Vol. 5, Issue 2, January 14-20, 2010



By Jonathan Volzke

San Clemente Times



CUSD Trustees Winsten and Lopez-Maddox targeted for recall



A parents’ group on Tuesday launched attempts to recall Capistrano Unified School District trustees Mike Winsten and Ken Lopez-Maddox, signaling no end in sight to five years of political rancor in the 52,000-student district.



Ironically, Maddox first gained his seat through a recall in June 2008. Additionally, the first signature on the new “notice to recall” was that of Capistrano resident Kevin Murphy, a leader in an unsuccessful attempt to recall all seven trustees in 2005 and a supporter of the 2008 recall.



“All of the things that we worked for, all of the things that were important to us, nothing’s changed,” Murphy said. “It’s a different cast of characters, but it’s the same issues that have always been there, unfortunately.”



The recall attempt is more fuel on a political fire burning in the district offices on Valle Road. Parents and trustees have been sparring over when to hold an election to determine how CUSD trustees are elected, trustees need to make $25 million more in budget cuts after years of deep reductions and trustees and teachers are locked in a bitter contract dispute that has spurred repeated public protests.



More than 300 people were in the board room when Frank Thomas Larkin presented the trustees with the intent to recall notices during the public comments section of Tuesday’s board meeting. Larkin is part of “Parents for Local Control,” a newly formed coalition of parents, teachers and community leaders.



“It is with deep sadness that I must inform you that the CUSD community is in rebellion,” Larkin told the trustees. “All of you must be removed from office…Trustees Winsten and Lopez-Maddox, you two have done enough damage and need to be stopped before you complete your terms.”



Larkin cited the district’s spending on legal issues and a decision to pay more than $650,000 in out-of-court settlements to campaign supporters who sued the district over

alleged political activity by former Superintendent James Fleming and other former employees.



The notices include reasons for the attempted recall and signatures from 10 proponents. In addition to Murphy, the document was signed by former CUSD Trustee Peter Espinosa, a Dana Point resident, as well as San Clemente resident James Sigafoos, who is active in the San Clemente High School Education Foundation.



Neither trustee, whose terms expire in 2012, showed any reaction as Larkin turned over the documents to the board’s clerk. The audience chanted “Recall, Recall, Recall” loudly several times. After the meeting, Winsten, who represents San Clemente, said recalls are part of the democratic process and that he welcomed a healthy debate on the issues.



“I was elected by a group of people who supported me, and I was opposed by a group of people who still oppose me,” Winsten said in an interview after the meeting. “It will have no impact on my work. I will do my work as I have always done my work in this position.”



As for voting to approve the settlement to recall/reform leaders Tony and Jennifer Beall, Winsten said he got a legal opinion that casting a vote would not be a conflict of interest—as critics contend—and that the settlement work was finished by the time he even saw it. It was also, he noted, signed by the former CUSD trustees and Fleming when he first saw it. He considered abstaining from the vote because of how it might appear to the public, but thought that would be playing politics.



Winsten and Lopez-Maddox have a week to file official, 200-word responses to the attempt if they choose, and that response would be included on the petitions as recall proponents attempt to gather the necessary 22,000 signatures—for each trustee—to put the issue before voters, likely in the November election. If that effort is successful, a majority of trustees would face voters in November, as Trustees Ellen Addonizio, Anna Bryson and Larry Christensen—the original ABC candidates following the first recall/reform attempt—are up for re-election then.



The 2005 recall attempt failed when the Registrar of Voters did not certify enough signatures were from registered voters in the district, and decided that recall supporters had erred when they filled in the voters’ addresses on some of the forms instead of making the signers fill out all of the information. In that case, however, recall supporters had to sign, and fill out, seven petitions, one for each trustee. The following recall attempt, in 2008, to remove Trustees Marlene Draper and Sheila Benecke, was successful in its signature drive and the women were removed and replaced by Maddox, who represents the Aliso Viejo area, and Sue Palazzo, who represents Ladera Rancho, Mission Viejo and a sliver of Capistrano.



And another difference this time around: the 2,200-member teachers’ union sat out the 2005 recall attempt and officially took a “neutral” stance in the 2008 recall. Vicki Soderberg, head of the Capistrano Unified Education Association, said members seem excited to get involved in this attempt.



“It’s a new day in Capistrano. The board’s actions, what they have done on their own, have demonstrated to teachers and the public alike this is not the reform we thought it would be,” Soderberg said. “This is a giant step backward. Teachers will be excited about getting out there and helping with the recall.”



Soderberg said trustees rankled teachers when they declared an impasse in contract negotiations before teachers believed there’d been any substantive discussion. The district has said a 10 percent pay cut is necessary; Soderberg said teachers are willing to take reductions, but the district wants them permanent, while the union says they should be temporary.



“We know we get through bad economic times, things are going to rebound,” she said. “We don’t want the school district to permanently suffer by reducing teacher salary and then suffer by not be able to recruit and retain the best teachers in the growing district.”



Teachers and the district are scheduled to meet with a neutral mediator for a “fact-finding” session at the end of January. The last time negotiations reached that point was in 2002. The mediator could help negotiate a settlement—as happened then—or issue a report with a recommendation. Trustees and teachers could ratify that recommendation, or the board could unilaterally impose a contract.



The difficulties have spurred teachers to take the street for public protests, including a march in front of Winsten’s Talega home. On Saturday, about 200 teachers were on the corners of Coast Highway and Del Obispo Street in Dana Point. Some had signs proclaiming “Restore Pride in CUSD,” while a large sign at Del Obispo Street and Coast Highway screamed “I Want My CUSD Back!” Still others read “Negotiate in Good Faith” and “Teachers Educate, Board Litigates.”



Erin Kutnick, who ran unsuccessfully for a trustee’s seat in 2008 and has worked with San Clemente resident Kevin Kirwan to change how trustees are elected, said a recall was a last resort. Her group, Children First, has focused on getting the CUSD election system changed so that voters in different areas of the district only vote for the trustee that would represent them, rather than all of the trustees as is now the case. Some trustees included that change in their campaigns, but did not move on any change until Children First forced the issue. Trustees then declined to get a waiver that would have seen the state make the change for free, and have sued a county committee that set a June election on the issue. A November election would cost about $20,000, while the June vote would cost more than $450,000.



But Kutnick and others on Wednesday were set to ask the county committee to change the election to November, to stop the district’s lawsuit against the Registrar of Voters, the county Department of Education, and the county committee on school district organization. That would mean if the recall signature-gathering is successful, five trustees would be on the ballot, along with the question of whether to elect by area.



“The lawsuit is taking public money from four separate agencies…When we made the request in September, we had every hope the trustees would apply for the wavier and save the money,” Kutnick said. “Trustees clearly do not want to represent the constituents…a recall is an unfortunate necessity.”



Some, however, seem to be wishing for an end to the rancor. Although not addressing the newest recall attempt, San Clemente resident Katie Calkins on Tuesday expressed dismay with the current climate and told trustees she has had positive experiences in the classroom, with board members and interim Superintendent Bobbi Mahler.



“As a concerned member of our district and school community, I have been very disheartened by what I have experienced, both in and outside this boardroom, during these difficult economic times.  While I believe we all have good intentions and want what is best for the children in our schools, collectively…this financial crisis has not brought out the best in us, to say the least,” Calkins said. “I have seen community members of every faction, including parents, teachers, administrators, and board members demonstrate disinterest, disrespect and hostility to one another. Indeed, it seems that we are repeatedly drawn to the lowest common denominator…and manage to be more rude, more dismissive and more accusatory then the last. I wonder, how will this ever move us in the direction of what is best for the children?”



See the Beyond the Blackboard blog at www.sanclementetimes.com; www.capousd.org and www.cuea.org





Reaction to the Recall....

What people are saying on our Beyond the Blackboard Blog at www.sanclementetimes.com



I personally know that getting these signatures will be relatively easy. We have A LOT of work to do and will need everyone’s help. Stay tuned and there will be opportunities to sign up to help.

Posted by: Recall has started....be prepared to help



What AWESOME news! This is great! It’s time for real change. These trustees have no interest in the children or the district. Where do I sign? I will make sure to bring my friends with me, too! RECALL THEM ALL!!

Posted by: Happy Days Ahead!



This is yet another step in the right direction to bring our district back into focus - education. I hope that this recall is successful, and I intend to volunteer my time to achieve it, but even if for any reason it is not, these so-called trustees cannot dismiss us any more. They can no longer pooh-poo the parents and demean their fund-raising efforts (to the tune of how many tens-of-thousands of dollars?) or spread lies about what the teachers will or will not “negotiate” about when there have been no negotiations. Thank you thank you thank you to Pete Espinoza, Kevin Murphy, and CUCF.

Posted by: Sadie



Beautiful. Add my signature, as well. I really want these board bozos to try and argue that a recall isn’t fiscally responsible, after they did it. Then again, avoiding hypocrisy has never been this board’s strong suit. I’ll give up a percent or two of my pay to fund the recall. I predict many CUSD employees would, too. Oh, and I too loved the “not being all that bad, comment. Yeah, not being that bad is like saying something doesn’t suck too much, or poop doesn’t stink too badly.

Posted by: Happy happy happy!!!



I attended tonight’s board meeting and could not hold back the laughter when a shill for the trustees got up and commended the board members for “not being all that bad.” With compliments like that, who needs a right hand.

Posted by: voter



When we were at the Board meeting tonight my husband and I didn’t believe it was real. My entire family will be willing volunteers to do whatever is necessary. You can sign me one happy mother of CUSD grads, one happy grandmother of a CUSD child (and more to come) and one very happy teacher!

Posted by: lizette