Former Capistrano Unified School District Superintendent James A. Fleming has filed a lawsuit against the district, alleging officials reneged on a deal that would have seen CUSD pay his legal fees in exchange for his resignation.
Fleming was Superintendent until 2006, when he and Assistant Superintendent Susan McGill were indicted by the Orange County Jury for allegedly using district resources to investigate who was involved in an attempted recall against all seven CUSD trustees.
But courts later ruled it was within Fleming's duties to find out who was unhappy with CUSD, and why. Additionally, the courts pointed out that so-called "enemies lists" compiled by the district seemed more the work of one-time (and, Fleming alleges, disgruntled) CUSD communications director David Smollar than Fleming.
All charges were ultimately dismissed against Fleming and McGill.
Fleming has also sued his former attorney, Ron Brower, for failing to get the deal in writing and for allegedly leading him to believe his legal fees would be repaid if he was acquitted.
In the filings, Fleming's attorneys say he was ready to continuing serving as Superintendent, but was talked into resigning by trustees. His resignation letter simply says "In order for the Board and the Superintendent to meaningfully plan for the future, the Superintendent will retire effective August 31, 2006."
The letter is signed by Fleming and then-trustee Marlene Draper.
In a letter to the district, an attorney for Fleming estimated his losses -- between back pay, legal fees and lost future income -- at $1.65 million.
Further, Fleming says his contract required the district to pay his legal expenses.
Here's the lawsuit:
I can't say I blame him, I can say I blame some hacks from RSM!
Posted by: Rhetorick | October 24, 2011 at 05:49 PM
I CAN say that I blame him. How much is enough? Fleming has enough to retire. He made the decision to resign, yet he is saying that he resigned due to counsel that he received at the time. Take responsibility, man! It is now becoming retributive and is a flagrant attempt to re-capture some of his dignity. It attempting to regain his dignity, he becomes as undignified as those you speak of in RSM.
Posted by: Fleming faus pax | October 25, 2011 at 07:38 PM
It was because of his actions, along with the terrible board we had back then, that Tony and company were able to install a board that was just as bad as the Fleming regime. He doesn't deserve a dime. I for one have not forgotten what a manipulative, scheming man that he was. David Smollar worked for him and did his dirty work. He should have taken the fall with him.
Posted by: a public school supporter | October 25, 2011 at 09:45 PM
"I for one have not forgotten what a manipulative, scheming man that he was."
Well said. And as another wise person said, "Those who cannot remember the past are condemned to repeat it."
Posted by: gj | October 26, 2011 at 09:09 AM
Are you talking about Tony Beall? He and his pals should pay back our kids.
Posted by: Pay CUSD back | October 26, 2011 at 12:00 PM
Tony Beall got his power from Fleming's bad deeds. Get a clue Pay CUSD Back!
Posted by: MVMom | October 26, 2011 at 02:10 PM
Beall, Russell, Reardon and friends promised to pay CUSD back if they won their suits. They received over $500,000 in settlements and they have conveniently been silent on returning the money they took out of the classrooms. I agree that the "Fleming board" helped create an environment that allowed Beall types to take over the board. We corrected that. With the glaring exceptions of Palazzo and Addonizio, the community has restored balance and sanity to the board. Let's agree to support a future where Bealls, Reardon AND Flemings aren't messing up our school district.
Posted by: Other thoughts | October 26, 2011 at 04:24 PM
I hope Flemming wins.....again
Posted by: fact finder | October 26, 2011 at 05:26 PM
There are no winners here. Fleming has every right to sue. He was wronged: by the Board, the D.A., the media, maybe his own lawyer. Bottom line is he broke no law and he was pressured out of an otherwise stellar career. In the end, the District will suffer, whether it is a financial loss or just more bad press.
The best case scenario is that we learn a lesson. Political games are expensive and the cost is passed on to our children. Grown-ups should not need to sue each other to address differences and police perceived grievances and even scores. When they do, kids pay.
When the "players of games past" are done/gone/out-of-the-picture, we can refocus on what should be our priority: educating our children. In the meantime, Fleming has every right to sue and the district must do what it can to defend itself. Call it the "cost of doing business" in a world that Tony Beall brought us.
Posted by: Reality Check | October 26, 2011 at 09:41 PM
You will see this same type of lawsuit once this whole coaching scandal is put to rest once the District Attorney decides that there was no wrong doing and charges will not be filed. I hope the CUSD or Farley has some deep pockets!
Posted by: Don't we all wish | October 26, 2011 at 10:54 PM