Move forward, Capo leader urges

The president of the Capistrano Unified School District board on Monday urged the community to move past recent controversies -- including the indictment of a former superintendent -- and work with current leaders to restore the system’s credibility.

“Any jackass can kick down a barn. But it takes a carpenter to build one,” said President Sheila Benecke at Monday night’s board meeting. “I’m asking all of you, everyone in this room, to strap on your tool belt and join us in building a positive climate in which to educate our children.”

Many of the South County district’s 56 schools are ranked among the state’s best, but the district has faced a string of recent controversies that included a failed attempt to recall all seven trustees; an Orange County Grand Jury probe; a raid of district headquarters by the district attorney; and the resignation of longtime Supt. James A. Fleming. The controversies created a schism in the community and prompted the election of three new trustees for the nearly 51,000-student district in November.

Last month, Fleming was charged with felony counts of misappropriating public funds, using district funds to influence an election and conspiracy to commit an act injurious to the public, all revolving around an enemies list he allegedly kept. He faces four years in prison if convicted. Retired Assistant Supt. Susan McGill was charged with perjury and conspiracy to commit an act injurious to the public and could face nearly five years in prison. Both are scheduled to be arraigned June 15.

Fleming’s indictment prompted designated new Supt. Dennis M. Smith, who was to begin July 1, to announce last week that he had changed his mind and was remaining at the Placentia-Yorba Linda Unified School District.

After meeting in closed session Monday night, trustees named Deputy Supt. Suzette Lovely as the acting superintendent and said they would immediately begin searching for an interim superintendent and then a permanent new leader of the district.

Scores of district critics and a few supporters packed the board’s meeting room, waiting hours to speak. Kathy Goff of Rancho Santa Margarita urged the four long-term trustees to step down. “It’s abundantly obvious to everyone, except you, that you failed miserably on all counts,” she said.

But Kitty Schmitt of San Clemente countered that a vocal minority was polarizing the community. “It needs to stop,” she said. “They’re not the majority. We need to work together.”

Trustees also discussed a package of reforms prompted by a district investigation into the controversies by retired Superior Court Judge Stuart Waldrip.

He found that trustees and administrators made decisions that were “ill-advised” and “imprudent” but that they stopped short of wrongdoing. Based on recommendations in the report, the district’s lawyers proposed revising policies about conflicts of interest, nepotism, competitive bidding, purchasing and use of district vehicles. A final vote is expected June 25.

Under the revisions, trustees and administrators could not vote on or participate in business relationships that affect their relatives.

District counsel David Larsen said that would prevent Trustee Marlene Draper from voting on contracts with a planning firm that employs her daughter, as she has done in the past, and keep district construction chief Mark Bauer from working with the plumbing firm that employs his wife. Bauer previously signed off on invoices his wife prepared.

The revisions also prohibit use of district vehicles for personal transportation.

District critics say the reforms do not go far enough and contain loopholes. The district should not contract with firms that employ district trustees, administrators or their relatives, Tom Russell, spokesman for the CUSD Recall Committee said before the meeting.

“This is a travesty,” he said. “This is exactly the kind of loose language that allows them the latitude and discretion to continue the same kinds of abuses they have historically committed.”

seema.mehta@latimes.com