CUSD Election Lawsuit in the Courts

The attorney representing Capistrano Unified wasted no time in filing the lawsuit challenging a county committee's decision that an ballot measure to decide how Capistrano Unified trustees are elected go before voters in June.

The issue is whether trustees, who represent seven geographical areas in the district, should be elected at-large, as they are now, or only by voters in each specific area.

Trustees, who want the issue decided in November with any possible changes put off to 2012, voted December 15 to file a lawsuit. The document, by Newport Beach attorney Phillip B. Greer, was in court on December 17.

In the 10-page writ of mandate, the district argues the county board for school district reoganization exceeded its authority by setting the June election -- when parents want it, so any changes can be in place by November, when three trustees face re-election -- and that the entire process is fatally flawed because it does not allow for appeals.

Trustees have repeated cited budget concerns -- the June election will cost the district $489,000, while a November vote would cost $8,500, although supporters of the change say subsequent elections will get less expensive because fewer voters are casting ballots for each trustee, so each election will not have to encompass all of the 200,000 voters in the district. If each trustee area had about 30,000 voters, for example, only 90,000 voters would participate in an election for three trustees.

The lawsuit goes on to say the June decision should be overturned because the panel that considered the date includes two former CUSD Trustees, Sheila Benecke and Shelia Henness. (The lawsuit incorrectly says they were both recalled. Henness was not.) Their participation, the suit alleges, creates a conflict of interest. (Usually, a conflict of interest is only present when an elected official benefits financially from a decision.)

No hearing date has been set yet. Stay tuned.

Here's a copy of the writ, which is assigned to Judge Gregory Lewis.

Download Election Lawsuit

Comments

[PuhLEEZ!]

Capistrano VALLEY Unified School District? Greer can't even get the name of the district right? Does that invalidate this ridiculous abuse of power and frivolous lawsuit that WE the TAXPAYERS have to pay for?

[fiscal responsibility]

I have an idea to save money. Instead of taxpayers paying for a catered dinner before each board meeting, trustees could enjoy a school lunch. Certainly, the same food that is served every day to students would be acceptable.

[sjdh]

PuLEEZ....the hole they are digging just gets deeper and deeper. Just look at it as another nail!

[RIF Raf]

Enough of the lawsuits already! What benefit do the students of CUSD get from this? While trustees choose to squander more district money:
- teachers and classrooms do have adequate supplies (copy paper needs to be donated in order to provide necessary instructional materials)
- effective and hard-working RIF'd teachers are unemployed or working as substitutes
- facilities (i.e., portables and restrooms) in disrepair are still not addressed

Trustess need to earn the public's trust. Try listening to the constituents and responding appropriately. In board meetings, relinquish your cell phones since at least one of you is unable to refrain from text messaging!

This district is becoming more of a joke - Restore the pride in CUSD now!!!

[SC DAD]

It simply amazes me that a change in election procedures these folks supported before they found themselves in charge, now is worth throwing scarce resources into a fight they really can’t win. Should they happen to “win” the lawsuit they would find themselves in the very uncomfortable position of trying to explain what was so important that they wasted time and money to do something they presumably supported when they ran for office? It just serves to confirm that the so called “recall” movement was based on very thin reforms and has served to simply tear apart one of the best large districts in the country.

They could come clean right now and ask for the waiver!! If they really feel they are the right team for the job they should be able to garner those votes that they keep bragging about!!!

[2010 can't come soon enough]

These trustees are a joke and they know it. That's why they are pulling out all the stops on this to save their seats for one more term. Not a one of them has a chance of ever being re-elected!

[Change is in the air]

And that is precisely why they want the election in November.

[Worried Parent in SC]

Copied straight from the CUSD website:

CUSD’s mission, in partnership with the home and our richly diverse community, is to educate students and to assist them in realizing their full potential as responsible, productive, and contributing members of society by providing an educational environment in which students are challenged, excellence is expected, and differences are valued.

This lawsuit does nothing to help educate or assist the students in CUSD. Did the district request input from the CUSD stakeholders – parents, teachers, administrators, taxpayers, etc…. – prior to filing the lawsuit? Of course not. I hope the judge dismisses this case.

As someone who is being paid $350 per hour, Mr. Greer, you should invest in a spell check program – CALIFORNIA, not CALIFONRIA – and a proofreader – Capistrano Unified School District, not Capistrano Valley Unified School District.

[sam]

The time to start going door to door informing voters of the mess our district is in has arrived. Parents, teachers, and concerned community members need to get organized now. The current trustees set up tables in front of stores in order to get their grievances out. We need to do the same. Our task will be much easier, since telling the truth is less complicated than spinning falsehoods. Let's rid the district of these inept fronts for the Education Alliance.

[Parent]

Sam,

Agree. Lets do it. If everyone helps we will clean up this mess (read: board.)