Tuesday, May 19, 2009

Builders at May 12, 2009 Chula Vista City Council Meeting demand they not be required to collect signatures in order to put their initiative on ballot

Arthur Salm: Council kicks sand in bullies’ faces
The initiative process opens the door to all kinds of mischief, most of it backed by interests with very deep pockets.

By Arthur Salm, SDNN
San Diego News Network

When you actually get to see a bully in action, it’s breathtaking, in a can-you-believe-that-guy? kind of way.

Few people saw it - after all, it was the last agenda item, it came up after five and a half hours of talk, and it was late, late in the evening. But at the May 12 Chula Vista City Council meeting, George Hawkins, president of the Associated Builders and Contractors, put on quite a show.
San Diego: Arthur Salm is an SDNN columnist.

After a supportive lead-in from Mayor Cheryl Cox, Hawkins stood at the lectern and informed the council members that unless they placed an initiative on the ballot for the June 2010 election - an initiative that his organization has failed so far to place via the by-the-book signature-gathering process - they’d sue the city (over an earlier petition rejected for what the city clerk determined to be improper paperwork). That, Hawkins said, would cost the taxpayers a bundle. The initiative’s going get on the ballot one way or another, he declared, and if his group goes out and gets the required signatures, that will trigger a special election, costing the city even more.San Diego: sdnn-opinion1

Do it, Hawkins told the council members, or Chula Vista will also end up paying “not only your attorney fees, but ours.” He indicated that if the city council plays ball, the lawsuit will likely go away.

Translation: Even with our hired-gun signature-gatherers, we haven’t been able to meet the requirements to get our initiative on the ballot. But we’ve got the money and we’ve got the juice, so if you guys don’t put it on there for us, we’re going to turn the citizens of Chula Vista upside down and shake some serious coin out of their pockets. Figures ranging from $600,000 to $1.4 million got tossed around.
Click here

Hawkins didn’t shout. He didn’t shake his fist. Had he sported a Snidley Whiplash-style mustache, he probably wouldn’t have twirled it. He didn’t even glower. He spoke calmly and matter-of-factly, and it was downright chilling. The link is here if you want to watch; just click on the May 12 video. Mayor Cox’s warm and fuzzy introduction starts at hour 5:31.

And here’s what the Associated Builders and Contractors want: Their ballot initiative would prohibit project labor agreements, which are collectively bargained labor agreements for city-funded construction projects. They deal with wages, hours, benefits, and other terms and conditions of employment. Typically a PLA will set a living wage, include medical benefits, and ensure that a certain percentage of the workers hired for a project live in the community. (Backers of the Associated Builders and Contractors’ initiative refer to it as a “fair and open competition ordinance,” a textbook example of nomenclature obfuscation; the art reached its dizziest heights with George W. Bush and his Clear Skies and Healthy Forest Initiatives.)

The response to Hawkins’ threat was immediate and compelling; this, too, made for good TV. (See that link, above? If you skipped it, click it now.) The outrage of the speakers following Hawkins seemed evenly directed toward the Associated Builders and Contractors’ would-be initiative itself and the audacity of their tactics.

“I’ve never witnessed such a scene of extortion in my life,” painter Paul Vauchelet told the council. A project labor agreement, he said, “is about working people and benefits and paying good wages. … You politicians are our last line of defense.”

The Labor Council’s Lorena Gonzalez let the council know that as long as they were considering placing initiatives on the ballot just because it’s cheaper, she had lots of ideas. How about a living-wage ordinance? “That would really benefit the workers,” she said.

Even after five years on the city council, Steve Castaneda said that every once in a while he still gets completely amazed - and he seemed floored by Hawkins’ proposal. Stating flatly that the council should refuse to cave in to threats, he added - and this shouldn’t have been necessary - “Unfortunately, democracy is an expensive endeavor.”

‘Round midnight it went to a vote. Pamela Bensoussan and Rudy Ramirez joined Castaneda in voting No; Mayor Cox and John McCann stood with the builders and contractors. Defeated, 3-2. A nice “almost” for the bullies...

Monday, May 18, 2009

Kaiser gift allows swim lessons for fourth graders in Chula Vista

5/18/2009
Kaiser Donates $50K to Swim Program for Fourth-Graders
San Diego Business Journal
Joyce Glazer

Kaiser Permanente is donating $50,000 to a Chula Vista city swim program for elementary school kids. Kaiser’s grant will allow the Recreation Department’s swim program to reach 1,000 fourth-grade students and cover transportation costs. “This donation allows us to expand the reach of a valuable program that teaches children critical lifesaving skills,” said Mayor Cheryl Cox …

[Maura Larkins' note: I agree that this is a wonderful gift and a terrific program. It was very sweet of the San Diego Business Journal to give Cheryl Cox some publicity instead of contacting someone at Kaiser, the Recreation Department or CVESD for a quote. Perhaps the writer didn't know that the school district is involved; the fourth-graders will be transported to and from their schools during class time. My students enjoyed this program from 1974 until 1978, when the passage of Proposition 13 ended the program. It's a shame that it took thirty-one years to get back on track.]

Saturday, May 16, 2009

Cheryl Cox wins against Port Commissioner Michael Najera

Cheryl Cox, without the tiniest bit of behind-the-scenes pressure having been applied by her husband Supervisor Greg Cox or anxious developers, has managed to kick Michael Najera off the Port Commission. Well, maybe she had a little help from her friends.


San Diego Port Commissioner Resigns Under Pressure
Michael Najera Wants To Avoid Legal Battle
Channel 10 News
May 15, 2009

CHULA VISTA, Calif. -- A San Diego Port commissioner who was blamed for the failure of a project to develop the Chula Vista waterfront resigned Friday, a week after the city's mayor called for his voluntary departure.

Michael Najera is Chula Vista's representative on the Board of Port Commissioners, and had previously indicated he would fight to keep his position.

In a resignation letter, however, Najera said a legal battle wasn't in the best interest of Chula Vista.

"I feel strongly that my legal position was strong," Najera wrote. "However, I have determined that a protracted legal battle against my beloved hometown is not in my best interests, and more importantly it's not in the best interests of Chula Vista's taxpayers, since they are the ones that would have to foot the legal bill."

"Given all due consideration, for now I have decided that it is in my best interest to resign from the Port Commission and concentrate my efforts on several exciting new business ventures," he said...

The Board of Port Commissioners sets land-use policies and manages tenants along San Diego Bay's tidelands.



5/15/2009
San Diego Business Journal
Port Commissioner Bows Out


Chula Vista Mayor Cheryl Cox apparently got her wish when Port Commissioner Mike Najera resigned from his position May 15.

Cox had asked Najera, who owns a construction company, to resign about a week ago, but he refused, and even contracted his attorney to send a letter to Cox, saying there was no reason for him to leave.

Cox never provided a reason for wanting Najera out...


See original post.

Thursday, May 07, 2009

Cheryl Cox finds it's harder than it used to be to get rid of people she doesn't like


Mayor told to halt attempt to expel port commissioner

Najera's attorney calls actions illegal
By Tanya Sierra
San DiegoUnion-Tribune Staff Writer
May 7, 2009

An attorney for Chula Vista Port Commissioner Mike Najera warned Mayor Cheryl Cox to stop trying to oust the commissioner, saying her actions are illegal and politically motivated.

In a letter sent late Tuesday to Cox, the City Council and the city attorney, lawyer Joseph Casas states the council must have justification to remove a port commissioner.

“The involuntary removal of a port commissioner without good cause is not only unethical, but case law indicates that such an action is unlawful,” Casas wrote.

Najera said Cox on Monday asked him to resign, which he refused to do. He said Cox gave him until noon Tuesday to step down or she would “go to the media.”

Cox did not return repeated phone calls yesterday seeking comment. On Tuesday, she confirmed she met with Najera the day before to discuss concerns but wouldn't say what they were.

Some council members say they have not spoken with Cox and can't figure out why she would ask Najera to resign...

The city councils of the five port cities appoint Port District commissioners. Najera was first chosen in 2006 to fill the remainder of William Hall's term and was reappointed to a full four-year term in 2007.

The Port District's governing rules state only that “a commissioner may be removed from the board by a majority vote of the city council which appointed the commissioner.” In his letter, Casas cites a 1990 opinion written by then-San Diego City Attorney John Witt, who stated a council needs “good cause” to unseat a port commissioner.

“I haven't heard anything back from the city of Chula Vista,” Casas said. “I really think that the ball is in the mayor's court right now. She is the one who has the burden of proof.”

Chula Vista City Attorney Bart Miesfeld did not return calls yesterday.




UPDATE: Will Cox be able to unseat a port commissioner for supporting Cox's opponent?

Chula Vista council will address Najera's position
By Tanya Sierra Union-Tribune Staff Writer

6:47 p.m. May 8, 2009
Chula Vista City Council Meeting
When: Tuesday, 6 p.m.
Where: 276 Fourth Ave., in the City Council chambers.

CHULA VISTA — The City Council on Tuesday will discuss Chula Vista Port Commissioner Mike Najera, who said this week Mayor Cheryl Cox asked him to resign.

According to the City Council agenda, which was issued just after 3 p.m. Friday, officials will “consider and potentially act upon” Najera's position.

...Najera found out he was on Tuesday's council agenda when contacted by a newspaper reporter. He said city officials should have told him...

Councilman Steve Castaneda said he also was not informed the issue was on the agenda.

Najera said before his meeting with Cox, she asked him to give an update on the Chula Vista bayfront at Tuesday's meeting, but that isn't listed on the agenda.

Calls to Cox, City Manager Jim Sandoval and City Attorney Bart Miesfeld were not returned Friday.

Tuesday, May 05, 2009

Did Mayor Cox tell Najera to quit as Port Commissioner because he held a fundraiser for someone else?

Update to this story is HERE.

Najera Held Fundraiser for Cox Rival
Voice of San Diego
WILL CARLESS
May 6, 2009


Mike Najera, a port commissioner who was abruptly asked to step down from his position by Chula Vista Mayor Cheryl Cox on Monday, just told me he recently held a fundraiser for Chula Vista City Councilman Steve Castaneda, who is widely expected to challenge Cox when her term expires in 2010...

Steve Cushman, chairman of the port commission, said he's waiting to hear an explanation from Cox as to why she asked Najera to resign. Najera has been a "terrific commissioner" who works hard, never misses meetings and has done a great job, he said. Cushman said he called Cox to ask for an explanation but has not yet spoken to her.

Castaneda said Cox's leadership of the city has been disappointing and said he supports a change in leadership in the county's second-largest city. But he stopped short of saying he would be running against Cox for mayor...




HERE'S MY ORIGINAL POST ON THIS SUBJECT:

Did Mayor Cox tell Najera to quit Port post?
By Tanya Sierra
San Diego Union-Tribune Staff Writer
May 5, 2009

CHULA VISTA — Chula Vista Port Commissioner Mike Najera said Mayor Cheryl Cox asked him to resign Monday, and he refused.

Cox gave Najera until noon Tuesday to resign or she would go to the media, the port commissioner said.

“I'm not sure of her motivation,” Najera said.

Cox said Tuesday she met with Najera to discuss her concerns but she would not elaborate.

Najera said Cox made her request during an 11 a.m. meeting Monday, which he thought was a catch-up session.

He recalled her saying, “'I just want to cut to the chase and I want you to resign. I want you to step down. I lost confidence in your ability to get the bayfront done,'” Najera said. “She said 'It's been two and a half years and it's not done yet.' I said 'You've been mayor for all this time as well, should you take part in the blame?'”

Chula Vista City Attorney Bart Miesfeld said the City Council can remove a Port District commissioner with a majority vote. It was not an item on Tuesday's City Council agenda.

Najera was first appointed in 2006 to fill the remainder of William Hall's term. He was reappointed for a full four-year term in 2007 and at the time vowed to transform the city's bayfront through development saying, “I want that land to be deep in the first phase of construction by the end of my term in 2011.”

Plans for the bayfront halted in November when for the second and final time Gaylord Entertainment dropped its plan to build a hotel and convention center. The failed deal was the latest in 35 years of attempts to develop the city's waterfront.

Bayfront projects are not in the hands of a sole port commissioner. Seven commissioners represent the five port cities of San Diego, Coronado, National City, Chula Vista and Imperial Beach.

“I think that over the 40-plus years that the port has been in existence, there have been numerous port commissioners who have represented Chula Vista and none of them have been able to accomplish any sort of development either,” Councilman Steve Castaneda said. “So, I'm not sure that we can lay any significant blame on Mr. Najera.”

Councilman Rudy Ramirez said he did not want to criticize Najera, but said he is unhappy with the slow progress on the Chula Vista bayfront.

“I'm dissatisfied overall with the progress that Chula Vista has been able to make with our port,” Ramirez said. “Nothing seems to get done over there and I'm concerned with that.”

One reason Cox could be upset, Najera said, is the proposed land swap between the Port District and Pacifica Companies, a development company interested in building a hotel and condominium development on the bayfront adjacent to where the Gaylord project was slated.

The port's board discussed the deal in closed session Tuesday, Port Commissioner Steve Cushman said.

“We are trying like crazy,” he said...

Thursday, April 23, 2009

Clear View School ends its charter status...not with a bang but a whimper

Charter ends, but another may begin
http://www3.signonsandiego.com/stories/2009/apr/16/1sz16charter174949-charter-ends-another-may-begin/?education&zIndex=82986
By Chris Moran
Sand Diego Union-Tribune
April 16, 2009

Background: In 1994, Clear View Elementary School converted itself into an autonomous charter school in the Chula Vista Elementary School District.

What's changing: A majority of teachers voted to let the charter – its permission to operate – expire in June.


...In June, Clear View will become the first charter school in Chula Vista to give up its exemption from much local bureaucracy and state regulation and revert to a traditional public school...

Seven of the 29 teachers who wanted to continue working for a charter have drawn up plans for another autonomous campus – Leonardo da Vinci Health Sciences Charter School – at a vacant church nearby.

Last month, they petitioned the Chula Vista school board for permission to open this summer. They are scheduled to get their answer Tuesday when the Chula Vista school board next meets.

...Few teachers were still using project-based learning. The school exercised its freedom primarily through how it spent money.

Nor was the school achieving its potential. From 1999 to 2008, Clear View was the least improved of the Chula Vista district's schools. It also posted the lowest reading and math scores for non-English-speaking students of all 44 district schools last year.

This year may not be much better. The vote on whether to stay a charter school caused internal strife that ended friendships and caused some employees to avoid the teachers lounge, Principal Sherroll Stogsdill-Posey said.

[Maura Larkins´note...This is typical of teacher CULTURE in CVESD and elsewhere. Politics supersedes professionalism with distressing frequency. And children suffer the consequences.]

“I do believe it will have had an effect on instruction this year,” she said. “This has become such a huge issue that it can't not seep in.”

...Then the economy tanked, Chula Vista became a foreclosure capital and the number of teaching jobs stagnated. Now the district has to release temporary teachers because of its tight budget.

...Reading specialist Meg Rabine voted to end the charter...For her, resigning from the district could have meant losing $10,000 to $15,000 a year in salary for the rest of her career. Although she supports charters, Rabine came to Clear View because she respected and liked its teachers. If the school stayed charter, most of those teachers would have left Clear View for the secure employment of the district's traditional schools...

Amber Goslee isn't ready to abandon charter schools...In Goslee's class, students record songs on laptop computers. They write scripts and make videos. They design learning stations from which their peers glean information on plate tectonics.

After eight years of teaching, Goslee also has much to lose if her new venture fails. But the way she figures it, she has more to lose if she abandons the charter's ideals.

“I don't want to stay in schooling, in education, if it continues to be so scripted,” Goslee said. “I'd rather have my freedom than my security.”

Goslee is among those who drew up the da Vinci plans for 160 kindergarten through sixth-grade students...

Thursday, April 09, 2009

Chula Vista's ballot information on Prop A is misleading

The sample Ballot and Voter Information Pamphlet we received with the Official Ballot regarding Proposition A, is very misleading. The pamphlet states on p. 4, that Proposition A would among other points:

"MAINTAIN after-school programs like STRETCH and DASH that keep kids away from drugs, gangs and crime." In fact, There is a pamphlet in the mailbox today in favor of prop. A, in which, among others, Patricia Aguilar, President of Crossroads II, states: "Prop. A will ........ maintain after school programs that give kids alternatives to gangs and drugs."

I have contacted Patricia Aguilar to ask her to specify exactly what after school programs will be maintained with prop. A. I'm waiting to hear from her.

Several weeks ago, the city of Chula Vista officially handed over the running of the after school programs in the 33 elementary schools where DASH and STRETCH is operating today to the YMCA as of the new school year starting in July. Nancy Kerwin, the Executive Director of Student, Family, and Community Services and Support, called me before the March 10th district meeting and told me that even if Prop. A passed, it wouldn't be nearly enough to save DASH and STRETCH. In fact, the money first goes into the general fund and is then dispersed down the totem pole. DASH and STRETCH are towards the bottom of that pole, besides, the City no longer has a say. When they withdrew their funds, they lost their voice.

The district has already officially voted to 'seamlessly transfer' the said programs to the YMCA. They have already contacted parents in multiple ways just to inform us that all is saved even without the tax initiative.

To date, the transition thus far has been anything but seamless. Some principals are pulling in DASH and STRETCH staff to tell them that they won't be here next year. Teachers are congratulating the two time award winning staff, only it's not for a job well done for these past ten years, it's for being saved. Only thing is, they haven't been saved. Children are confused and crying to their coaches, giving of their own money in an attempt to save these programs, while trusting parents are being carefully misled. We are tired of being misled.

I feel it is very important that the thousands of families whose children attend DASH and STRETCH, and others who support them, know all the facts before deciding whether to vote Yes or No on Proposition A. After all, we are the one’s paying the price with more than just our wallets.

Elisa Betancourt
Website

2009

Thursday, April 02, 2009

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.

Friday, March 27, 2009

Gail Mendes, who asked boss Richard Werlin to punish a fellow teacher, elected Secretary-Treasurer of CTA

A few days ago I wrote about Gail Mendes, the former president of United Teachers of Richmond, who has been elected as secretary-treasurer of California Teachers Association in an unusual challenge to a sitting executive officer.

The reaction among many CTA members has been negative.

Apparently, many votes for Mendes were cast to "send a message" to the CTA bigwigs; these voters didn't think that Mendes would actually be elected. They expected incumbent Daniel Vaughn to keep his seat.



Christy Marquez commented on Intercepts, a fine blog about education politics:

"...[I]t was a complete shock when the results were announced that she won by a very small margin. In fact, when her name was announced, not a single person in the room applauded. Instead, many were fighting back tears of sadness and anger that such a thing could happen to such a good man who has devoted many years to the union. Everyone agrees that nothing personal was intended and that the outcome was a complete fluke. Unfortunately, not a lot can be done about it now. Gail is completely unqualified for the position and does not have the experience nor support to succeed. She will most likely be challenged in two years for the position of vice president, and hopefully will lose to a more qualified and well-liked candidate..."





Diane Brown, a UTR teacher who contributes to the excellent blog "Progressive Teachers," wrote:

Gail Mendes' tenure as President of UTR was counter to principles of union democracy. Rank and file and UTR board members' rights were trampled on (a UTR board member described her leadership at rep council as "fascistic").

During a UTR election a first time candidate was running for a position on the executive board. This candidate's name was left off the ballot. Mendes went to the candidate's school site unannounced and strongly suggested that the candidate withdraw from the race. Unsuspecting any foul play the candidate agreed.

Some UTR members wrote letters to then-Vice President David Sanchez about Mendes' undemocratic hostile leadership. A UTR member at Mendes school described her as "dangerous."

I filed a complaint with the Public Employees Relations Board (PERB) charging Mendes with these abuses of office. November 30, 2006, Mendes reported me to Rick Werlin, WCCUSD Assistant Superintendent of Human Resources, demanding that he discipline me for an alleged contract violation. Mendes' action, asking a boss to punish a fellow teacher and an Association member would be universally reviled and condemned by any class conscious union member. I met with the UTR Executive Board and asked that she resign her position as President.

On another occasion Mendes interfered with members right to elect a site representative of their choice. She had the election overturned.

When CTA members learned Mendes had been elected Secretary-Treasurer, one member said, "It's time to get out." CTA members who decided to "send a message" and vote for Mendes, made a mistake that they will live to regret. The only way to correct this mistake is through a RECALL campaign. I would not wait two years.

Diane Brown, CTA Member






Another teacher
backs up Diane Brown's statements:

"...[Gail Mendes] initiated a grievance against a UTR member with the District Superintendent, Rick Werlin. This is ratting out a fellow union member. A former WCCUSD school board member has described Mendes as “vindictive” and said that she cost the taxpayers hundreds of thousands of dollars for second parcel tax vote..."

Margaret Browne


[Maura Larkins' note: Of course, not all teachers voted for Mendes by accident. CTA director Jim Groth from Chula Vista worked well with the very same Richard Werlin who palled around with Gail Mendes. I'll bet that Jim Groth was an enthusiastic supporter of Mendes. Am I right, Jim? Clearly, some teachers truly believe that it's appropriate to get ahead in teacher union politics by trampling on teachers and students.]


[Maura Larkins' post script: A coincidence that makes this story more fascinating for me is that I attended kindergarten in Richmond schools (now known as WCCUSD) before returning to Chula Vista, where I went to 1st and 2nd grades in Chula Vista Elementary School District.]

Monday, March 23, 2009

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.]

Monday, March 16, 2009

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

Sunday, March 15, 2009

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:

Thursday, March 12, 2009

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

Tuesday, March 03, 2009

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.)

Sunday, March 01, 2009

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

Saturday, February 07, 2009

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...

Thursday, February 05, 2009

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.

Wednesday, February 04, 2009

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...

Monday, February 02, 2009

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.

Friday, January 23, 2009

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.

Wednesday, January 07, 2009

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.

Saturday, January 03, 2009

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...