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.
Tuesday, March 03, 2009
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
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.)
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 LuffboroughFEB. 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."
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...
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.
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.
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.
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...
Wednesday, December 24, 2008
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.
Monday, December 15, 2008
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.
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?]
Friday, December 12, 2008
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.]
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.]
Thursday, November 27, 2008
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.]
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.]
Sunday, November 09, 2008
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.]
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.
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.
Wednesday, November 05, 2008
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%
Saturday, November 01, 2008
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."
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...
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...
Saturday, October 25, 2008
Bertha Lopez opens her personnel file--but she illegally refused to let me see my own CVESD personnel file
In 2002 I sued Chula Vista Elementary School District for violations of the labor code and other illegal actions. Bertha Lopez refused to produce my personnel file.
What are she and the rest of the CVESD board hiding? Is it something that's in the file, or, more likely, is it something that's missing from the file? Among the very few documents produced by CVESD were documents that were altered, pre-dated or post-dated. CVESD hid or destroyed other documents, and failed to create any paper trail at all on important occasions.
Bertha Lopez violated the law in a regular manner during her years as a CVESD board member.
Jaime Mercado, on the other hand, is clearly a person of decency who doesn't step on other people to get ahead. He cares enough about others to give a pay advance to an employee whose salary schedule included two months with no pay each year.
Former superintendent Ed Brand and Bertha Lopez are very much a part of the unethical and greedy inside circle that controls schools in San Diego County.
Here's today's SDUT article about Bertha's request to open personnel files:
Candidates open personnel files; 1 has reprimand
By Chris Moran
SAN DIEGO UNION-TRIBUNE
October 25, 2008
CHULA VISTA – Rivals in the race for a seat on the Sweetwater Union High School District board opened their personnel files to The San Diego Union-Tribune, revealing overwhelmingly positive evaluations of the 30-plus years each has spent as an educator in South County public schools.
The file of candidate Bertha Lopez, a National School District teacher, contains positive evaluations and no reprimands.
In addition to positive evaluations, incumbent Jaime Mercado's file contains a 2002 letter reprimanding him for using Associated Student Body money to make a loan to an employee. Mercado was principal of Palomar High School in Chula Vista at the time.
Then-Superintendent Ed Brand declined to suspend Mercado in part, he wrote, because “although your judgment was poor, your actions were not self-serving.”
Mercado said he authorized the loan because the employee faced two months without a paycheck because of a lag in the district's payroll system. Mercado said the employee told him that without the money, he would not be able to pay his rent.
The money was restored to the account a month later. Mercado said he used his own money to pay back the account and that the employee reimbursed him in installments.
In a letter of response to the reprimand, Mercado wrote at the time, “I was making up for a payroll system that has for years shamefully abused the basic right of employees to get paid in a timely manner.”
In an interview this week, Mercado called the reprimand letter retaliation by Brand.
[Blogger's note: Ed Brand has become famous for illegal retaliation. He was connected to widespread wrongdoing when he was superintendent of SUHSD, including the Mary Anne Weegar case, in which he retaliated against an administrator who complained that the law was not being followed by the district. He suddenly resigned from San Marcos Unified School District in August 2006. I'm not surprised to hear about more illegal retaliation by Ed Brand.
In the months before the letter was issued, another Sweetwater principal had filed a sexual-harassment claim against a high-level district administrator, and Mercado had agreed to make a declaration that the same administrator had mistreated him. The principal eventually filed a lawsuit alleging that she was wrongfully demoted in retaliation for the sexual-harassment complaint. The district paid $150,000 to settle the lawsuit.
Lopez asked the Union-Tribune to review the files after being asked about a petition dated April 21 signed by her co-workers at John Otis Elementary School. It states that Lopez “is not a team player, and in actuality she has worked assiduously at creating division and tension among staff members.”
Lopez transferred to another school in August, and her personnel file shows that she volunteered for the transfer. The petition and its allegations are not part of her file.
What are she and the rest of the CVESD board hiding? Is it something that's in the file, or, more likely, is it something that's missing from the file? Among the very few documents produced by CVESD were documents that were altered, pre-dated or post-dated. CVESD hid or destroyed other documents, and failed to create any paper trail at all on important occasions.
Bertha Lopez violated the law in a regular manner during her years as a CVESD board member.
Jaime Mercado, on the other hand, is clearly a person of decency who doesn't step on other people to get ahead. He cares enough about others to give a pay advance to an employee whose salary schedule included two months with no pay each year.
Former superintendent Ed Brand and Bertha Lopez are very much a part of the unethical and greedy inside circle that controls schools in San Diego County.
Here's today's SDUT article about Bertha's request to open personnel files:
Candidates open personnel files; 1 has reprimand
By Chris Moran
SAN DIEGO UNION-TRIBUNE
October 25, 2008
CHULA VISTA – Rivals in the race for a seat on the Sweetwater Union High School District board opened their personnel files to The San Diego Union-Tribune, revealing overwhelmingly positive evaluations of the 30-plus years each has spent as an educator in South County public schools.
The file of candidate Bertha Lopez, a National School District teacher, contains positive evaluations and no reprimands.
In addition to positive evaluations, incumbent Jaime Mercado's file contains a 2002 letter reprimanding him for using Associated Student Body money to make a loan to an employee. Mercado was principal of Palomar High School in Chula Vista at the time.
Then-Superintendent Ed Brand declined to suspend Mercado in part, he wrote, because “although your judgment was poor, your actions were not self-serving.”
Mercado said he authorized the loan because the employee faced two months without a paycheck because of a lag in the district's payroll system. Mercado said the employee told him that without the money, he would not be able to pay his rent.
The money was restored to the account a month later. Mercado said he used his own money to pay back the account and that the employee reimbursed him in installments.
In a letter of response to the reprimand, Mercado wrote at the time, “I was making up for a payroll system that has for years shamefully abused the basic right of employees to get paid in a timely manner.”
In an interview this week, Mercado called the reprimand letter retaliation by Brand.
[Blogger's note: Ed Brand has become famous for illegal retaliation. He was connected to widespread wrongdoing when he was superintendent of SUHSD, including the Mary Anne Weegar case, in which he retaliated against an administrator who complained that the law was not being followed by the district. He suddenly resigned from San Marcos Unified School District in August 2006. I'm not surprised to hear about more illegal retaliation by Ed Brand.
In the months before the letter was issued, another Sweetwater principal had filed a sexual-harassment claim against a high-level district administrator, and Mercado had agreed to make a declaration that the same administrator had mistreated him. The principal eventually filed a lawsuit alleging that she was wrongfully demoted in retaliation for the sexual-harassment complaint. The district paid $150,000 to settle the lawsuit.
Lopez asked the Union-Tribune to review the files after being asked about a petition dated April 21 signed by her co-workers at John Otis Elementary School. It states that Lopez “is not a team player, and in actuality she has worked assiduously at creating division and tension among staff members.”
Lopez transferred to another school in August, and her personnel file shows that she volunteered for the transfer. The petition and its allegations are not part of her file.
Friday, October 24, 2008
Patrick Judd accused of sexual harrassment
Update: My source turned out to be absolutely correct regarding Patrick Judd's sexual harassment of an employee at Mountain Empire Unified School District. The employee was a principal who was fired after she complained about Judd's behavior. She was awarded $150,000 in San Diego Superior Court.
Several months ago I became aware of a rumor that former Mountain Empire School District superintendent Patrick Judd had been accused of sexual harrassment, but I didn't print it because it was simply a rumor. Judd went on some kind of leave early in 2008, then never went back to work, and retired in June.
One Mountain Empire board member, apparently someone trying to cover for Judd, said that he was on sick leave.
JUDD REFUSES TO BE ACCOUNTABLE TO VOTERS ABOUT SEVERAL VERY SERIOUS ISSUES
Judd said it wasn't sick leave, but he wouldn't say what it was. Yet Judd had the nerve to run for re-election as trustee of Chula Vista Elementary School District, apparently on a platform of silence. This much is clear: Judd does not believe in openness or honesty.
And neither does Lowell Billings, superintendent of CVESD.
Lowell Billings (photo at left) is Judd's employee in CVESD. But the reverse relationship holds true at The Accelerated School (TAS) in Los Angeles, where Billings is on the board. Apparently Billings felt sympathy for Judd, or political obligation to Judd, and hired Judd as a consultant at the Accelerated (Charter) School.
Recently I read a letter written to the San Diego Union Tribune. It said in part:
"...Every educator in Mt Empire and the entire east county seems to be aware that the former Superintendent (P. J.) did not go out on sick leave because of an illness, but rather because of the same type of claim that Mr. Sandoval, Mr. Lopez and Mr. Poveda would be familiar with, he was not sick rather he was in hot water. You should ask some questions in Mt. Empire and perhaps request a copy of the claim..."
I am inclined to differentiate between true sexual harrassment, the abuse or exploitation of a human being, and the less serious problem of enthusiastic admiration of an attractive individual, which is sometimes inappropriately labeled.
A HISTORY OF CONTEMPT FOR WOMEN
Patrick Judd has a history of abuse of and contempt for women. One example is the Danielle Cozaihr case. Last December CVESD was ordered to pay $1 million for Lowell Billings' and Patrick Judd's actions against a young teacher who made the mistake of having a baby at a program improvement school.
Another example of Judd's misplaced loyalties is the Fred Kamper case.
Several months ago I became aware of a rumor that former Mountain Empire School District superintendent Patrick Judd had been accused of sexual harrassment, but I didn't print it because it was simply a rumor. Judd went on some kind of leave early in 2008, then never went back to work, and retired in June. One Mountain Empire board member, apparently someone trying to cover for Judd, said that he was on sick leave.
JUDD REFUSES TO BE ACCOUNTABLE TO VOTERS ABOUT SEVERAL VERY SERIOUS ISSUES
Judd said it wasn't sick leave, but he wouldn't say what it was. Yet Judd had the nerve to run for re-election as trustee of Chula Vista Elementary School District, apparently on a platform of silence. This much is clear: Judd does not believe in openness or honesty.
And neither does Lowell Billings, superintendent of CVESD.
Lowell Billings (photo at left) is Judd's employee in CVESD. But the reverse relationship holds true at The Accelerated School (TAS) in Los Angeles, where Billings is on the board. Apparently Billings felt sympathy for Judd, or political obligation to Judd, and hired Judd as a consultant at the Accelerated (Charter) School.Recently I read a letter written to the San Diego Union Tribune. It said in part:
"...Every educator in Mt Empire and the entire east county seems to be aware that the former Superintendent (P. J.) did not go out on sick leave because of an illness, but rather because of the same type of claim that Mr. Sandoval, Mr. Lopez and Mr. Poveda would be familiar with, he was not sick rather he was in hot water. You should ask some questions in Mt. Empire and perhaps request a copy of the claim..."
I am inclined to differentiate between true sexual harrassment, the abuse or exploitation of a human being, and the less serious problem of enthusiastic admiration of an attractive individual, which is sometimes inappropriately labeled.
A HISTORY OF CONTEMPT FOR WOMEN
Patrick Judd has a history of abuse of and contempt for women. One example is the Danielle Cozaihr case. Last December CVESD was ordered to pay $1 million for Lowell Billings' and Patrick Judd's actions against a young teacher who made the mistake of having a baby at a program improvement school.
Another example of Judd's misplaced loyalties is the Fred Kamper case.
Sunday, October 19, 2008
John McCain and the CVESD board--which one fomented hysteria?
Why didn't CVESD board membersw or CVE leaders Jim Groth and Peg Myers act more like John McCain when the rumor was going around that a teacher at Castle Park Elementary was on the verge of committing mass murder?
Here's what John McCain said:
"No. No, ma'am. He's a decent family man with whom I happen to have some disagreements."
McCain said this to a woman in Minnesota who said she was scared of Barack Obama because "he's an Arab."
Both the district and the teachers union was determined to keep the Castle Park Elementary staff functioning like serfs during the Dark Ages, uneducated, superstitious, prone to hysteria.
Here's what John McCain said:
"No. No, ma'am. He's a decent family man with whom I happen to have some disagreements."
McCain said this to a woman in Minnesota who said she was scared of Barack Obama because "he's an Arab."
Both the district and the teachers union was determined to keep the Castle Park Elementary staff functioning like serfs during the Dark Ages, uneducated, superstitious, prone to hysteria.
Wednesday, October 15, 2008
CVESD and Maura Larkins: a summary of the case
>Many people have told me that my case is so complicated that they simply don't understand it. They have asked for a summary, and here it is.
Maura Larkins v. CVESD was the result of an odd confluence of circumstances, and at the same time it was a typical event in the system that prevails at many schools across the United States. This system values politics and personal loyalty among adults over the duty to educate and protect children.
MY EX-SISTER-IN-LAW WANTED TO BE MANAGER OF MY FATHER'S APARTMENTS
I had been teaching at Chula Vista Elementary
School District for 27 years when the problem began.
It started with a family problem: I was
co-administrator of my father's estate,
and one of my brothers was secretly
unhappy about it. He and his ex-wife decided
to use the police to remove me from my position.
MY TROUBLED EX-SISTER-IN-LAW IS TAKEN SERIOUSLY BY THE DISTRICT
I was removed from my classroom
on February 12, 2001 due to a false police report
(see "A False Police Report" on this page)
made by my mentally-ill and substance-abusing
ex-sister-in-law. However, the district didn't
want to admit this, since using the
illegally-obtained police report
(no charges were filed against me)
was a misdemeanor.
THE DISTRICT DECIDES TO COVER-UP ITS MISTAKE
There is no chance that the district
would have been charged with a crime
for its silly little misdemeanor
(Labor Code section 432.7), but the district
decided it would rather spend $100,000s
of tax dollars to pay its lawyers to cover up the mistake
than to simply admit it made a mistake.
THE DISTRICT COMES UP WITH A STORY
The reason given by the district for my removal was that
two teachers had called assistant superintendent Richard Werlin
at home on a Saturday evening and said they believed
I might be about to kill them. Oddly, the district
created NO DOCUMENT at this time to explain
the reason I was removed from my classroom,
nor did it investigate the alarming report.
THE DISTRICT CHANGES ITS STORY
Within a month, the district changed its story,
saying that only one teacher, Jo Ellen Hamilton,
had called Richard Werlin about me. Hamilton later
testified under oath that she had simply called
Werlin at his invitation to discuss a planned meeting.
THE FAX THAT CAUSED CVESD TO DO AN ABRUPT ABOUT-FACE
On April 3, 2001 I sent a
fax to the district. The next day I was abruptly
asked to return to work, and at the
same time the district belatedly
prepared a document to explain why
I had been removed from my classroom
in the first place. The document
contained a new, completely false
accusation by Richard Werlin and
never mentioned the teacher reports.
I GO BACK TO WORK
I went back to teach in April 2001 because
it seemed clear that my accusers had
been deemed unreliable (either crazy
or dishonest or some combination of the two),
and I assumed that the fabricated excuse in
Richard Werlin's document , was merely
an effort by an embarrassed human resources director
to cover up his mistake.
But I was wrong. It was more than a cover-up;
it was, in fact, a set-up.
BIZARRE NEW ALLEGATIONS
A week after returning, Linda Watson, one of the
teachers who had accused me earlier,
and a new accuser who made a written report,
came forward with bizarre allegations.
AN IMPENDING ELECTION CAUSED THE TEACHERS UNION TO ABANDON ITS OBLIGATIONS
I did not know it at the time, but the teachers
union, Chula Vista Educators, was
working with my accuser Linda Watson. CVE President
Gina Boyd had worked at my school until 1995, and
although she did not share the motivations
of her friends at Castle Park Elementary,
she was running for reelection and felt she
needed to keep them happy in order to win.
This effort was supported by California Teachers
Association Board of Directors member Jim Groth.
Richard Werlin, with the approval of the cabinet
(including Libia Gil and Lowell Billings),
had triggered an all-out hysteria at my school.
Two staff members told me that many teachers were afraid
that I was "going to come to school and shoot everybody.”
DISTRICT DOESN'T BOTHER TO INVESTIGATE MASS MURDER RUMOR THAT CAUSES HYSTERIA AMONG TEACHERS
Without making any effort to
establish that a Columbine-type
event was not in the offing, the
district demanded that I come back
to work in September of 2001. This
time I refused.
My lawyer demanded an investigation
to clear my name and cool down the crucible
that Castle Park Elementary had become, but
the district refused. It was clear that anyone
could make any accusation against me, and it
would be believed and acted on: I was not
safe at work.
SCHOOL ATTORNEY MARK BRESEE GETS HELP FROM DANIEL SHINOFF
Attorney Mark Bresee, who was then working with
Parham & Rajcic and was recently chosen as chief counsel
for Terry Grier at SDUSD, had been giving legal advice
to CVESD up to this point.
When I filed a tort claim on October 4, 2001, attorney Diane Crosier and claims adjuster Rodger Hartnett of San Diego County Office of Education Joint Powers Authority, along with their favorite attorney, Daniel Shinoff of Stutz, Artiano Shinoff & Holtz, became involved.
THE DISTRICT RETALIATES WHEN I FILE GRIEVANCES
I filed 3 grievances on November 13, 2001. The very next day the
district threatened me with dismissal. This was a violation of
the Elementary Education Relations Act (EERA) and other laws.
The district took no action on its
threats, however, until I filed a
lawsuit on March 12, 2002. On May
7, 2002 Patrick Judd, Cheryl Cox,
Pamela Smith, Bertha Lopez and
Larry Cunningham voted to dismiss
me, thus violating California Labor
Code section 1102.5 which prohibits
retaliation against employees for
reporting wrongdoing. This was also
a violation of the constitutional right
to petition for redress of grievances.
THE OFFICE OF ADMINISTRATIVE HEARINGS SEEMS TO HAVE A GIFT FOR COMEDY
My dismissal was upheld by the
Office of Administrative Hearings.
Judge H. James Ahler conducted
a hearing that was almost as comical
as it was illegal. At one point
Judge Ahler jumped up and
ordered the panelists to join him in a
side room, where he told them to
disregard my testimony. I heard his
words because I was sitting on the
witness stand a few feet from him.
The court reporter and all the rest of us
sat at attention during the ten
minutes the panel was in the little
room, but the judge's words were
not included in the transcript
because the reporter couldn't hear
them.
The school district spent many tax
dollars, and the California Teachers
Association spent plenty of teachers'
dues, to get my lawsuit thrown out.
Perjury by employees was also
required, but the effort seemed to pay off
for the district and CTA when my lawsuit was
dismissed in 2005.
DISTRICT LAWYERS BRING THE CASE BACK TO COURT IN 2007
As fate would have it, however, my case
is back in court. CVESD’s law firm,
Stutz, Artiano, Shinoff & Holtz,
brought this case back to San Diego Superior Court
in 2007 by filing a defamation suit against me
for publishing this website.
So it’s still possible that justice and sanity
will find their way back to Chula Vista Elementary
School District.
by Maura Larkins
Maura Larkins v. CVESD was the result of an odd confluence of circumstances, and at the same time it was a typical event in the system that prevails at many schools across the United States. This system values politics and personal loyalty among adults over the duty to educate and protect children.
MY EX-SISTER-IN-LAW WANTED TO BE MANAGER OF MY FATHER'S APARTMENTS
I had been teaching at Chula Vista Elementary
School District for 27 years when the problem began.
It started with a family problem: I was
co-administrator of my father's estate,
and one of my brothers was secretly
unhappy about it. He and his ex-wife decided
to use the police to remove me from my position.
MY TROUBLED EX-SISTER-IN-LAW IS TAKEN SERIOUSLY BY THE DISTRICT
I was removed from my classroom
on February 12, 2001 due to a false police report
(see "A False Police Report" on this page)
made by my mentally-ill and substance-abusing
ex-sister-in-law. However, the district didn't
want to admit this, since using the
illegally-obtained police report
(no charges were filed against me)
was a misdemeanor.
THE DISTRICT DECIDES TO COVER-UP ITS MISTAKE
There is no chance that the district
would have been charged with a crime
for its silly little misdemeanor
(Labor Code section 432.7), but the district
decided it would rather spend $100,000s
of tax dollars to pay its lawyers to cover up the mistake
than to simply admit it made a mistake.
THE DISTRICT COMES UP WITH A STORY
The reason given by the district for my removal was that
two teachers had called assistant superintendent Richard Werlin
at home on a Saturday evening and said they believed
I might be about to kill them. Oddly, the district
created NO DOCUMENT at this time to explain
the reason I was removed from my classroom,
nor did it investigate the alarming report.
THE DISTRICT CHANGES ITS STORY
Within a month, the district changed its story,
saying that only one teacher, Jo Ellen Hamilton,
had called Richard Werlin about me. Hamilton later
testified under oath that she had simply called
Werlin at his invitation to discuss a planned meeting.
THE FAX THAT CAUSED CVESD TO DO AN ABRUPT ABOUT-FACE
On April 3, 2001 I sent a
fax to the district. The next day I was abruptly
asked to return to work, and at the
same time the district belatedly
prepared a document to explain why
I had been removed from my classroom
in the first place. The document
contained a new, completely false
accusation by Richard Werlin and
never mentioned the teacher reports.
I GO BACK TO WORK
I went back to teach in April 2001 because
it seemed clear that my accusers had
been deemed unreliable (either crazy
or dishonest or some combination of the two),
and I assumed that the fabricated excuse in
Richard Werlin's document , was merely
an effort by an embarrassed human resources director
to cover up his mistake.
But I was wrong. It was more than a cover-up;
it was, in fact, a set-up.
BIZARRE NEW ALLEGATIONS
A week after returning, Linda Watson, one of the
teachers who had accused me earlier,
and a new accuser who made a written report,
came forward with bizarre allegations.
AN IMPENDING ELECTION CAUSED THE TEACHERS UNION TO ABANDON ITS OBLIGATIONS
I did not know it at the time, but the teachers
union, Chula Vista Educators, was
working with my accuser Linda Watson. CVE President
Gina Boyd had worked at my school until 1995, and
although she did not share the motivations
of her friends at Castle Park Elementary,
she was running for reelection and felt she
needed to keep them happy in order to win.
This effort was supported by California Teachers
Association Board of Directors member Jim Groth.
Richard Werlin, with the approval of the cabinet
(including Libia Gil and Lowell Billings),
had triggered an all-out hysteria at my school.
Two staff members told me that many teachers were afraid
that I was "going to come to school and shoot everybody.”
DISTRICT DOESN'T BOTHER TO INVESTIGATE MASS MURDER RUMOR THAT CAUSES HYSTERIA AMONG TEACHERS
Without making any effort to
establish that a Columbine-type
event was not in the offing, the
district demanded that I come back
to work in September of 2001. This
time I refused.
My lawyer demanded an investigation
to clear my name and cool down the crucible
that Castle Park Elementary had become, but
the district refused. It was clear that anyone
could make any accusation against me, and it
would be believed and acted on: I was not
safe at work.
SCHOOL ATTORNEY MARK BRESEE GETS HELP FROM DANIEL SHINOFF
Attorney Mark Bresee, who was then working with
Parham & Rajcic and was recently chosen as chief counsel
for Terry Grier at SDUSD, had been giving legal advice
to CVESD up to this point.
When I filed a tort claim on October 4, 2001, attorney Diane Crosier and claims adjuster Rodger Hartnett of San Diego County Office of Education Joint Powers Authority, along with their favorite attorney, Daniel Shinoff of Stutz, Artiano Shinoff & Holtz, became involved.
THE DISTRICT RETALIATES WHEN I FILE GRIEVANCES
I filed 3 grievances on November 13, 2001. The very next day the
district threatened me with dismissal. This was a violation of
the Elementary Education Relations Act (EERA) and other laws.
The district took no action on its
threats, however, until I filed a
lawsuit on March 12, 2002. On May
7, 2002 Patrick Judd, Cheryl Cox,
Pamela Smith, Bertha Lopez and
Larry Cunningham voted to dismiss
me, thus violating California Labor
Code section 1102.5 which prohibits
retaliation against employees for
reporting wrongdoing. This was also
a violation of the constitutional right
to petition for redress of grievances.
THE OFFICE OF ADMINISTRATIVE HEARINGS SEEMS TO HAVE A GIFT FOR COMEDY
My dismissal was upheld by the
Office of Administrative Hearings.
Judge H. James Ahler conducted
a hearing that was almost as comical
as it was illegal. At one point
Judge Ahler jumped up and
ordered the panelists to join him in a
side room, where he told them to
disregard my testimony. I heard his
words because I was sitting on the
witness stand a few feet from him.
The court reporter and all the rest of us
sat at attention during the ten
minutes the panel was in the little
room, but the judge's words were
not included in the transcript
because the reporter couldn't hear
them.
The school district spent many tax
dollars, and the California Teachers
Association spent plenty of teachers'
dues, to get my lawsuit thrown out.
Perjury by employees was also
required, but the effort seemed to pay off
for the district and CTA when my lawsuit was
dismissed in 2005.
DISTRICT LAWYERS BRING THE CASE BACK TO COURT IN 2007
As fate would have it, however, my case
is back in court. CVESD’s law firm,
Stutz, Artiano, Shinoff & Holtz,
brought this case back to San Diego Superior Court
in 2007 by filing a defamation suit against me
for publishing this website.
So it’s still possible that justice and sanity
will find their way back to Chula Vista Elementary
School District.
by Maura Larkins
Wednesday, October 08, 2008
Following the Money Trail at Sweetwater Union High School District
If you are one of the people who has been wondering why Sweetwater Union High School District built two gyms for $10 million each while classrooms were overcrowded and inadequate, you will be happy to read SAVE SWEETWATER, a website on which one can find some hard evidence about what is going on.
SUHSD has long been famous for corruption. Chula Vista Elementary has only recently come to rival Sweetwater's reputation.
Mary Anne Weegar and Ed Brand at Sweetwater Union High School District
Sweetwater Union High School District is being faced with a hostile takeover effort by Bertha Lopez, a Chula Vista Elementary Board member and, in that capacity, a fan of lawyer Daniel Shinoff of Stutz, Artiano Shinoff & Holtz, who litigated the Mary Anne Weegar case (below). Bertha has spent $100,000s on Shinoff's firm to cover up wrongdoing at CVESD, and it appears that she can be counted on to do the same at SUHSD. Sweetwater would do well to keep current trustee Jaime Mercado, and let Bertha continue her work with the cynical incumbents at CVESD.
From the SAVE SWEETWATER website
$678,000 Worth of Wrongful Termination
Mary Anne Weegar was the head of categorical programs for the Sweetwater Union High School District until 1999. Categorical programs are programs and money allocated for specific educational purposes by both the state and federal governments. Sweetwater received over $2.5 million in categorical aid from the Federal government and over $4.5 million from the state of California in fiscal year 2001. There are stringent requirements on how categorical money can be used and Weegar attempted to see that the money was spent properly. This was not appreciated by those above her and her authority as watchdog over categorical spending was slowly eroded. A computer whiz student aide who helped Weegar with her computers noticed a form in the Superintendent’s part of the computer network called “Reacquiring of categorical funds” When it was discovered that someone had accessed this part of the network, Weegar was locked out of her office, forced to retire,and the young computer whiz was accosted in the parking lot by a well known Sweetwater sociopath and threatened with denial of graduation. The young man’s father was a cop and soon straightened that out, but Weegar was out of a job and soon filed a wrongful termination lawsuit against the District.
The main witnesses called from the district were Superintendent Ed Brand and Chief Financial Officer Barry Dragon. Dragon was formerly with Arthur Anderson and when he was asked recently by a concerned citizen what the Superintendent’s annual salary was, ($200,000), since no one else at the District Office knew, he reacted as if the concerned citizen had threatened to crash a plane into the District Office. When reminded that he and the Superintendent were public servants and that their salaries were from public funds, his venom and hostility subsided and he belatedly divulged the evidently little known fact that Brand (at $200,000 per year) makes more than the Governor of California ($175,000 per year).
When Brand testified, he stated that he had a vast and thorough knowledge of all of Sweetwater’s policies and regulations, but when asked which policy gave him the authority to lock Weegar out of her office, he sat slack-jawed and speechless for over a minute and never could come up with any legal justification for locking out the 30 year veteran employee.
From the SAVE SWEETWATER website
$678,000 Worth of Wrongful Termination
Mary Anne Weegar was the head of categorical programs for the Sweetwater Union High School District until 1999. Categorical programs are programs and money allocated for specific educational purposes by both the state and federal governments. Sweetwater received over $2.5 million in categorical aid from the Federal government and over $4.5 million from the state of California in fiscal year 2001. There are stringent requirements on how categorical money can be used and Weegar attempted to see that the money was spent properly. This was not appreciated by those above her and her authority as watchdog over categorical spending was slowly eroded. A computer whiz student aide who helped Weegar with her computers noticed a form in the Superintendent’s part of the computer network called “Reacquiring of categorical funds” When it was discovered that someone had accessed this part of the network, Weegar was locked out of her office, forced to retire,and the young computer whiz was accosted in the parking lot by a well known Sweetwater sociopath and threatened with denial of graduation. The young man’s father was a cop and soon straightened that out, but Weegar was out of a job and soon filed a wrongful termination lawsuit against the District.
The main witnesses called from the district were Superintendent Ed Brand and Chief Financial Officer Barry Dragon. Dragon was formerly with Arthur Anderson and when he was asked recently by a concerned citizen what the Superintendent’s annual salary was, ($200,000), since no one else at the District Office knew, he reacted as if the concerned citizen had threatened to crash a plane into the District Office. When reminded that he and the Superintendent were public servants and that their salaries were from public funds, his venom and hostility subsided and he belatedly divulged the evidently little known fact that Brand (at $200,000 per year) makes more than the Governor of California ($175,000 per year).
When Brand testified, he stated that he had a vast and thorough knowledge of all of Sweetwater’s policies and regulations, but when asked which policy gave him the authority to lock Weegar out of her office, he sat slack-jawed and speechless for over a minute and never could come up with any legal justification for locking out the 30 year veteran employee.
For some board members at Sweetwater Union High School District, it's not about the kids
For many school board members, keeping their power and position is more important than the education of students. Few board members can hold a candle to Jim Cartmill, the favored recipient of developer dollars in Sweetwater Union High School District.
Board member Jaime Mercado has opposed the shameful use of bond money to build two gyms for $20 million instead of building classrooms, the advertised purpose of the bond.
San Diego Magazine
February 2003
Walking the Districts
By Thomas K. Arnold
...In November 2000, South Bay voters approved a $187 million bond measure to pay for improvements at 21 middle and high schools through a property tax surcharge for 25 years. But more than two years later, the only big-ticket projects that have been completed are new gymnasiums at Mar Vista High in Imperial Beach and Sweetwater High in National City.
Officials with the Sweetwater Union High School District, with nearly 38,000 students, maintain the two gyms—each costing more than $10 million—were put on the fast track at the behest of committees of students, parents, teachers and community members. But that hasn’t silenced critics like Bryan Felber, a graduate of district schools who lost his bid for a seat on the Sweetwater board in last November’s election (in which all three incumbents won).
Felber believes it’s time for an outside audit to determine where, exactly, all the Proposition BB money is going. He accuses trustees of building the gyms as a “monument” to impress the community. “Everyone sees the gyms right away, at basketball games and rallies,” he says, “while the community at large can’t go into classrooms. This way, they can point to the gyms, say, ‘Look at what we’ve done’ and pat themselves on the back.”
Meanwhile, conditions are steadily worsening at South Bay schools. Parents in the community of EastLake say their 10-year-old high school is woefully inadequate for the population explosion occurring in the area. Enrollment exceeds the school’s capacity of 2,400 by more than 1,000, and at the beginning of this school year, students were forced to sit on window ledges because there weren’t enough chairs. Sixteen classroom trailers have since been moved on campus to help alleviate overcrowding.
Similar overcrowded conditions exist at Rancho del Rey Middle School, while teachers at Chula Vista Middle School have drawn picket lines to protest the building of an administration center before a new cafeteria to replace the previous one, which had burned down. There’s also grumbling over the fact that a new high school was built in San Ysidro before one in Otay Mesa that was supposed to be built first. The San Ysidro school opened with just 576 students.
“The number-one question I heard when I was out walking precincts,” Felber says, “is ‘Where are the funds? Why aren’t they building classrooms?’”
Board member Jim Cartmill responds, “We formed community-based committees to determine priorities at each school site. Because of the logistics of moving students during construction and the needs of the schools, Sweetwater and Mar Vista opted to build their gyms first, with classrooms attached. The next phase will include additional classrooms and infrastructure improvements.”...
Board member Jaime Mercado has opposed the shameful use of bond money to build two gyms for $20 million instead of building classrooms, the advertised purpose of the bond.
San Diego Magazine
February 2003
Walking the Districts
By Thomas K. Arnold
...In November 2000, South Bay voters approved a $187 million bond measure to pay for improvements at 21 middle and high schools through a property tax surcharge for 25 years. But more than two years later, the only big-ticket projects that have been completed are new gymnasiums at Mar Vista High in Imperial Beach and Sweetwater High in National City.
Officials with the Sweetwater Union High School District, with nearly 38,000 students, maintain the two gyms—each costing more than $10 million—were put on the fast track at the behest of committees of students, parents, teachers and community members. But that hasn’t silenced critics like Bryan Felber, a graduate of district schools who lost his bid for a seat on the Sweetwater board in last November’s election (in which all three incumbents won).
Felber believes it’s time for an outside audit to determine where, exactly, all the Proposition BB money is going. He accuses trustees of building the gyms as a “monument” to impress the community. “Everyone sees the gyms right away, at basketball games and rallies,” he says, “while the community at large can’t go into classrooms. This way, they can point to the gyms, say, ‘Look at what we’ve done’ and pat themselves on the back.”
Meanwhile, conditions are steadily worsening at South Bay schools. Parents in the community of EastLake say their 10-year-old high school is woefully inadequate for the population explosion occurring in the area. Enrollment exceeds the school’s capacity of 2,400 by more than 1,000, and at the beginning of this school year, students were forced to sit on window ledges because there weren’t enough chairs. Sixteen classroom trailers have since been moved on campus to help alleviate overcrowding.
Similar overcrowded conditions exist at Rancho del Rey Middle School, while teachers at Chula Vista Middle School have drawn picket lines to protest the building of an administration center before a new cafeteria to replace the previous one, which had burned down. There’s also grumbling over the fact that a new high school was built in San Ysidro before one in Otay Mesa that was supposed to be built first. The San Ysidro school opened with just 576 students.
“The number-one question I heard when I was out walking precincts,” Felber says, “is ‘Where are the funds? Why aren’t they building classrooms?’”
Board member Jim Cartmill responds, “We formed community-based committees to determine priorities at each school site. Because of the logistics of moving students during construction and the needs of the schools, Sweetwater and Mar Vista opted to build their gyms first, with classrooms attached. The next phase will include additional classrooms and infrastructure improvements.”...
Sweetwater: The Best School Board Money Can Buy?
If you are one of the people who has been wondering why Sweetwater Union High School District built two gyms for $10 million each while classrooms were overcrowded and inadequate,
SUHSD has long been famous for corruption. Chula Vista Elementary has only recently come to rival Sweetwater's reputation.
SAVE SWEETWATER is a website on which one can find some hard evidence about what is going on.
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