Will CUSD Taxpayers Foot The Bill For Fleming's Legal Defense?

Talk about shameless.

At tonight's Capistrano Unified School District board meeting, CUSD staff will ask the Board of Trustees to agree to pay former Superintendent Fleming's legal costs related to his troubles with the Grand Jury.

It's Item 42 on tonight's agenda (h/t to the CUSD Recall Committee):

The district has received a request from an attorney on behalf of retired Superintendent Dr. James A Fleming for a legal defense of the Superintendent with respect to the various criminal allegations which are currently being presented to the Grand Jury.

Here's the retainer agreement from Fleming's attorney, Ronald G. Brower. Brower is asking CUSD taxpayers to pay him $400 per hour:

Costs (investigation, expert witness, etc.) shall be advanced by client; if advanced by attorney, then client shall pay as soon as billed. Estimated costs unknown (emphasis in the original)

Isn't that lovely. I'll but the incumbent Trustees are delighted at the prospect of regular agenda items into the foreseeable future, asking them to pay huge attorney's bills on behalf of the disgraced former Superintendent who insists on dragging them into political oblivion.

It will be interesting to see the outcome. Will the Trustees go down with the ship? Or will they make a belated attempt to save their own skins and simultaneously spare taxpayers from continuing to pay the price -- literally - for Fleming's misdeeds. As a recall activist tolds me: "Keep in mind, the seven CUSD Trustees are also under criminal investigation.  Fleming has the dirt on them, so if they don't protect Fleming, he'll turn on them.  The question is, who will protect the taxpayers?"

By the way, take a moment to visit to website of Fleming's $400-per-hour attorney, Ronald G. Brower. You can review the distinguished list of Brower's clients -- an august roster Fleming will be joining.

Comments

[redperegrine]

Yes, there's bound to be a deal among co-conspirators. I doubt the item would even make the agenda if the board had not been "polled" ahead of time. A sad day for the parents, kids and taxpayers of CUSD, indeed.

And let's not forget the role of Rutan & Tucker in this dereliction of responsibility to the public trust.

Fleming is shameless...and so are the Trustees. Very sad. Someone needs to report Rutan & Tucker to the California State Bar.

[So shook up, I posted to the wrong thread!!!!]

This would be suicide for the CUSD Trustees.
Plus the fact this Guy is a "CRIMINAL DEFENSE SPECIALIST"...

Besides, if Crystal Kochendorfer is smart, she better save Brower for her OWN criminal case likely to come out of Flemings Public Flogging.

I mean come on, who out there does not think Fleming is going to mount a "Nuremburg" defense and throw the Trustees under the bus???

Besides, DLeming as pulling down what, $300K A YEAR for the last decade or more??? He drives a Buick for Christ's sake!!! His very humble lifestyle should mean a Golden Parachute awaiting.

I noticed on another thread that the CUSD Trustee's "special counsel" the attorney who defended the kid porn judge sometime back.

So now we have a school board using a lawyer that defends child pornographers?

These people have absolutely no shame.

[Seneca]

This is a perfect example of how a sense of entitlement has proliferated the CUSD board and executive office. Fleming has been in his position of comfort for so long, I don’t even know if he thinks it is the slightest bit wrong to use public funds for his personal defense. This is a very telling sign when an individual who knows he is very much in the public eye and scrutiny does not flinch to ask for district funds for a personal battle, is this a red flag to past behavior and a sense of entitlement to district money?

[Another Volunteer]

This is so typical of these corrupt CUSD trustees.

First, Marlene Draper claimed the Board of Trustees investigated the allegations about Fleming's "enemies lists," but quickly found nothing.

Second, after more revelations by former district spokesperson David Smollar and the press about Fleming and the Trustees, the Trustees asked district counsel Rutan & Tucker to find an "independent" investigator to investigate Fleming's (not their own) alleged wrongdoings. Rutan & Tucker found and recommended, and the CUSD Trustees hired, Stuart Waldrip, a retired judge and (not surprisingly) former senior partner of Rutan & Tucker, at $400 per hour. Not so "independent" after all, but predictable coming from Rutan & Tucker, a major stakeholder in this mess with millions in future legal fees on the line.

The district's only excuse is that Waldrip was with Rutan & Tucker before Rutan & Tucker began to represent CUSD. Now that's not very comforting when, as a former 13-year senior partner, Waldrip likely developed relationships and loyalties that now could influence an investigation with the potential to implicate Rutan & Tucker, jeopardize their contract with CUSD and deny them millions of dollars in prospective legal fees.

Third, now the Trustees hire Brower, another legal beagle from the $400 Per Hour Club, to defend Fleming against issues raised before the Grand Jury -- issues which likely involve criminal behavior by Fleming that go beyond the scope of his employment. This is outrageous, and is made all the more suspicious since it has already been confirmed that the Trustees participated in blatant open meeting law violations with Fleming.

Fourth, it's also rumored that Alan Stokke, the famous criminal attorney originally hired by the district in connection with the Grand Jury matter, has withdrawn and no longer represents CUSD. It would be very intersting to know why, because with this group's high tolerance for conflicts of interest and other questionable ethical practices, something either smelled so bad or was so embarrassing that even CUSD had to yield.

This certainly raises some interesting questions for Interim Superintendent Charles McCully. Let's see whether he is able to stay truly independent or gets tarnished by this tar baby like so many others before him.

I hope the D.A. presses this case and, if justified, we see indictments soon.

[Wally]

In response to Another Volunteer:

It's more than a rumor that Stokke had to bow out of the CUSD circus. CUSD has another Agenda Item (#9) on the Consent Calendar tonight to approve Stokke's replacement -- Paul Meyer -- another $400/hr criminal defense attorney -- to represent the CUSD employees appearing in front of the grand jury.

Interestingly and even more appalling, it looks like the taxpayers are paying for multiple attorneys for the employees. The way this agenda item is written, Meyer will be "assisting" David Larsen from Rutan & Tucker in this matter. It sounds like both attorneys get to bill for their time.

What happened to the Trustee's Kids First mantra?

It's unconscionable to see the taxpaying public having to pay for all of CUSD's top notch criminal defense attorneys with money that would otherwise go to the classrooms. Shame on the Trustees and shame on Fleming.

I wonder how many of these employees would be spending $400/hr on attorneys if they had to pay for this themselves?

[Another Volunteer]

To Wally:

Thanks for the clarification. This stuff just keeps piling up deeper and deeper at CUSD. I'd still like to find out why Stokke withdrew, though. CUSD made a big deal about hiring him in an OCR article written by reporter John McDonald on August 16th. However, nothing was reported about his withdrawal or replacement.

[Flush Fleming]

Fleming is the same "public servant" who spoke on "behalf" of the CUSD against El Toro Airport in the L.A. Times.
Reportedly, the district violated campaign laws by sending school children home with anti airport hysteria propoganda.
So let's have 9500 homes in the so called "Great Park" and drive to LAX for a decent selection of flights.

He is now getting some Karmic Payback