when the retaliation against me is probably going to be limited to the courtroom, what chance is there that I would have the courage to speak out if public officials began to engage in truly serious wrongdoing? To those who want me to be silent: should the citizens of Germany also have kept their mouths shut in the 1930s and '40s? It seems that you are afraid that the truth will come out. If I'm wrong, what do you have to fear? Come forward and address the issues. Prove me wrong. Let's have a public debate. Don't try to crush free speech; take part in the process!

12:20 PM





6. Blogger Maura Larkins said...

To Anonymous Commenter #4: Yes, I do need help. I need you to help me understand what you are talking about. Can you give me an example of a "borderline psychotic" statement I've made? Just one example? From the safety of your anonymity you should be able to do that.

12:43 PM





7. Anonymous said...

Those who disagree should prove her wrong with facts. If what she has written is slanderous than prove her wrong with facts.

To accuse someone of being psychotic is an old trick played out by school officials.

Here is the chance to prove her wrong. Lets find facts that prove her wrong and post them on her own website.

1:31 PM






9. Anonymous said...

One example and only one...you stated that Kelly Dupuis from the Star news stated a "parent" comented on the mexican parents. That comment was made by the then principal Ollie Matos. This comment was one of many the lead to his removal from Castle Park. You were wrong.

2:21 PM




10. Blogger Maura Larkins said...

Thank you for the example. Now we can look at the evidence. I just now looked up the September 10, 2004 issue of the Chula Vista Star-News, and found that reporter Kelly Dupuis quoted parent Felicia Starr as saying, "They [ELAC parents] really are involved with the school, and it would be nice to have them on there [the PTA], but not in an antagonistic way." For those who don't know what ELAC means, it's "English Language Acquisition Committee."

Here is the article.

It looks like I was right. Clearly, you were wrong. If we follow your logic, this would mean you are borderline psychotic, and should get medication and professional help. But this logic of yours is wrong; people can make a mistake without being crazy. Perhaps you have a better example of my scattered thought processes?

3:56 PM



11. Anonymous said...

So where does it say "Mexican parents"? And it was from an ELAC meeting in which the parents were very offended by what he said about them.

7:20 PM





12. Blogger Maura Larkins said...

Dear Anonymous:

The ELAC parents were Mexican, as you well know. Ollie Matos got along great with them. They were upset when "the Castle Park Family" got rid of Mr. Matos. The Mexican parents were also upset by the accusations of Felicia Starr in the Star-News article.

Felicia Starr accused the Mexican parents of printing illegal PTA ballots and hiding them. The parents thought they were allowed to nominate someone to the PTA board, and they weren't being sneaky about it. That's why Felicia Starr saw them at the copy machine--they were not hiding anything.

But perhaps Felicia Starr did the Mexican parents a favor by keeping them off the PTA board. Before the school year was out, $20,000 had been embezzled from the PTA. Kim Simmons, who was elected PTA president with Felicia Starr's help, was arrested for that crime. It certainly puts the accusations of Felicia Starr and Kimberlee Simmons into a fresh light, doesn't it?

Now there is no PTA at Castle Park Elementary. It seems that Kimberlee Simmons had a lot of enablers, including yourself, perhaps, but there is one group that can be completely ruled out as responsible: the Mexican parents.

9:06 PM





13. Blogger Maura Larkins said...

P.S. to Anonymous:

I am intrigued by your reference to an ELAC meeting. Can you tell me more about this meeting? I could do some research into the matter if you would give me more information. What was said that caused offense?

Are you claiming that I made a statement on my website about this ELAC meeting? What do you claim my statement was? Perhaps we could do a search of my website to see if its there.

9:17 PM



14. Anonymous said...

Just because a person is Latino or Hispanic does not make it ok to use the term "Mexican parent" for you to use it to describe the ELAC is disrespecful. Mr. Matos was the ONLY person who used that terminology. Till now, you keep referring to it. My point was no one used the WORD Mexican parent in those articles.

6:55 AM





15. Anonymous said...

There is nothing wrong with using the term “Mexican parent” and absolutely nothing disrespectful. Gee Wizz! What type of comment is this? This is crazy this comment takes me back 70 years. This is precisely what is wrong in San Diego most of the population is undereducated and misinformed. To suggest that a website should be taken down because someone used the word, “MEXICAN PARENT.” It is totally ludicrous and not surprising. It appears to be the same mentality of this judge, SDCOE and the Stutz law firm...






16. Blogger Maura Larkins said...

Dear commenter who thinks "Mexican parents" is a slur:

Clearly, the word "parent" is not a slur, right? So you think "Mexican" is a slur. Why would someone's ethnicity be a slur? But perhaps you don't think "English parents" or "Swedish parents" is a slur. So why would "Mexican parents" be a slur?


Perhaps you are not aware that Mexico was a cultured and wealthy capital of a great empire when the United States was a collection of log cabins. Fortunes come and go in this world, for countries as well as for individuals.

I suspect that you have spent your life in an environment in which "Mexican" was considered a slur. [Above portrait: Mexican Sor Juana de la Cruz]


You're not originally from California, are you? Of course, there are some native Californians who also think that way. Your type of thinking was well-represented among the staff at Castle Park Elementary in Chula Vista.

Do you know that you are making the same argument that Steve Carell (left), the clueless boss in "The Office" TV series, made?





In one episode, the doofus boss asked a Mexican employee (Oscar Nunez, left) what he wanted to be called instead of "Mexican." The employee said that it was fine to call him Mexican. Steve Carell continued to insist that "Mexican" was a slur. Isn't that exactly what you are doing?

10:47 AM








17. Anonymous said...

The parents Matos referred to were insulted by the comment, they expressed this to the district. If a person is offended by a particular comment, one should take care not to use it. And my point was...the WORDS "Mexican parents" were not in the article shown. And you had to turn it into a debate...figures

5:35 PM



18. Blogger Maura Larkins said...

I know several of the parents who were members of ELAC, and they all loved Mr. Matos. I suspect that the parents you are talking about were not regular members of ELAC, and were encouraged by Felicia Starr and Kim Simmons to go to an ELAC meeting and find something to complain about. Was Norma G. one of the parents who complained? The complaint is beyond bizarre. I can imagine what the district thought. Most Mexicans are proud to be Mexican, and don't consider "Mexican" to be a slur.

6:44 PM


Mexican Frida Kahlo






19. Maura Larkins said...

Dear Anonymous:

Now I'm curious. What term should I use to refer to Mexicans, if, as you claim, the word "Mexican" is offensive?

7:13 PM



20. Maura Larkins said...

In my bilingual class, 100% of my students were Mexican. In my twenty-plus years of teaching in Chula Vista I had one Puerto Rican student and one Spaniard, but I believe that all the ELAC parents at Castle Park Elementary were Mexican. Do you know of a non-Mexican Hispanic parent at Castle Park Elementary who made a complaint to the district? I suspect you don't, but if you do, the problem could have been solved by the parent simply raising his or her hand and saying, "I'm Guatemalan (or Cuban or some other nationality)." Who would go to the district to complain about something like that? Only someone who had a separate agenda.

11:30 AM

The teachers union doesn't want to hear from parents

Teachers Union Calls to Remove Budget Survey
VOICE OF SAN DIEGO
EMILY ALPERT
March 3, 2009

The teachers union is pushing to discontinue a budget survey posted on the San Diego Unified website, contending that "the true purpose of the District's survey is to pit parents against educators."

The survey, posted last week, asks parents, community members and employees who are not represented by unions to rate different proposed cuts as options to "strongly consider," "consider if necessary," or "never consider." The website states that it isn't directed to employees who are represented by "employee labor organizations," which excludes almost everyone except for the top managers in the school district.

An e-mail alert sent Monday by the teachers union argues that most of the issues in the survey are so intertwined with the bargaining process that it is inappropriate to consider them outside of the bargaining table. "The survey is laced with issues that are mandatory subjects of bargaining," it states.

It also contends that the survey is a way for San Diego Unified to dodge its own responsibility for financial problems, which it attributes to "top-heavy administration, lack of planning, and excessive spending on testing, consultants, and other non-instructional items." The union wants the survey to be removed from the website entirely.

Salon.com asks if it's time to make public schools better

Teach your children well
Families are struggling to afford private school tuition. Isn't it time to talk about making public schools better?
by Sarah Hepola
2009-03-02

Do education attorneys get paid for protecting bad employees for political reasons?

After teaching for over two decades, I finally began to learn, over the past eight years, about what goes on between school officials and their lawyers in San Diego. The lawyers, who are motivated to bring in business for insurance companies, have enormous power over school district decisions. Insurance companies don't get business if problems are prevented, or are solved without litigation. (Also, the companies will not be able to raise premiums if the schools don't get involved in litigation.) Until now, no newspaper in San Diego would touch the story. On March 2, 2009, however, the story began to come out in the nationally famous Internet newspaper Voice of San Diego. It's called "The Schoolhouse Lawyer Who Helped Hire His Overseer," and features Stutz Artiano Shinoff & Holtz lawyers Daniel Shinoff and Jeffery Morris, and their former associate Diane Crosier, who runs the public entity insurance authority San Diego County Office of Education Joint Powers Authority (SDCOE-JPA).
-- Maura Larkins
March 3, 2009 02:16 PM PST

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.)

Who blanked my San Diego Education Report Blog?

Peg Myers is facing an election in May as President of Chula Vista Educators.







I woke up this morning and found all the posts missing from my San Diego Education Report Blog.

Who could have done it?

My prime suspect is the last person who visited my most recent post. This person visited at 12:21 a.m. Interestingly, this person was using the same computer as the anonymous person who posted this comment just a few days ago:

Anonymous said...

Thank goodness for the perseverance of the attorneys in Shinoff's firm...some day this crazy nonsensical web site will come down!

The post on my blog that apparently triggered the erasure of my blog was about the deposition of Chula Vista Educators president Peg Myers.

A witness told me that Peg Myers used the word "crazy" to refer to me. Putting all the information together, I am suspecting Peg Myers, who is facing an election in May if she is to continue as President of Chula Vista Educators. It's perfectly understandable that Myers wouldn't want her deposition to be exposed during a campaign.

I also know that California Teachers Association protects sitting presidents of CTA locals, and that CTA information has previously disappeared from my website.

This is the information I have about the anonymous visitor:

IP Address
72.220.30.144
Cox Communications
United States
California
Chula Vista
Time of Visit Mar 1 2009 12:21:31 am
Visit Length 10 minutes 6 seconds
Page Views 2
Out Click SAN DIEGO EDUCATION REPORT WEBSITE
Time Zone UTC-8:00

Four out of five CVESD board members think Doug Luffborough is the man for the job

Photo: New CVESD board member Doug Luffborough

FEB. 18, 2009 UPDATE: Well, I guessed wrong on this one. I felt pretty confident that it must have been Larry Cunningham who voted against Doug Luffborough (see post below), but it turns out it was David Bejarano.

I guess I now have to admit the obvious: I don't know why board members made the decisions they made. I like both David Bejarano and Doug Luffborough, and I trust they will work together well. And it was silly of me to think that Larry Cunningham would ever have the courage to vote against the board majority; it's not how he does business.





ORIGINAL POST:

Reading between the lines here, I'm thinking that Larry Cunningham is the one who voted against the new board member. Poor Larry. He's really missing Pat Judd, who lost both his board seat and his job last year, and who seems to be applying for a job in every school district in southern California. "Pat Judd" is by far the most frequent search term that leads visitors to my site. I suppose Larry also misses Bertha Lopez, and the old Pamela Smith, the one who voted like an obedient right-winger.


Nonprofit director appointed to Chula Vista school board
By Pablo Jaime Sáinz
February 6, 2009
La Prensa

The executive director of a non-profit social services agency has been appointed as the new member of the Chula Vista Elementary School District this week.

Douglas Luffborough III will serve the remaining two years of former board member Bertha Lopez’s term. Lopez was elected to the Sweetwater Union High School District board in November...

The district school board voted 3 to 1 to appoint Luffborough at a special meeting on Tuesday, Feb. 3, after a process where community input was taken into account and after receiving 23 applications for the position...

During his interview and presentation to the board, Luffborough said that he was the best candidate for the job because he has a very special reason to become a board member: His daughter, who is a student at a school in the district.

“She is the first reason why I decided to apply for this seat,” he said. “I want her and all the children in the district to have the best education possible.”

That commitment and passion for his own children’s education is what impressed board member Russell Coronado and led him to vote for Luffborough for the position.

“As a parent myself, I saw that Douglas had the passion needed for this job,” Coronado said. “It’s not only about having the professional experience and the right credentials, it’s about having the love for our kids.”

Days earlier, Coronado said he sent out a massive e-mail to members of the community asking them for their input regarding the school board appointment. He said that having children in the district was one of the factors community members sought in the candidate.

“Since a special election is not being considered, community input at this stage is vital,” read Coronado’s e-mail. “ I believe that it is imperative that we gather as much information prior to the selection of this very important position....I would also encourage you to attend the February 3rd meeting. Along with your input and with collaboration, I believe that we will be able to make a decision that is open, honest and right for our school district and community.”

Board President Pamela Smith said that it was a difficult decision appointing just one person from the seven final candidates.

The other finalists were Pamela Bauer-Fischer, a lawyer; Hector Espinoza, a school administrator; Beatrice Fernandez, a resource teacher and parent coordinator; Carol Green, an instructional assistant; Mary Anne Stro, an educational consultant; and David Wallace, a business owner...

Luffborough said that he had a rough time growing up.

He said he was homeless during his senior year in high school, that his father was absent from his early life, and that his family struggled financially...

Will the court quash my deposition subpoenas of CVESD officials?

I just checked online to see the Tentative Rulings on CVESD's motion to quash my deposition subpoenas of Tom Cruz and Susan Fahle (in photo at left), and found that the court has continued the motion for two weeks.

This means I don't have to put my suit on tomorrow morning and go down to the courthouse, which is a relief, even though I always enjoy visiting downtown San Diego and the stately Hall of Justice. It's just that I've got a lot going on right now.

Also, my motion to compel the deposition of attorney Daniel Shinoff will have to wait two weeks, as will the Motion for Summary Judgment filed by Stutz law firm.

Dan Forster, Cheryl Cox's chief of staff, leaves earlier than planned

Dan Puplava posts are HERE.


Awaiting job cut, mayor's top aide returns to Alaska
By Tanya Sierra
February 3, 2009
CHULA VISTA

Mayor Cheryl Cox's chief of staff quietly quit late last month, two months after council members questioned his consulting work for his previous employer and after voting to eliminate his position to cut costs.

Dan Forster, who was the mayor's chief of staff since December 2006, is taking a job with the North Slope Borough – the government agency in Alaska where he worked before coming to Chula Vista...

Last year City Council members questioned whether Forster should have been performing consulting work from his City Hall office. He billed for some of the work and he said some was a professional courtesy to another government agency.
Records show he sent and received e-mails related to his consulting from his city office. When details became public, Cox defended Forster's consulting work, saying he was a good employee who was always there when she needed him.

In January, the council voted to eliminate Forster's position to cut costs, and he was expected to stay through the end of June. His last day was Jan. 23.

“I told the mayor back in October that I had to be actively looking for new employment,” Forster said. “If I would have needed to go through June, then funding would have been there for me.”

His new position is similar to his last position in Alaska – deputy director of planning.

“It's a great place to work,” Forster said. “I like the work, and I like the people.”

Cox did not return a call yesterday seeking comment...

[Comment]

justthefactsmam
February 3, 2009
U/T article: "Cox did not return a call yesterday seeking comment."
Smart move. After the quoted "bizarre" letter to the Chargers, Cheryl Cox has FINALLY learned an aged old political addage: Better to keep your mouth shut and be thought the fool, then to open it and remove all doubt."

David Bejarano for San Diego Sheriff

Labor Loves Bejarano?
Posted by: Rorschach
02/02/2009

...The topic of the Sheriff's race came up. It comes as no surprise that David Bejarano, former San Diego police chief and US Marshall, is running. He has wanted this post for some time.


What might come as a surprise to some, but not those who know Bejarano personally or professionally, is that he is actively courting labor and the left. The last time I checked (and I do check these things) Bejarano is a Republican. Now that can change at a moments notice, but remember there were about two weeks in '07 when Bejarano was the AD78 candidate for the GOP.


My friend said that Bejarano had what was described as a 'very good meeting' with the labor bosses, which included former San Diego-Imperial County Secretary Treasurer Jerry Butkiewicz...

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...

Former director Arthur Lopez sues Southwestern College

Ex-official at college files suit to return
By Chris Moran
San Diego Union-Tribune
January 31, 2009

CHULA VISTA — A Southwestern College administrator who resigned last year amid allegations of sexual harassment has filed a lawsuit against the college to get his job back.

Arthur Lopez resigned in June as director of financial aid.

A student services assistant claimed in a complaint to the state Department of Fair Employment and Housing that she had sex with Lopez to keep her job. Martha Jimenez alleges that Lopez would tell her during their sexual encounters to remember who got her the job and that she soon faced a performance evaluation.

Jimenez filed a lawsuit against the college, Lopez and two other administrators last summer.

Lopez's attorney said at the time that the allegations were false.

Lopez, who filed his lawsuit last month, seeks to be reinstated to his job, with its annual salary of $118,704. He also seeks an unspecified amount for damages.

The most recent lawsuit paints a different picture of the relationship between Lopez and Jimenez. It describes their eight-month relationship as consensual.

In 2007, a year and a half after the relationship ended, the college launched two investigations – one to determine whether Jimenez had received favorable treatment as a result of the relationship, and another to determine whether she had been sexually harassed.

Both investigations cleared Lopez, according to his lawsuit. The college would not comment on the suit.

Last April, college President Raj Chopra sent Lopez a letter informing him that he was being placed on administrative leave and being recommended for termination, according to the suit. The letter was sent a week after the college's governing board renewed Lopez's contract for the 2008-09 academic year.

Peaker Power Plant: score: People: 1, Cheryl Cox: 0

Commission against expansion of Chula Vista power plant
By Tanya Sierra
San Diego Union-Tribune Staff Writer
January 23, 2009

A proposal to expand a power plant in a southwest Chula Vista neighborhood should be denied, according to a preliminary California Energy Commission recommendation released Friday.

The energy commission committee reviewing the expansion said the power plant conflicts with the city's general plan and zoning rules.

MMC Energy Inc., provides emergency power for the regional electricity system and is proposing the expansion at the site, which is behind a carwash and junkyard near Albany Avenue and Main Street. It's about 1,300 feet from an elementary school and 350 feet from homes.

“The record does not contain sufficient evidence to show that placing the project at the proposed location cannot be avoided,” the committee said in a written statement.

Harry Scarborough, a vice president with MMC Energy Inc., did not return a call seeking comment.

Although the decision isn't final until the full commission votes in March, residents opposed to the expansion consider it a victory.

“We're all very excited,” said Hugo Ivan Salazar of Communities Taking Action.

Residents and community activists have opposed expanding the current 44 megawatt facility to 100 megawatts because they believe it would be a health risk for those who live near it.

In August 2007, MMC applied for state permission to demolish its 8-year-old plant, which it wants to replace with a larger one on the same site. The plant, known as a “peaker plant,” provides power when the electricity grid is overloaded during peak use periods.


The peaker plant expansion has been a volatile issue. At nearly every City Council meeting, residents criticized Mayor Cheryl Cox for not opposing it.

[See pictures from one such protest.]

Council members Rudy Ramirez and Pamela Bensoussan oppose the expansion. Councilmen Steve Castaneda and John McCann have not taken a position.

Friday Cox said it is time to move on and that the city would work with MMC on finding a new location for the plant...

The plan to tear down the South Bay Power Plant on the Chula Vista bayfront could be delayed if other energy sources – including the peaker plant – don't come online. City officials have long wanted the plant gone from that site, where the San Diego Chargers are now considering building a new stadium.

Chula Vista had been counting on the MMC peaker plant expansion, approval of the Sunrise Powerlink and the Calpine baseload plant.

Before the California Energy Commission votes in March, there is a 30-day public comment period and a public meeting at Chula Vista City Hall scheduled for 4 p.m. Feb. 23.

Danielle Cozaihr v. CVESD case ends by stipulation

It appears that Danielle Cozaihr has completed her long, hard battle for justice from Chula Vista Elementary School District. In December 2007 Cozaihr won a million dollar verdict against CVESD. Soon after, Daniel Shinoff took over the case. CVESD appealed. The case was then passed to Shinoff's partner Jack Sleeth. No opening brief was ever filed on behalf of CVESD. It appears that CVESD must have decided to either pay the verdict or to settle for some other amount.

04/08/2008 Notice of appeal lodged April 2, 2008 by CVESD
12/05/2008 Dismissal order filed. Upon written stipulation filed by the parties to the appeal, the appeal is DISMISSED.

CVPD won't reveal its rules about carotid restraint of people who are having a pool party

The SDUT corrected the story below on January 6, 2009: "A story in Saturday's Our Region section about legal action brought by Justin Ladou against the city of Chula Vista incorrectly reported that police Officer Curtis Chancellor testified he used a chokehold on Ladou. In fact, Chancellor testified that he used a carotid restraint. A chokehold puts pressure on the windpipe, thereby blocking airflow. A carotid restraint puts pressure on the carotid artery, blocking blood flow to the brain."



Man arrested at July party seeks justice
By Tanya Sierra
San Diego Union-Tribune
January 3, 2009

...A lawyer for 34-year-old Justin Ladou filed a $5 million claim against the city Monday, accusing the officer of violating Ladou's civil rights.

...[Police officer Curtis] Chancellor testified that he pulled Ladou by the arm, then used a choke hold on him, breaking his own thumb in the process. Ladou then fell unconscious, he said.

[Blogger's note: The officer broke his own thumb? He must have been REALLY riled up.]

...The District Attorney's Office later dropped the charges against Ladou.

The civil rights claim alleges...Chancellor entered private property to arrest Ladou for being drunk in public...

[Ladou's lawyer Richard] DeSaulles also alleges the city was negligent when it hired Chancellor, a former Southwestern College police officer, because he has a history of stalking, according to a 2003 Superior Court case in which a former girlfriend requested a restraining order...

In a Dec. 4 letter to deSaulles, Chula Vista Deputy City Attorney Chance Hawkins said the documents were redacted because the public's right to the information doesn't outweigh police confidentiality...

“I think most people would agree that if the Police Department believes it's lawful to put a potentially lethal strangulation tool to use, then everyone should know what the rules are,” [Attorney Terry Francke, of the public-access advocacy group Californians Aware] said. “...when do the police get to choke you because you're sassing them back?”

When Ladou was choked, he was recovering from a recent surgery, deSaulles said. In addition, police took no measures to make sure Ladou's children, 8 and 12, were in proper care after he was arrested. A neighbor took them in.

...Chula Vista police officers have been accused before of using excessive force. In July, the city agreed to pay $400,000 to settle a federal lawsuit stemming from a 2006 case in which police beat Christian Morales, who was a high school student at the time. Morales claimed police mistook him for a trailer thief and beat him unconscious in front of his home.

[Blogger's note: I also had a difficult time getting documents from the CVPD. When current mayor Cheryl Cox was on the CVESD board, she and her fellow board members benefited from some helpful inaction by the CVPD.]

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 gets the fire department to back off

NBC News San Diego
Students in Danger?
December 20, 2008

I knew that Chula Vista Elementary School District was able to get the Star-News, Union Tribune, and the Police Department to neglect investigations of problems in schools, but I was still surprised to learn that the school district was able to get the fire department to back off.

New CVESD board holds its first meeting

At CVESD's Organizational Meeting of December 9, 2008, the following Board of Education Officers were elected:

President - Pamela B. Smith
Vice President - David Bejarano
Clerk - Russell Y. Coronado
Member - Larry Cunningham
Member - Vacant
Secretary - Lowell J. Billings, Ed.D.

Come back to fight the good fight, Jimmy Groth, Jimmy Groth

Jim Groth is the former CVESD teacher who went from president of Chula Vista Educators to the state board of directors for California Teachers Association. Jim is also currently on the board of directors for CVE.

Jim seems to have quit writing his monthly column for San Diego Education Association; no new columns have appeared during the past nine months. Here's his last post (March 2008).

Jim has, fortunately, left us with some wise words that we would do well to take to heart:

1. "Solutions used since 2001 will no longer work."

[I'm wondering if perhaps Jim took his own advice, and he's off trying to figure out a new approach to his job as a union official. The approach he came up with in 2001, and stuck with for the last seven-and-a-half years, has not worked particularly well.]

2. "Together we must educate the public about.. the need for leadership to find a better way."

[I'm 100% behind you on this one, Jim. I hope my website has helped let the public know that leadership--in Sacramento and Burlingame (headquarters of CTA)--has shortchanged the public in a catastrophic way, and needs to start looking for a better way. Have you made any progress, Jim?]

Cheryl Cox should resign or be recalled; she has brought corruption, not character, to the Chula Vista mayor's office

In 2006 Cheryl Cox told the voters that she was the candidate with more "character." That gambit was a hoax.

Cheryl Cox's character has been revealed to be cynical and corrupt. Not only is Cheryl dishonest and secretive, but she abuses her power. And worst of all, she happily watches as the District Attorney's office abuses its power on her behalf.

District Attorney Bonnie Dumanis' office investigated and prosecuted a young man for taking two hours off when he worked for mayor Steve Padilla. Why? Because Cheryl Cox supporters were outraged that the young man used the time to try to get a photo of Cheryl Cox with disgraced politico David Malcolm. Dumanis topped off her gift to Cox cronies (including San Diego County Supervisor Greg Cox, Cheryl's husband) by prosecuting another Cox opponent, Steve Castaneda. That political prosecution ended with the vindication of the victim.

Below is a story about Cheryl Cox and her chief of staff, Dan Forster. Forster should go now, not in June, and Cheryl Cox should go with him.

Mayor's top aide got pay for other job on city time
By Tanya Sierra
SAN DIEGO UNION-TRIBUNE STAFF WRITER
December 12, 2008

Mayor Cheryl Cox's chief of staff was paid at least $25,000 as a consultant for his previous employer, with some of that work done on city time, according to documents released this week.

Dan Forster, who has worked for Cox since December 2006, said last month that he made $10,000 plus expenses for his consulting work for the North Slope Borough, a government agency he once worked for in Alaska...

North Slope Borough records show that officials agreed to pay Forster up to $27,030 between September 2007 and August 2008...Forster said Wednesday that he might have underestimated how much he was paid when asked about the work last month.
Invoices show that Forster has so far been paid $24,957, about $2,000 shy of his $27,030 contract maximum...

It is unclear how much of the work was done on city of Chula Vista time, but numerous e-mails – many with lengthy attachments – were sent to and from Forster's city e-mail account during his regular work hours at City Hall.

Last month, Forster said he did very little consultant work on city time. Cox said she gave Forster permission to consult during work hours because he was a good employee with an excellent record of being available when needed.

[This attitude is a complete contradiction of Cox's attitude toward city manager David Garcia. Being available when needed was not an acceptable defense in Cheryl's opinion just one month ago.]

The city's Internet and e-mail policy, however, prohibits employees from operating a business through the city's Internet link.

[Cheryl made it clear when she was a Chula Vista Elementary School board member that she didn't think policies applied to her.]

...This week, Cox proposed eliminating Forster's position because the city is struggling with a projected $20 million budget deficit next year...

Forster, who makes $124,000 a year at the city, said the idea was his and that Cox initially objected...

[Mr. Forster's idea is a clever one. Why did Cox object to it? Because Cox is not a gifted problem solver, nor does she believe in doing the right thing.]

If his position is eliminated, Forster would stay through the end of June, when this fiscal year ends.

[Nice try, Mr. Forster, but not quite good enough. You should leave now, and take Cheryl Cox with you. And you should both be grateful that San Diego has a District Attorney who protects corrupt public officials.]

Why I've delayed writing about Cheryl Cox's support for Dan Forster

I think I'm suffering from Cheryl Cox fatigue. No matter how many times Cheryl Cox behaves as if the rules don't apply to her, I still get taken by surprise. When will we get a rest?

Chula Vista mayor Cheryl Cox's "character" campaign caused a young man in the previous Chula Vista mayor's administration to be charged with five felonies for taking two hours off of work without filing a leave slip before he left the office.

And very recently she helped fire city manager David Garcia for perusing the Pamela Anderson webpage during work hours.

I understand that Cheryl Cox is corrupt. I just don't understand why she doesn't try harder to pretend she's not corrupt.



Chula Vista mayor defends her chief of staff
Forster helped other agency on city time
By Tanya Sierra
San Diego UNION-TRIBUNE
November 21, 2008

Chula Vista Mayor Cheryl Cox's chief of staff is doing consulting work for his previous employer on city time – with the permission of the mayor.

Three councilmen said the practice in unacceptable, but Cox said she supports her chief of staff, Dan Forster, as he helps out the North Slope Borough, the government agency he once worked for in Alaska.

“I can tell you that Dan is a dedicated employee,” Cox said. “An hour or so a month helping out another governmental agency is part of Dan's track record.

“He's always there when I need him.”

Councilmen Steve Castaneda, Rudy Ramirez and John McCann said Forster should not be using city time and city equipment to carry out personal consulting work.


PROFILE
Dan Forster
Position: Chief of staff for Mayor Cheryl Cox
Salary: $123,748 a year. Also receives a $4,800 a year car allowance and a benefits package of about $50,000.
Age: 58
Family: Married, two children
Education: Bachelor's and master's degree in urban planning from University of Washington; master of public administration from Harvard.
Experience: More than 25 years in public administration, land and resources, development projects, planning, and program design and implementation.


...Forster, who earns $124,000 a year at the city, said he felt an obligation to help his former employer find a replacement after he left in 2006. He also said he wanted to finish an oil and gas project he started there.

Forster said he traveled to Alaska on his own time for projects but was in contact with officials on Chula Vista's time via e-mail and phone.

[Blogger's note: So why wasn't City Manager David Garcia allowed to use his own time to look at a computer? He worked plenty of nights, and was authorized to take time off during the day as compensation.]

...Cox hired Forster from his job as deputy director of planning in North Slope Borough, in the Arctic territory of northwest Alaska, because of his land-use background, she said.

Forster received written permission from Cox to do the consulting work for his former employer between Sept. 1, 2007, and Aug. 31, 2008, but the city's Internet and e-mail policy prohibits employees from operating a business through the city's Internet link. Forster is still consulting. He and Cox said he is “weaning” North Slope from its dependence on him...

City e-mails show Forster was leading a recruiting effort for a new deputy director of planning for the North Slope Borough. He also played a significant role in setting up an oil and gas forum in Alaska, which he also attended.

Excerpts from city e-mails show that while he was in his Chula Vista office, Forster:

> Received lengthy letters and reports from a North Slope Borough official for the oil and gas forum via e-mail at 10:41 a.m. Oct. 31, 2007.
> Tried accessing large reports from a document distribution server.
> Worked on recruiting a replacement for his old post, including
offering to drive to Las Vegas to attend a job fair. “Let's hope
we can find someone earlier but in the event we can't this is an
option, and is drivable from San Diego,” he said in an e-mail
he sent at 10:35 a.m. Nov. 13, 2007...

He said he only received pay when asked to travel, which he said amounted to about $10,000 plus expenses. He did not provide documentation. Calls to North Slope Borough officials were not returned yesterday...

Forster said he traveled to Alaska four times since 2007. State law does not require him to disclose the amount he was paid because it was from a government agency...

[Blogger's note: Of course, the public is entitled to the information through a public records request.]

Two years ago, when Cox was running for mayor, she objected to an aide to then-Mayor Steve Padilla doing noncity work on city time. The city worker was photographing Cox and her guests at a fundraiser. The incident led to a county grand jury investigation.

[Blogger's note: The incident led to five felony indictments. Cheryl Cox clearly supported the efforts of District Attorney Bonnie Dumanis to play dirty tricks on her behalf. The worker who took two hours off pled guilty to a lesser charge; the justice system was abused for Cheryl Cox's political gain. But that wasn't all. The prosecutor in the case, Patrick O'Toole, also went after another opponent of Cheryl Cox, Steve Castaneda.]

In September, City Manager David Garcia was fired over his personal Internet use at work.

Castaneda said Forster's consulting work was brought to his attention earlier this year by then-City Attorney Ann Moore. She learned about his Alaska work when a citizen activist requested Forster's e-mails.

“She told me she was concerned about the fact that e-mails existed and that there were more than just a few of them,” Castaneda said. “I'd like to find out exactly what the scope of all this is, understand why this is permitted and if it legitimately is permitted, I want to start a process to unpermit it, immediately.”

[This page contains a link to Dan Foster documents.]

Why Chula Vista mayor Cheryl Cox doesn't want an elected city attorney

AN ELECTED CITY ATTORNEY IN CHULA VISTA?
San Diego Union Tribune, South edition
By Cheryl Cox, Mayor of Chula Vista
October 25, 2008

Do voters really want one more politician in Chula Vista?

[Blogger's response: The City Attorney already IS political in Chula Vista. The job of the appointed city attorney seems to be to make sure that the voters don't know what's going on behind closed doors, and to insist that conducting business as usual is perfectly legal. The city attorney's current job is to help elected officials do whatever they want to do by coming up with a legal justification and sticking to it, no matter how much it violates the letter or the spirit of the law. We learned how much you like to operate in secrecy, Cheryl, from your shenanigans when you were a board member in Chula Vista Elementary School District. We just don't like it.]

Proposition Q would create more politicians and more politics. Proposition Q is bad for Chula Vista.

Does turning the position of Chula Vista's city attorney into a political one make better government? No.

Does it make what a city attorney does more transparent? No.

Does it make the position more accountable and less corruptible? No.

Chula Vista's city attorney is an appointed professional whose duty is to protect Chula Vista taxpayers by providing legal advice to the mayor, City Council and city staff. While saying that the city attorney should be more responsible to the electorate sounds like a good idea, it unwisely burdens the city attorney with representing a consistently shifting idea of what the “public interest” really is.

[Protect the taxpayers? Is that what you call the Laurie Madigan deal pulled off by the law firm, Stutz Artiano Shinoff & Holtz, that has represented both you and Ms. Madigan? And how about protecting the people? You weren't doing that when you authorized the expansion of a power plant near Otay Elementary, and a big giveaway to Gaylord.]

The city attorney's primary role is to represent and advise the municipal government. This initiative would create a city attorney whose primary role is to get re-elected, regardless of the impact of campaign politics on the best interests of the city and the increased possibility that officials and departments might consider hiring, at taxpayer expense, their own legal counsel to represent them.

[Come on, Cheryl. The appointed city attorney knows very well that his/her job is to get the people in power reelected.]

The City Council, city departments and agencies rely on fair, objective and nonpolitical advice from the city attorney. Proposition Q isn't about good governance. It puts in place a politician with a built-in incentive to grandstand, litigate and use the office for political purposes.

We should not replace a competent professional with a politician. For one thing, politicians have to solicit campaign contributions. Contributions from those with an ax to grind?

[Your appointed city attorney has to grind your axes, Cheryl, and those of the entire city council.]

An elected city attorney has nothing to do with the size of a city's population. It sacrifices competent, professional legal opinion for being good at politics.This would not be an independent voice! It would be linked inextricably to the political influences of special interests and electioneering.

[Heavens! Do you mean that someone might point out to you the negatives of something you want to do? Horrors! Keep your hands tightly clamped to your ears, Cheryl.]

If Chula Vista elects a politician as its city attorney, the city is in trouble.

Has an elected city attorney worked well for San Diego? Ticket guarantees, pension underfunding...

[Pension underfunding??!! Okay. Stop right there, Cheryl. Casey Gwinn, the city attorney who was involved in the pension underfunding scam was sitting solidly in the lap of Mayor Dick Murphy. He was exactly the person that city officials wanted; he sat silent when he should have given negative feedback. He was just your cup of tea. It's city attorneys like Mike Aguirre that give you the shakes, because they really do represent the people.]

...and millions wasted on politically motivated lawsuits? Proposition Q doesn't restrict this type of behavior. It allows an elected city attorney to file lawsuits without prior council approval.

San Diego Mayor Jerry Sanders said that he has “never asked Mr. [City Attorney Mike] Aguirre for anything other than good, timely, well-researched legal advice. To this date, I have not been able to get it. Mr. Aguirre continues to wait until the last minute to put out legal advice, and it's frequently in conflict with what he's told us before. . . . I can't get legal advice that is really necessary when you run a $3 billion corporation.”

[Jerry Sanders was playing politics when he said this. But I think that we should give him his own appointed attorney. I think cities should have two city attorneys, one for the public and one for the officials. And I think the public should hear what BOTH the elected and the appointed attorneys have to say about each issue. This would put pressure on officials to make good choices. An appointed attorney thinks his job is to protect officials from accountability.]

Today, Chula Vista's appointed city attorney doesn't have a vote. He's not the sixth member of the council. And he (or she) shouldn't be.

[An elected city attorney wouldn't get a vote either, Cheryl. Why do you misrepresent the facts?]

--------------------
The piece above was written by Cheryl Cox, mayor of Chula Vista. Maura Larkins wrote the responses.]

Does Chula Vista need TWO city attorneys?

I suggest that cities need two city attorneys--one to give honest, accurate legal advice, and the other to defend officials.

The voters of Chula Vista want the city attorney to look out for them, and not just for elected officials. Shamefully, Cheryl Cox and other officials want to keep the status quo, in which the city attorney's job has been to help officials do whatever they want, and get away with it. Alternatively, the attorney tells the council what to do, and acts as a de facto city council without being elected.


Election of city attorney to add to political storm
By Tanya Sierra
SAN DIEGO UNION-TRIBUNE

November 8, 2008

CHULA VISTA – In June 2010, the political landscape in Chula Vista will change again, this time in the office of the city attorney – which some say will be a powerful position at City Hall.

Voters said clearly on Tuesday that they want to elect their city attorney, the way it is done in San Diego, Los Angeles, Long Beach and other cities.

The elected city attorney, though, will be stepping into a political tempest.

Chula Vista's four council members and the mayor have said they do not believe that politicizing the City Attorney's Office is in the best interest of the city.

Councilman Rudy Ramirez, who debated the issue in community forums several times, said it will be difficult to hold the elected city attorney accountable.

“We are so dependent – as nonattorneys – on that advice for a lot of the decisions we make and the direction that our city goes in,” Ramirez said. “We're at the mercy of that person and that person's advice.”

Community members who lobbied for an elected city attorney say City Hall needs accountability, and that will come with an attorney elected by the people.

No residency requirements will be placed on the position, so an attorney who lives in North County could run for the office.

“Hopefully the person that runs does so because they respect and honor the law and truly represent the people and city of Chula Vista,” Councilman Steve Castaneda said.

As with City Council candidates, those interested in the city attorney position can take out nomination papers with the City Clerk's Office 113 days before the election.

Last month, Chula Vista resident John Moot, an outspoken attorney who is a partner in a San Diego law firm, said he would run for the office. This week, after the proposition passed, he said he would have to wait and see.

“A lot depends on how this economy plays out,” Moot said in an e-mail. “Fortunately, the election is not for two years and there is time to see where both the economy and the City Council is in a year or so.”

Having Moot, a former Chula Vista councilman, in office could further divide the council.

Moot has been an vocal critic of Castaneda and is closely aligned with Mayor Cheryl Cox, even though he is a Democrat and she is a Republican.

In the meantime, officials must decide whether to make interim City Attorney Bart Miesfeld permanent until the election. Miesfeld has been filling in since Ann Moore retired this summer, saying she wanted to be an attorney, not a politician.

Patrick Judd is turned out by new CVESD board member Russell Coronado, but Judd's pal Bertha Lopez wins in SUHSD

Russell Coronado brings a breath of fresh air to Chula Vista Elementary School District


CHULA VISTA ELEMENTARY SCHOOL DISTRICT

RUSSELL CORONADO v. PATRICK JUDD

20-year incumbent Patrick Judd failed to keep his board seat in Chula Vista Elementary School District in spite of the efforts of Aurora Murillo-Clark to split the vote.

Clearly, voters had had enough of Mr. Judd, who was recently forced out of his job as superintendent of Mountain Empire Unified School District due to sexual harassment charges.

CHULA VISTA ELEMENTARY SEAT NO. 4
Precincts Reporting: 100.0%
AURORA MURILLO-CLARK - 21.53%
PATRICK JUDD - 35.81%
RUSSELL CORONADO - 42.65%




ARCHIE MC ALLISTER v. DAVID BEJARANO

Spoiler Norberto Salazar, however, was successful in splitting the vote for seat 2. Salazar, who can't seem to open his mouth without praising former San Diego police chief David Bejarano, managed to get his idol elected for the first time. Bejarano got his position on the board through appointment.

The real opposition candidate, ARCHIE MC ALLISTER, did very well. HE SHOULD BE APPOINTED TO FILL THE SEAT THAT IS BEING VACATED BY BERTHA LOPEZ.

CHULA VISTA ELEMENTARY SEAT NO. 2
Precincts Reporting: 100.0%
ARCHIE MC ALLISTER - 27.34%
NORBERTO P. SALAZAR - 17.39%
WILLARD 'DOC' HOWARD - 5.28%
DIEGO VARGAS - 10.87%
DAVID BEJARANO - 39.12%









SWEETWATER UNION HIGH SCHOOL DISTRICT

JAIME MERCADO v. BERTHA LOPEZ

Patrick Judd's obedient servant Bertha Lopez, however, will apparently carry his torch to Sweetwater Union High School District. This will give Bertha Lopez' cronies on the CVESD board the opportunity to appoint her replacement, instead of allowing the voters to choose. Obviously, the voters' top choice is ARCHIE MC ALLISTER. The board should either appoint Mr. Mc Allister or hold a new election.

SWEETWATER UNION HIGH SEAT NO. 4
Precincts Reporting: 100.0%
JAIME MERCADO - 36.29%
BERTHA J. LOPEZ - 42.99%
TRINA LOPEZ - 7.08%
STEPHANIE M. ALCARAZ - 13.64%



PEARL QUINONES v. LORENZO PROVENCIO

Pearl Quinones kept her SUHSD seat, as expected.

SWEETWATER UNION HIGH SEAT NO. 2
Precincts Reporting: 100.0%
GABRIEL RODRIGUEZ - 18.63%
LORENZO PROVENCIO - 31.24%
PEARL QUINONES - 50.13%

Has the Lincoln Club taken over Chula Vista?

Former CVESD board member Cheryl Cox has brought strife to Chula Vista since she began her race for mayor in 2006

Voice of San Diego
By DAVID WASHBURN
Oct. 31, 2008


...During the past couple of weeks, the San Diego-Imperial Counties Labor Council has spent a total of $31,449 supporting Democratic council candidates Pamela Bensoussan and incumbent Councilman Steve Castaneda, according to campaign finance disclosure statements. The San Diego Democratic Party, meanwhile, has spent more than $10,000 supporting Bensoussan in October, the statements show.

The late spending by organized labor and Democrats is an effort to keep pace with outlays in Chula Vista throughout the campaign season by the Republican Party and the Lincoln Club of San Diego County. The GOP this year has spent $43,072 on behalf of Republicans Scott Vinson and Russ Hall, while the Lincoln Club has plunked down $47,543.


The money comes in the form of independent expenditures and so-called "member communications," missives sent only to members of a certain organization. These avenues allow parties, groups and individuals to collect money far beyond the city's individual contribution limits and pour them into campaigns for or against local candidates or initiatives, as long as certain rules are followed.

This cash-infusion, which is a significant step up from previous years, represents an attempt by both labor and business to influence the direction of San Diego County's second largest city as it struggles through one of the most tumultuous periods in its history.

Long considered the economic and political center of the South Bay, Chula Vista's coffers ballooned during the past decade as explosive growth in its eastern suburbs came to symbolize the real estate boom.

The city has gained even greater prominence countywide since 2006 when Tennessee-based Gaylord Entertainment unveiled a proposal to build a massive hotel and convention center on the city's bay front. More recently, Chula Vista has ascended to front-runner status as a possible site for a new Chargers stadium.

It has also become the epicenter of the real estate meltdown, with several zip codes that rank among the highest in foreclosure rates in the county. Tumbling with the city's real estate values have been its sales tax revenues. As a result, the city will have to cut $6.3 million out of this year's $143-million budget, and as much as $19 million out of its fiscal 2010 budget.

A year ago, former City Manager David Garcia said the city was facing insolvency due in large part to its profligate spending during the housing boom. Garcia, who was ousted earlier this year, was the second city manager to lose his job within two years.

The GOP and its backers want a business-friendly atmosphere for Gaylord and other bay-front developers. The Democrats and organized labor want the jobs created by new development to be union jobs.

"You cannot understate the importance of the city of Chula Vista and its prosperity to the overall health of the county," said T.J. Zane, the executive director of the Lincoln Club.

Evan McLaughlin, the Labor Council's political director said the prosperity Zane is speaking of is one sided, adding that business interests can no longer be allowed to rule the roost in Chula Vista.

"Under the old way of doing things, the bay front would be done with no one looking out for the quality of the jobs -- only the interests of the developer," McLaughlin said. "Environmentalists have become very active in Chula Vista, as well as the labor community."

Perhaps partly because of all this campaign money and pressure, Chula Vista City Hall has become a snake pit in recent years. Meetings of the five-member City Council, which is made up of two Democratic and two Republican councilmen, and Republican Mayor Cheryl Cox -- often devolve into open and angry warfare over the city's direction.

Zane said the Lincoln Club first began to step up its spending in Chula Vista during Cox's successful 2006 mayoral run against incumbent Steve Padilla.


Long-time Chula Vista community activists and political watchers Peter and Susan Watry said they've felt they city's political climate change for the worse since that election. And they say they are appalled by the spending this year.

"We couldn't believe how much money the Lincoln Club was pouring in last spring," Peter Watry said. "Now the labor people are responding."

Susan Watry, who supported Cox in 2006, but now calls the mayor "divisive," said Tuesday's election is a battle for the "very soul of Chula Vista."

John McCann, hit man? Nasty attacks on Marty Block are in the media, not face-to-face

California Progress Report
78th District
by David Glanzer


Marty Block, the Democratic candidate hoping to win the seat being vacated by termed out Republican Shirley Horton... has a long educational resume and continues to be a tireless advocate for youth. He is currently President of the San Diego Community College Board of Trustees, a former professor, dean and director at San Diego State University and a former President of the San Diego County Board of Education. His wife, as well, is an education advocate and is a teacher with the San Diego Unified School District.

...Conspicuously absent from each community gathering, however, was Block’s Republican opponent John McCann. The statement read each time by the moderator for whatever group was holding the assembly was similar: “He hasn’t replied, but we hope he’ll show up.” And at nearly every event, Marty Block was left sitting opposite an empty chair, the only visage of McCann was a cardboard name placard placed in his stead.
...So upset was one group who was cited in a McCann hit piece, the Eastlake-Bonita Democratic Club, that their president Vivian Sherrill wrote letters to the editors of several local newspapers. In those letters she said, in part:

“Republican candidate John McCann is deliberately distorting the truth… he is using the Eastlake-Bonita Democratic Club to do it… he incorrectly quotes Marty Block … and I know this because I am President of the Club, and chaired the event.”

She continues:

“…incidentally, Mr. McCann did not even attend the event…McCann, it seems, is more interested in slinging mud than in getting his facts straight… Mr. McCann should be ashamed of himself.”

If that were all, it would be enough.

But the McCann camp even went so far as to claim that Marty Block was weak on crime. Another perplexing accusation, as Marty Block is endorsed by the San Diego Police Officers Association (SDPOA), The Deputy Sheriff’s Association of San Diego County, California Association of Highway Patrolmen, California Correctional Peace Officers Association, Peace Officers Research Association and others. Is the McCann camp saying that San Diego Law Enforcement is weak on crime?

This so angered the SDPOA that they issued a stinging condemnation of McCann and went so far as to contribute to a television spot that is currently airing on San Diego network stations...