Wednesday, November 11, 2009

25 Chicago middle school students jailed in food fight; lounge food fight by "Castle Park Family" teachers seems to increase status of participants














A comparison of two food fights, a recent brawl by students in Chicago and a 1999 outburst by teachers belonging to the "Castle Park family":

It took two janitors over a week to clean walls and shampoo rugs and upholstered furniture in the teachers lounge at Castle Park Elementary School after a small group teachers went wild after the students left on the last day of school in 1999. (The teachers never reimbursed the taxpayers.) The teachers brought the leftovers from class parties to the lounge, including lots of fruit punch and whipped cream.

These teachers ruled the roost at the school, getting rid of principal after principal that didn't do what the "family" wanted. One principal acceded to so many demands for spending that he plunged the school deep into debt and was fired. Another allowed teachers to engage in so many illegal actions that the district ended up in court for years defending those teachers. Principal Ollie Matos was hired to get the teachers under control, but the teachers union, Chula Vista Educators, prevented him from doing so.

25 Chicago Students Arrested for a Middle-School Food Fight
New York Times
By SUSAN SAULNY
Published: November 10, 2009

CHICAGO — The food fight here started the way such bouts do in school lunchrooms most anywhere: an apple was tossed, a cookie turned into a torpedo, and an orange plunked someone in the head. Within minutes, dozens of middle-school students had joined in the ruckus, and spattered adults were ducking for cover.

By the end of the day, 25 of the students, ages 11 to 15, had been rounded up, arrested, taken from school and put in jail. A spokesman for the Chicago police said the charges were reckless conduct, a misdemeanor.

That was last Thursday afternoon. Now parents are questioning what seem to them like the criminalization of age-old adolescent pranks, and the lasting legal and psychological impact of the arrests.

“My children have to appear in court,” Erica Russell, the mother of two eighth-grade girls who spent eight hours in jail, said Tuesday. “They were handcuffed, slammed in a wagon, had their mug shots taken and treated like real criminals.”...

San Diego prosecutor withheld evidence favorable to defense of 3 men charged with raped

San Diego prosecutor suspected of withholding evidence in rape case
CBS News 8
Posted: Nov 10, 2009

A San Diego prosecutor is under investigation, suspected of withholding evidence in a high-profile rape case. The case resulted in plea bargain last month and the rapists walked free.

Now, the mother of the victim is ... accusing the San Diego District attorney’s office of a cover up.

It was a brutal case of rape by intoxication in San Marcos. Three north county men accused of kidnapping a Palomar College student in May of 2008, getting her drunk and gang raping her.

News 8 has learned [prosecutor Dan] Rodriguez is now the subject of an ongoing disciplinary investigation. He’s accused of withholding evidence in the case.
Initially Rodriguez told the mother of the 18-year-old rape victim that all three defendants were facing serious prison time.

“We were told they were looking at -- with kidnapping and rape charges -- they would be looking at 20 years to life,” said Tammie Heintzman. She said Rodriguez assured her the case as solid...

From the beginning, the case was high profile. The victim had met one of her attackers on the MySpace web site... At the last minute, a new prosecutor was assigned to the case and soon thereafter the District Attorney’s office reached a plea bargain with all three defendants.

Two pleaded guilty to rape by intoxication, the third to felony assault. All three walked free after serving just 8 months in jail.

It wasn't until later that Heintzman, the mother of the victim, says she finally found out why the original prosecutor, Dan Rodriguez, was taken off the case.
“It was shared that Dan had been suspended and it was related to the case, and it was related to misrepresenting evidence,” Heintzman told News 8.
The evidence withheld was favorable to the defense.

All three defense attorneys involved in the case confirmed to News 8 that prosecutor Dan Rodriguez failed to turn over in a timely manner what they called highly exculpatory evidence, including a tape recorded police interview with the victim and statements the teenager made during a medical exam...
The new prosecutor, Kate Flaherty, quickly offered the defendants a plea deal.

Tuesday, November 10, 2009

If we refuse to pay for good schools for poor kids, we end up without national defense

November 9, 2009
Too Few Youths Eligible for Military, Leaders Say
Report Recommends Investments in Early Childhood Programs
By Dakarai I. Aarons

The United States should invest in early education to help bolster the number of young people eventually eligible to serve in the military and protect national-security interests, a report released last week argues.

A majority of the nation’s young adults are ineligible for military service because they have not graduated from high school, have criminal records, or are physically unfit, says the report.

Based on research from a variety of sources, including the U.S. Department of Defense, the report says 75 percent of Americans ages 17 to 24—about 26 million people—are ineligible to join the military.

“A quality education is really an issue of national security,” U.S. Secretary of Education Arne Duncan said at a Nov. 5 news conference held to release the report. “If we don’t educate our children well, we put our nation at risk.” ...

Teacher evaluations are worthless: teachers almost always get good evaluations

Jay Mathews at the Washington Post opines that schools should be able to evaluate, reward, promote or dismiss teachers however they want. He notes that most teacher evaluation systems end up giving good evaluations to almost everybody.
--Emily Alpert's Bright and Early

Forget about rating teachers---rate schools instead.
Washington Post

Those unfortunate people in the District may worry about the quality of their teachers, and wait anxiously for the results of the school system’s controversial new evaluation of classroom techniques and test score improvement. But those of us in the Washington area suburbs don’t have to worry because we already know that close to 100 percent of our teachers are entirely satisfactory. How? Our school districts say so.

I asked suburban school officials to share the latest results from their teacher evaluations, which are usually done by principals and subject specialists. Here are the percentages of teachers rated satisfactory, in some cases called meeting or exceeding the standard: Alexandria 99 percent, Calvert 99.8 percent, Charles 98.4 percent, Culpeper 97 percent, Fairfax 99.1 percent, Falls Church 99.55 percent, Loudoun 99 percent, Montgomery 95 percent, Prince George’s 95.56 percent, and Prince William 98.3 percent.

Anne Arundel, Arlington, Fauquier and Howard, and Manassas City say they don’t collect such data. Carroll says it is doing it for the first time and hasn’t finished yet.
Those numbers in the high 90s sound good, but they don’t impress some advocates of better teaching. Near perfect teacher evaluation passing rates are common throughout the country.

One reason why D.C. Schools Chancellor Michelle A. Rhee has launched her complex IMPACT evaluation of the District’s teachers is that the research and training organization she founded, the New Teacher Project, is a sworn enemy of those standard evaluation systems. Since teacher ratings in most districts are as discerning as peewee soccer award night, with everyone getting a trophy, why bother?

The standard evaluation system “not only keeps schools from dismissing consistently poor performers, but also prevents them from recognizing excellence among top performers or supporting growth among the broad plurality of hard working teachers who operate in the middle of the performance spectrum,” said a recent New Teacher Project report.

The organization studied 12 districts, including Chicago, Denver, Cincinnati and Little Rock, in four states and found that less than one percent of teachers were rated unsatisfactory. Yet a survey of 15,000 teachers and 1,300 administrators in those districts found that 59 percent of the teachers and 63 percent of the administrators believe their district was not doing enough to identify, compensate, promote and retain the most effective teachers.

School officials in the Washington suburbs say they don’t have that problem. They are helping teachers build their skills, they say, even if that work is not reflected in their evaluation summaries. “Principals and supervisors work hard with teachers to improve instruction,” said Keith Hettel, assistant superintendent, human resources, in Charles County.

“We have made professional development a priority this year,” said Amy Carlini, spokeswoman for the Alexandria schools.

I would reject such talk as mere public relations, except for the undeniable fact that most Washington area districts--when compared to school performance in the rest of the country--are doing a splendid job. We have an advantage because of our relatively high family incomes, which correlate with academic achievement, but the quality of teachers and administrators I have watched in the last decade is usually high and the results good.

So what to we do? I agree that 99.8 percent satisfactory evaluation rates are ridiculous. Stop wasting time and money on them. Instead, emulate those schools--mostly public charters--that choose principals carefully and let them evaluate, reward, promote or dismiss teachers any way that works for them.

Bonuses should go to the whole school to be divvied up, not to individual teachers. And if student achievement isn’t growing at a healthy rate, or if teachers are fleeing in disgust, get rid of that principal and hire a better one. It will reduce paperwork, and free more time for teaching kids.

By Jay Mathews | November 8, 2009

Monday, November 09, 2009

Audit reveals expenses of ousted East Side Superintendent Bob Nunez

This story is from the Bay Area, but it reminds me of our own notorious Bob Watkins, former president of the San Diego County Office of Education. When is the San Diego media going to find out what expenses he charged while at SDCOE?


Audit details ousted East Side schools Superintendent Bob Nunez's expenses
Mercury News
By Sharon Noguchi
11/06/2009

Ousted Superintendent Bob Nunez routinely spent $1,000 a month for meals, travel and lodging and sometimes charged the cash-strapped East Side Union High School District as much as $4,000 a month.

The details were revealed for the first time Friday in a lengthy report into Nunez's spending habits that led to his departure last week from the struggling San Jose school district — complete with a $120,000 severance check.

The revelations were outlined in a 2,100-page report by the San Francisco law firm Hanson Bridgett, which reviewed two years' worth of Nunez's credit card spending. The report, commissioned by the East Side board, also concluded that Nunez did not improperly receive vacation pay or commit a conflict of interest...

British Jewish schools may not discriminate against students whose mothers converted to Judaism

Who Is a Jew? Court Ruling in Britain Raises Question
New York Times
By SARAH LYALL
November 7, 2009

...In an explosive decision, the court concluded that basing school admissions on a classic test of Judaism — whether one’s mother is Jewish — was by definition discriminatory...

The case rested on whether the school’s test of Jewishness was based on religion, which would be legal, or on race or ethnicity, which would not. The court ruled that it was an ethnic test because it concerned the status of M’s mother rather than whether M considered himself Jewish and practiced Judaism.

“The requirement that if a pupil is to qualify for admission his mother must be Jewish, whether by descent or conversion, is a test of ethnicity which contravenes the Race Relations Act,” the court said. It added that while it was fair that Jewish schools should give preference to Jewish children, the admissions criteria must depend not on family ties, but “on faith, however defined.”

The same reasoning would apply to a Christian school that “refused to admit a child on the ground that, albeit practicing Christians, the child’s family were of Jewish origin,” the court said...

Rabbi Danny Rich, chief executive of Liberal Judaism here, said the lower court’s ruling, if upheld, would help make Judaism more inclusive.

“JFS is a state-funded school where my grandfather taught, and it’s selecting applicants on the basis of religious politics,” he said in an interview. “The Orthodox definition of Jewish excludes 40 percent of the Jewish community in this country.”

Saturday, November 07, 2009

At last the 9/11 Commission can get a look at the evidence in the World Trade Center attack

See all posts on WTC collapse.

For some unknown reason, President George Bush ordered the steel from the World Trade Center buildings that collapsed on September 11, 2001 to be immediately sent to China for recycling. Obviously, the evidence of the collapse couldn't be studied at that time, but we can all go look at it now that it's been turned into a ship.


USS New York comes to life; ship born of 7.5 tons of World Trade Center steel

BY Stephanie Gaskell
DAILY NEWS STAFF WRITER
November 7th 2009

The USS New York is seen during its commissioning on November 7, 2009 at Piers 86 and 88 in New York City.
Loccisano/Getty

Secretary of State Hillary Clinton stands with sailors and Marines at the commissioning of the USS New York.


* Articles
* Bear Stearns execs told black AND white lies: prosecutors
* Get the details on the Yankee parade in Manhattan
* President Obama OKs extension of unemployment benefits, first-time homebuyers tax breaks
* Gov. Paterson defends pricey trips abroad if they can help bring jobs to NY
* No satisfaction for Paterson in Bam's heat over election losses
*

The New York came to life Saturday, becoming the Navy's newest warship - and a proud symbol of fortitude.

The $1 billion amphibious transport dock carries 7.5 tons of steel from the World Trade Center in her bow stem.

"The New York will be a visible testament to our resilience," said Navy Secretary Ray Mabus as the first watch was set and hundreds of sailors and Marines ran onto the decks of the ship, a tradition signaling the official commissioning of the vessel.

Cmdr. Curt Jones, a native New Yorker, took command during an emotional ceremony at the Intrepid Sea-Air-Space Museum attended by more than 6,000 people, including Secretary of State Clinton, Gov. Paterson and Mayor Bloomberg.

"There is a lot of emotion that is associated with this ship for all of us," Jones said. "The steel that is in the bow of the ship, that motivates us literally every day in what we do."

The ship, which has a crew of about 360 sailors, will be docked at Pier 88 until Thursday, when it heads to its home port at Norfolk Naval Station in Virginia.

"This ship has been the product of a lot of hard work," Paterson said. "It is not just named the New York - it IS New York."

Clinton said the New York will help the nation heal, more than eight years after the World Trade Center attack.

"In that steel, burned but unbroken, lives the spirit we saw on 9-11," she said. "Sometimes our pain can lead us to purpose."

Mike Petters is the president of Northrop Grumman, which built the ship in Avondale, La.

"We needed this ship," Petters said. "New York needed this ship. And America needed this ship."

For Carl Scheetz, a firefighter with Rescue 1 in Hell's Kitchen, the ship is a reminder of the city's strength.

"To me it's a show of resiliency to the whole tragedy that happened," he said. "The crew members are great. I met a Marine and went to say 'Thank you' to him. He said, 'No, sir, thank you very much.' "We have a lot in common," Scheetz said.

CALA admits that many lawsuits against government agencies have merit

San Diego would save many millions if our district attorneys would quit prosecuting obviously innocent people like Dale Akiki and Jim Wade, and if our city attorneys would discourage wrongful actions like secret pension deals.


San Jose keeps lid on litigation costs
By John Woolfolk
jwoolfolk@mercurynews.com
11/07/2009

San Jose has forked over a lot of taxpayer cash to resolve lawsuits and claims from people who felt the city owed them for a host of wrongs — from errant golf balls to sexual harassment.

But the city seems downright frugal in what it has paid out for verdicts, settlements and outside lawyers compared to other major California cities, according to a new report by a citizen watchdog group.

The report this week by California Citizens Against Lawsuit Abuse, or CALA, found that San Jose's annual litigation costs in the last couple years were a fraction of those for similarly-sized San Francisco and San Diego, as well as smaller cities such as Oakland and Sacramento.

"Some communities are more effective at avoiding lawsuits than others, and that's good management practice," said Marko Mlikotin, Northern California regional director for CALA, a non-partisan group opposed to abuses of the legal system. "It's very important for governments to have good management practices so that they don't expose taxpayers to these types of litigation."

The group's report compared costs incurred by the most populous California cities and counties for paying legal claims, verdicts and settlements, as well as hiring outside lawyers for the 2006-2007 and 2007-2008 budget years.

San Jose's litigation costs were $1.9 million in 2006-2007 and $1.7 million in 2007-2008. The report argued the $1.9 million could have paid for more than two dozen firefighters
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that year.

But the city's costs paled in comparison to some of its peers. For 2007-2008, San Diego spent $17 million on litigation, Oakland $7.9 million and Sacramento $3.3 million. Los Angeles spent a staggering $72 million.

San Jose records also show a decline in annual litigation costs from $4.9 million in 2005-2006 to $1.5 million in 2008-2009.

"We try hard to keep those numbers down," City Attorney Rick Doyle said.

Santa Clara County did not fare quite to well in comparison to its peers. The county spent $4.7 million in 2007-2008, less than the $5.2 million cost in 2005-2006. Smaller Alameda County spent $4.4 million on litigation in 2007-2008, while San Diego County spent just $1.2 million.

San Francisco, which is both a city and a county, spent $18.3 million on litigation in 2007-2008.

The report noted that while many of the lawsuits brought against government agencies have merit, some seem absurd...

Former Helix High 16-Year-Old Says Josh Stepner "Did Nothing Wrong"Form

See all Josh Stepner posts.

Doesn't Bonnie Dumanis have anything better to do? Aren't there some actual bad guys she should be charging with crimes? Did Helix High and/or Grossmont Union High School District (controlled by extremist Jim Kelly) get legal advice regarding this case?

Sometimes I wonder if education attorneys intentionally create problems so that there will be a lawsuit against the school and the attorneys will be paid $100,000s to defend the school. My advice to Helix High: settle this case right now, before it really gets expensive.

Channel 6's Jeff Powers served the public well by getting this story:


Exclusive: 16-Year-Old Says Josh Stepner "Did Nothing Wrong."
Reported by: Jeff Powers
San Diego Channel 6
11/05/09

EL CAJON - Former Helix High assistant principal Josh Stepner was supposed to appear in court on Thursday to face a charge of contributing to the delinquency of a minor for giving a female student a ride to a bus station, but his arraignment was postponed.

Dakota Garza is the student who was given that ride, and she is shocked that Stepner was even charged in the first place. She says at the time of the ride, she was no longer a student at Helix High.

"I'm a lot more comfortable now," Garza told San Diego 6 in an exclusive interview from her hometown in Medford, Oregon. "I'm in my familiar town where I was born and raised and I'm very happy to be back."

Garza says she is doing well. "Stay in all my honors classes and I'm back in soccer and enjoying school."

Garza began the school year as a student at Helix High. She had been living with relative Karen Flores and 9 others in a two bedroom home.

On August 24th, the 16-year-old took action. A court order shows Garza dissolved any legal custody to Flores. She was trying to get back to Medford and says she told Assistant Vice Principal Kevin Osborn.

Garza said, "After I had purchased the ticket I went into his office and just was letting him know that I was going to be unenrolling from the school."

Garza purchased a bus ticket on the morning of September 17th from the school computer. She says she went through the procedures Helix requires for unenrollment and says she alerted Osborn to those details. It was very clear to her that she was no longer a student.

Officials at Helix would not confirm the timing of Garza's withdrawal from school. It was later that night that Josh Stepner gave her a ride to the bus station.

Garza said she is surprised Stepner is facing a misdemeanor because, "He was really just trying to help me. He did absolutely nothing wrong. I think he was the only one who really tried to reach out to me and help me with what I was going through."

Stepner says the past couple months have been tough on him and his family. "It's been a nightmare. It's hard to watch yourself being talked about when you know you're a good person -- you know that you're a righteous person."

Garza says now it's about putting this behind her and exposing the truth. "I really think that in this whole thing he's just been more of a scapegoat. He's just been someone that people felt that they could just dump things on and you know accuse him and point the finger at him."

Stepner and his attorney are due back in court December 14th. Stepner's attorney is challenging the legitimacy of the misdemeanor complaint.

We asked to interview Helix Assistant Principal Kevin Osborn but our offer was declined.

Thursday, November 05, 2009

Citizen Media Legal Project website--Will Judge Judith Hayes be able to shut it down?

Someone sent me a link today to Harvard University's website about threats to citizens who try to exercise their freedom of speech.

The website is here.

It's amazing how many powerful people think that the First Amendment doesn't apply to people who criticize them.

Wednesday, November 04, 2009

Do ethical lawyers prepare orders for a judge to sign that indicate that their motion was granted when it actually was denied?

Do ethical lawyers sometimes write a proposed order for a judge to sign that doesn't mention that their motion was denied?

I am interested in hypothetical situations. If you figure things out ahead of time, it makes it easier when push comes to shove to make the right decision.

So I've been working on this imaginary scenario in which a lawyer believes he can get a judge to sign an order that is significantly different from the minute order prepared by the judge. In this fantasy, a judge has denied the lawyer's motion without prejudice, and given the opposing party a very specific instruction. But the lawyer never mentions in his proposed order that his motion was denied, and he adds significant details to the judge's instructions.

Is this something an ethical lawyer would do? Hmmm. Do readers have any thoughts on the matter?

Tuesday, November 03, 2009

Rally regarding corruption at Office of Administrative Hearings

A rally/protest will be held in front of the Governors/OAH building at 1350 Front Street on November 9, 2009 from 10am-12am. (I call this building the California building.) Many parents feel that they don't have a chance at due process due to corruption at OAH (Office of Administrative Hearings).

Dayon Higgins, Volunteer Parent Advocate, says, "I will be wearing an orange jumpsuit and carrying a cardboard casket. I believe that without special education rights to a fair due process that we are condemning children to prison or poverty. Without support our children lose opportunities."

Saturday, October 31, 2009

Eli Broad and EdVoice versus California Teachers Association

Dan Walters: School reform duel shifts to surrogates
By Dan Walters
sacbee.com
Oct. 30, 2009

One of the more obscure – and probably more important – of California's many political conflicts pits an organization called EdVoice against the California Teachers Association and other school unions.

It centers on our ever-deepening education crisis, manifested in low test scores and high dropout rates, especially among black and Latino kids.

EdVoice, maintained by some wealthy Californians such as Southern California developer Eli Broad and Silicon Valley tycoon Reed Hastings, advocates charter schools, tougher teaching standards and other aggressive approaches.

The CTA and its allies, meanwhile, say California's chief education issue is money, specifically its below-average level of per-pupil spending.

It's not so much a partisan or even ideological conflict – Broad and many other EdVoice leaders are Democrats – as it is one of pedagogic philosophy, but that doesn't make it any less abrasive.

Last year, for instance, EdVoice backed its former president, Christopher Cabaldon, in his bid for a Yolo County state Assembly seat while unions poured money to his victorious rival for the Democratic nomination, Mariko Yamada, one of several clashes between the factions.

EdVoice and the unions will play for bigger stakes next year, facing off in the ostensibly non-partisan race to succeed Jack O'Connell, the outgoing state schools superintendent who has ties to both factions.

Almost certainly, O'Connell's successor will be either state Sen. Gloria Romero, D-Los Angeles, or Assemblyman Tom Torlakson, D-Antioch, both former teachers. And EdVoice is throwing its weight behind Romero while Torlakson counts on the unions for his campaign.

Romero's crusade for prison reform pitted her against the California Correctional Peace Officers Association, the other big union power player. And she aborted her bid for a congressional seat this year after the Los Angeles County Labor Federation endorsed rival Judy Chu.

Broad, Hastings, the family of the late Don Fisher (founder of the Gap), and other EdVoice principals have been Romero's chief contributors to date, clearly marking her as the organization's candidate. Commensurate financial backing from unions for Torlakson has yet to emerge, but clearly is in the works.

The two have already been dueling over legislation, with Romero carrying EdVoice-backed bills while Torlakson carried those sought by school unions, and he recently introduced a new bill imposing more regulation on charter schools. Romero won big when the Legislature (with Torlakson voting "no") extended a "school choice" law giving parents the right to shift their kids from one district to another.

It was not only a win for Romero and EdVoice but also reflected the Obama administration's direction on school reform. Inferentially, therefore, the Romero-Torlakson duel will be a referendum on how schools should be fixed not only in California but also across the nation.

Thursday, October 29, 2009

Would you do what Josh Stepner did? Give an abandoned and abused girl a ride to a bus station to visit her grandmother?

Here is the declaration of the girl in this case. All she wanted was to live with her grandmother, and that is what she is now doing. Her cousin, who instituted the complaints against former Helix High Charter School vice principal Josh Stepner, apparently has control issues. It's a disgrace that a good man is being run through Bonnie Dumanis' ringer after having been punished by his employer. Josh Stepner never would have had any problems at all if four teachers at Helix High hadn't behaved so badly. He is being punished for his own good deed and for the bad deeds of others.

I'm wondering if trustee Jim Kelly of Grossmont High School District asked Bonnie Dumanis to prosecute a good man at Helix High simply because Kelly wants to bring down the charter school.

Student's application & restraining order against her mother (2009)

See all Josh Stepner posts.


Helix asst. principal says he was only trying to help student
KFMB TV 8
Oct 22, 2009

For the first time, we're hearing from a Helix High School assistant principal accused of helping a 16-year-old student run away. Through his attorney, the principal says he was only trying to help a child abandoned by her mother.

"This is really a classic example of no good deed goes unpunished," Josh Stepner's attorney Mark-Robert Bluemel said.

Bluemel is getting ready to go to court to defend Stepner against a misdemeanor charge of contributing to the delinquency of a minor. Stepner is accused of helping a 16-year-old student run away to Oregon.

"This man is innocent and he has the right to prove that. Unfortunately, what has happened prior - and that's why I'm talking to you - is he was painted out as being guilty," Bluemel said.

Stepner is not accused of having a sexual relationship with the student, as was initially reported by News 8 and other media outlets. Those reports were based on inaccurate information given to the media on October 5th, and were corrected by News 8 twelve hours later.

As it turns out, Stepner is accused of helping the girl purchase a bus ticket to Oregon and driving her to the bus station.

"My client brought her to safety, so to speak. She's now back in Oregon with a family and going to school," Bluemel said.

Court records show the girl had recently taken out a restraining order against her mother, and the judge revoked the mother's custodial rights. Bluemel says the girl in effect had no guardian and no home to run away from.

"He was assisting a student in need without a guardian and helping her get home, and I think he's been made a scapegoat," Bluemel said.

Since 2006, four teachers have been convicted of sex crimes involving Helix High students.

Bluemel says his client, a married father of three, simply got caught up in that firestorm.

"The evidence will show that there was no inappropriate conduct. He was acting in furtherance of the child's best interests in getting her to a safe harbor, back home to Oregon," Bluemel said.

The girl's father is dead and her grandmother lives in Oregon.

Stepner is facing one misdemeanor count. His attorney will enter a plea in El Cajon court by Nov. 5


See earlier post.

JC Pohl helps Escondido students turn against bullies

When they're ready to get really serious, schools will also do something about teachers who bully students and teachers who bully other teachers.


Turning against bullies
By Rose Marie Scott-Blair
San Diego Union Tribune
October 29, 2009

Have you ever been punched, tripped, kicked, shoved or had a rumor spread about you?” filmmaker JC Pohl asked students at Escondido's Bear Valley Middle School at a special assembly last week. About 350 seventh-graders in were the room, and they all stood up.

“Now, if you have ever done that to anyone else, sit down,” Pohl said.

Five students remained standing.

In three years of taking his Teen Truth Live assemblies on bullying to about 350 schools in 20 states, Pohl said that 99 percent of the 400,000 students his group has reached say they have been bullied or have bullied someone else.

Pohl, a San Diego native who lives in Los Angeles, and his partner, fellow filmmaker Erahm Christopher, were prompted by the 1999 Columbine High School massacre in Littleton, Colo., to create a message for children.

“After Columbine we were frustrated because the media just talked to adults, and we felt that students were the ones who could explain why this happened,” Pohl said.

So they gave cameras to five California students to film their lives for a year.

Using 100 hours of raw video from students and security camera footage from Columbine, they produced the award-winning documentary, “Teen Truth,” the centerpiece of their assemblies.

Bullying can be anything from “a bad attempt at humor” to physical violence, and includes intimidation, teasing, labeling and put-downs, Pohl told the students Friday.

“The result is the same. It causes anger, and if kids hold a lot inside, they can explode and may even kill someone,” Pohl said.

In the past 13 years, 148 students and 27 teachers have been killed in school violence in 26 states and 14 countries, and 195 students have been wounded, according to figures compiled by Pohl. Twelve students and one teacher were slain at Columbine.

“Students are the eyes and ears of the school. If you see it or hear it, report it,” he said. “Start doing something today to make a difference. Be more understanding, show compassion, learn how to love each other.” ...

Wednesday, October 28, 2009

I'm a doctor. So sue me. No, really

The doctors' lobby says capping malpractice suits will make healthcare cheaper.
I'm an M.D. and I don't believe it
Salon.com
By Rahul K. Parikh, M.D.
Oct. 27, 2009

...Defensive medicine is just one of the supposed systemic ills...Proponents of reform say that defensive medicine, frivolous lawsuits and high premiums are behind the surge in healthcare expenses...to shift the blame for America's healthcare crisis away from private insurers and onto a supposed scourge of ambulance chasers...

The only problem is that it's not true...Defensive medicine adds very little to healthcare's price tag, and rising malpractice premiums have had very little impact on access to care.

...First, based on the current rhetoric, it's easy to assume we have an epidemic of malpractice suits in America. We don't.... according to the Congressional Budget Office, nationally, between the mid-1990s to the mid-2000s, the frequency of malpractice suits per capita remained stable at about 15 claims per 100 physicians per year. Another report, from the National Center for State Courts, actually shows that the number of cases between 1996 and 2006 dropped 8 percent...

Next is the question of frivolous lawsuits. Tort reformers push the notion that junk lawsuits dominate the legal system...

But the private studies cited often involve small numbers of claims, or focus on a single hospital, insurer, specialty or type of injury, or were commissioned by interested parties, aka the malpractice insurers themselves...In 2006, researchers from Harvard published a study in the New England Journal of Medicine... What they found kills the notion of frivolous lawsuits. It suggests that most people who sue are suing for good reason.

Monday, October 26, 2009

Three county officials volunteer on the board of Children's Initiative; charity gets contract

Charity gets contract for after-school services
Three county officials volunteer on the board of Children's Initiative
By Jeff McDonald
Union-Tribune Staff Writer
October 26, 2009

Background: To balance the county's budget this past spring, county supervisors trimmed the popular after-school program Critical Hours.

What's changing: Supervisor Ron Roberts last week sought and received board approval for a no-bid contract to restore some funds. The deal calls for up to $241,981 to go to a nonprofit that has three top county officials on its board of directors.

The future: The agreement runs through June 30, 2010, and may be extended six months if additional funding is found.

San Diego County has awarded a no-bid contract worth up to $241,981 for after-school services to a charity that has three top county officials on its board of directors...

The money will fund after-school services for low-income children in Supervisor Ron Roberts' district. The Board of Supervisors approved the award last week without debate.

The action will restore lost funding for Critical Hours, a program that was trimmed earlier this year when supervisors were scrambling to balance the county's annual budget.

The Children's Initiative board includes Walt Ekard, county chief administrative officer; Nick Macchione, Health and Human Services Agency director; and Mack Jenkins, chief probation officer.

Roberts, who recommended the agreement to his colleagues, said he did not know Ekard and two other administrators served on the charity board...

Waiving the competitive-bid rule will get funds quickly to the nonprofit, Roberts said, noting its history of working well with the county.

The Children's Initiative is run by Sandra McBrayer, a member of the county's First 5 Commission, which distributes about $40 million a year in tobacco tax money for early-childhood programs...

Board of Supervisors Chairwoman Dianne Jacob, who is also the First 5 Commission chair, said the Children's Initiative contract is a different situation.

“There, we needed to do away with the perception that First 5 board members and advisory board members could influence the allocation of grant funding for personal benefit,” Jacob said. “Here, a member of the Board of Supervisors made the recommendation, not other county officials.”...

The Critical Hours program was promoted by Roberts and Supervisor Greg Cox in the 1990s in response to research showing that most youth crime occurs between 2 and 6 p.m.

Since 1997, the county has invested more than $19 million in the program, according to the Children's Initiative, which coordinates the services across the region.

Anti-CIF meeting in Alpine reveals that Poway sports gets away with illegal players while Eastlake, San Diego High coaches lose their jobs

Accusations of bias at town hall meeting
By Brent Schrotenboer
Union-Tribune Staff Writer
October 23, 2009

Several parents, students and citizens last night denounced the local governing body of high school athletics, accusing it of discrimination in a town hall meeting that drew nearly 100 people.

The gathering at New Assurance Baptist Church in Rolando was organized to protest decisions made by the San Diego Section of the California Interscholastic Federation (CIF).

Pastor Rickey Laster said the meeting's purpose was to “speak truth to power.” It was conducted by a grass-roots group calling itself Citizens Against CIF, which has accused San Diego Section officials of bias against schools from disadvantaged areas.

“It's discrimination is what it is,” said Rudy Johnson, a Horizon High School senior.

The meeting lasted more than two hours with many emotional pleas to fight local CIF officials through various means, including picketing the San Diego Section's Board of Managers meeting Tuesday. Some elected officials sent representatives to monitor the meeting, including Rep. Susan Davis, D-San Diego, and Rep. Bob Filner, D-Chula Vista.

Local CIF officials said they could not attend because of scheduling conflicts. But a private attorney who has worked for San Diego Section officials, Dino Buzunis, tried to give the CIF's side. His comments often were met with jeers from the crowd. Buzunis asked them to keep an open mind so they can “know the entire story.”

“You're only being told what certain people want you to hear because decisions have been made that they're unhappy with,” Buzunis said.

Buzunis said “the CIF is not a racist organization” and that its rules are designed to create a level playing field for all.

Several players from the Eastlake High girls basketball team didn't agree. The San Diego Section booted the Titans from the playoffs last year, accusing them of having an ineligible ninth-grader who used false addresses to gain enrollment at Eastlake middle and high schools. Eastlake team members denied it. Coach Janet Eleazar recently was fired amid such allegations of improper recruiting, which she denied.

Others at the meeting asked why the wrestling and baseball programs at Poway, where section Commissioner Dennis Ackerman lives, didn't face serious penalties after facing similar accusations. Eastlake and San Diego High, in a similar case, ended up with fired coaches and forfeited games...



Football Player's Dreams Shattered By CIF
CIF Abusing Its Powers?
ovember 4, 2005

Rocco Sanchez was one of the most sought-after high school football players in the country...

Sanchez's dream of playing in the NFL suffered a major setback when his parents split up. Sanchez and his mother moved, forcing him to leave Castle Park High School and attend Otay Ranch High School.

It was not a big deal, until Maria Castilleja, the principal at Castle Park High School, called the school district and said Sanchez did not really move.

Sanchez and his mom, Mika Molina, moved into a home near Otay Ranch High School. However, Molina's husband stayed in Castle Park's district...

In August, the CIF held two hearings and found that ... Sanchezes violated a CIF rule which "requires the entire Sanchez family move" to the new address.

According to 10News, the CIF and the school district said Sanchez's mother was lying. Therefore, Sanchez could not play football...

"There's certainly an appearance of a conflict of interest, and you should avoid those appearances," said Bob Ottilie, an attorney representing Sanchez...

CIF Abusing Its Power?

...Molina said the CIF unfairly used the CIF's rule book and ignored the fact that she had split up with her husband...

"I can give you horrible examples of people who have been deprived of their rights and haven't had a chance to prove they're right because of the way the CIF investigates these matters, hears these matters and delays these matters," said Ottilie.

Ottilie has taken on the CIF numerous times and has won every battle over student eligibility.

The former wrestling coach for Carlsbad High School said abuses by the federation turned physical at a wrestling tournament when a CIF official attacked him.

"I turned my back to him, and that's when I get assaulted by him basically," Pilot said.

Someone turned their video camera on just as CIF tournament director Richard Malliet choked Pilot.

Parent Rick Trevino wrote a letter to the CIF and said that Malliet had Pilot in a choke hold. Douglas Gadker, another parent who wrote the CIF, said Malliet had Pilot "in a headlock and was dragging him from behind."...

According to 10News, the tournament director, who witnesses say was the attacker, was not punished. Instead, the CIF has, at least temporarily, banned Pilot from coaching at CIF events...

Monday, October 19, 2009

Fox News isn't even pretending anymore

Fox News isn't even pretending anymore
By Gene Lyons
Salon.com
Oct. 15, 2009

...The boldest innovator, however, has been Fox News. Since President Obama’s election, the cable news channel has dropped all but the barest pretense of objectivity. Billing itself as “fair and balanced,” Fox has turned itself into what White House communications director Anita Dunn recently called “the research arm or the communications arm of the Republican Party.”

Actually, that’s an extremely polite way of putting it. It’s closer to Orwell’s “Ministry of Truth.” Fox openly promotes “Tea Parties” and other political demonstrations; it portrays every perceived White House defeat, such as Chicago’s failure to secure the 2016 Olympic Games, as a victory for something called “Fox Nation.”...

Saturday, October 17, 2009

When Kentucky prosecutor charged Edwin Chandler, had no second thoughts. Now innocent man is exonerated after 9-year jail term

His conviction for manslaughter and robbery in Whitfield's death was vacated just hours after a Jefferson County grand jury indicted 45-year-old repeat offender Percy Phillips for her death. Phillips is already serving a 20-year sentence for assault.

October 13, 2009
Man's conviction set aside in 1993 shooting death
Courier-Journal Louisville, Kentucky
By Jessie Halladay
and Jason Riley

For 16 years, Edwin Chandler faithfully believed the day would come when everyone would know he wasn't the man who shot Brenda Whitfield in the head during a 1993 robbery at the Chevron station where she worked.

That day finally arrived Tuesday, when Jefferson Circuit Judge Fred Cowan vacated the manslaughter and robbery charges against Chandler after prosecutors and police announced they had convicted the wrong man...

When Steve Schroering prosecuted Chandler in 1995, he said he had no doubt that the right man went to prison.

[Maura Larkins comment: Prosecutors never have any second thoughts, do they?]

“It was never a case I had second thoughts about until this morning” when Commonwealth's Attorney Dave Stengel called to tell him the conviction was being set aside.

After all, a store video camera captured the crime and an eyewitness tentatively identified Chandler. Fingerprints, a knit cap and sunglasses were found at the scene. And Chandler made a taped confession to detectives, admitting to the robbery and saying the shooting was accidental.

But the fingerprints didn't match Chandler's, the owner of the cap and sunglasses was uncertain, and Chandler said he falsely confessed, coerced by police scare tactics and coaching.

Chandler said then-Detective Mark Handy told Chandler he believed he was lying and threatened to charge his sister and girlfriend with harboring a fugitive if he didn't tell the truth.

Chandler said he was a few blocks away, watching a movie with his girlfriend. He remembers seeing a swarm of police cars but didn't know what had happened.

Police focused on Chandler after a witness identified him near the scene, and he already was wanted on a jail-escape charge...

But Chandler's jurors never heard some of the information that could have helped acquit him.

They never heard from John Gray, who was pumping gasoline when the shooting occurred. Gray left his name with a county officer at the scene, but it was never passed on to the city officers investigating the case..

In 1996, Gray was serving time in prison with Chandler and told him he saw the shooter and his name was Percy...

Thursday, October 15, 2009

"Maintenance of standards" has caused problems but sometimes helps smooth changes

How a Controversial Rule Played Out in Other Schools
By EMILY ALPERT
Voice of San Diego
Wednesday, Oct. 14, 2009

As bargaining grinds on between San Diego Unified and its teachers union over its expired contract, a public debate has erupted over a few paragraphs of legalese.

Teachers and their union say a new proposal will help kids by preventing teachers from being overloaded with new duties. Opponents say it will allow the union to veto any changes to what teachers do -- even small ones -- by enshrining all existing practices in the contract. It has pitted the principals union against the teachers union, divided and perplexed parents.

Yet both its backers and its critics point out that the proposal, known as "maintenance of standards," is nothing new...

...In New York State, a similar rule has sometimes been frustrating for Assistant Superintendent Cora Stempel at the Hyde Park Central School District. For instance, the union invoked it when counselors switched from paper forms to an electronic system to change students' classes, contending that it was new work, Stempel said. It hasn't halted change in the school district, but it has made it more difficult.

Hyde Park now gives the union two weeks' notice before making significant changes, which often allows them to work out any problems in advance and avoid grievances. Even if a grievance was filed, Stempel said that wouldn't necessarily stop schools from making changes, unless the union ultimately wins and forces them to reverse it. But it may slow down or alter its plans.

If the union balks completely, it can sway the school district to hold off on an idea to avoid grievances that the union might win. The threat of a grievance -- and the desire to avoid it -- can steer their decision.

"It's just good practice to work towards consensus anyway," she said. "But there are times that there are things I'd like to do, and I should be able to make that decision. It's sometimes a struggle."

One of the largest school districts with such a policy is Jefferson County Public Schools, a Colorado system with more than 80,000 students. Union leaders said they used it to push the school district to discuss -- not bargain -- changes to the date teachers were paid. Robert Archibold, Jefferson's executive director of employee relations, said it hadn't been a problem for them because few issues weren't covered by their contract, which is highly specific. No new programs had been blocked, he said.

Still, "it puts the brake on the district just going around changing things without having a conversation with us," said Lisa Elliott, the union's executive director. She might invoke it to challenge whether the district can immediately change how it handles pay errors. "But it's only related to working conditions and pay. It's not saying, 'You can't get a new set of textbooks.'"

Some of the worst clashes over the rule are documented in Wisconsin. The Salem Joint School District tried to remove a similar rule while bargaining with teachers in 1992, complaining that the union had objected to schools encouraging teachers to help at a lunchtime salad bar and requiring teachers to make their own photocopies. It stated that six grievances were filed based on the clause in a single year, compared to just one that had gone as far as a hearing in earlier years...

Louisiana JP won't marry interracial couple. Is judge afraid one of their kids will grow up to be a Democratic President?

Children of interracial marriages seem to do just fine: Halle Berry, Mariah Carey, Barack Obama, to name a few. What's the real reason for this judge's actions? Is he afraid, perhaps, that interracial children will be too successful, and threaten his power over African-Americans?

No Marriage License for Interracial Couple
AP
October 15, 2009

HAMMOND, La. (Oct. 15) - A Louisiana justice of the peace said he refused to issue a marriage license to an interracial couple out of concern for any children the couple might have.

Keith Bardwell, justice of the peace in Tangipahoa Parish, says it is his experience that most interracial marriages do not last long.

[Maura Larkins comment: If avoiding divorce is his motive, he shouldn't perform any marriages. White couples frequently get divorced.]


Neither Bardwell nor the couple immediately returned phone calls from The Associated Press. But Bardwell told the Daily Star of Hammond that he was not a racist.

"I do ceremonies for black couples right here in my house," Bardwell said. "My main concern is for the children."

"I don't do interracial marriages because I don't want to put children in a situation they didn't bring on themselves," Bardwell said. "In my heart, I feel the children will later suffer."

If he does an interracial marriage for one couple, he must do the same for all, he said.

"I try to treat everyone equally," he said..

[Maura Larkins' comment: Can this man hear himself speak? Or is he deaf to his own voice?]

Thirty-year-old Beth Humphrey and 32-year-old Terence McKay, both of Hammond, say they will consult the U.S. Justice Department about filing a discrimination complaint.

Humphrey told the newspaper she called Bardwell on Oct. 6 to inquire about getting a marriage license signed. She says Bardwell's wife told her that Bardwell will not sign marriage licenses for interracial couples.

"It is really astonishing and disappointing to see this come up in 2009," said American Civil Liberties Union of Louisiana attorney Katie Schwartzman. "The Supreme Court ruled as far back as 1963 that the government cannot tell people who they can and cannot marry."...

Wednesday, October 14, 2009

Abortion Down, Contraception Up: Recipe for Health Reform?

Abortion Down, Contraception Up: Recipe for Health Reform?
October 14, 2009
US News and World Report

Global abortion rates are down—from an estimated 45.5 million in 1995 to 41.6 million in 2003, according to a report issued Tuesday by the Guttmacher Institute, a nonprofit research center that supports abortion rights. A key reason for that drop, the report said, was that the proportion of married women using contraception worldwide increased from 54 percent in 1990 to 63 percent in 2003 as pregnancy prevention methods became more available and socially acceptable.

That's the good news.

The bad news is that unsafe abortions kill 70,000 women a year, mostly in poorer countries with strict antiabortion laws...

Arctic ice cap to disappear in 20-30 years: study


It's time to take a cruise to Alaska and get some photographs to show our grandchildren.


Arctic ice cap to disappear in 20-30 years: study
AFP
by Elodie Mazein Elodie Mazein
Oct 14,2009

LONDON (AFP) – The Arctic ice cap will disappear completely in summer months within 20 to 30 years, a polar research team said as they presented findings from an expedition led by adventurer Pen Hadow.

It is likely to be largely ice-free during the warmer months within a decade, the experts added.

Veteran polar explorer Hadow and two other Britons went out on the Arctic ice cap for 73 days during the northern spring, taking more than 6,000 measurements and observations of the sea ice...

"The summer ice cover will completely vanish in 20 to 30 years but in less than that it will have considerably retreated," said Professor Peter Wadhams, head of the polar ocean physics group at Britain's prestigious Cambridge University.

"In about 10 years, the Arctic ice will be considered as open sea."...

Madoff victims sue SEC for 'negligence'

Madoff victims sue SEC for 'negligence'
By Aaron Smith
CNNMoney.com staff writer
October 14, 2009

Two victims of the convicted Ponzi schemer Bernard Madoff filed suit Wednesday against the Securities and Exchange Commission, accusing the government regulator of negligence in failing to protect investors.

Molchatsky and Schneider accuse the SEC of failing to detect Madoff's long-running scam, which stole billions of dollars from thousands of investors.

"Through its negligent actions and inactions ... the SEC caused Madoff's scheme to continue, perpetuate and expand, eventually in billions in losses by investors...

The lawsuit said that SEC regulators had "countless opportunities" to stop Madoff's scheme "and botched all of them."

"Instead of watching the backs of Ms. Molchatsky and Dr. Schneider and the backs of all the other investors, the SEC -- through its negligence -- was effectively watching Bernie Madoff's back," said one of the plaintiffs' lawyers, former SEC attorney Howard Elisofon. "Now it is time for the SEC to be held accountable and for the federal government to do what the law says it must do: compensate the victims for its negligence."

The lawsuit noted that, between 1992 and 2008, the SEC received "at least eight complaints or submissions indicating that Madoff was operating a Ponzi scheme."

Schwarzenegger signs bill allowed use of student test scores to evaluate teachers

Democrats are starting to pry themselves loose from the controlling grip of the California Teachers Association (CTA).

Governor praised for signing education funding eligibility bill
Los Angeles Times
By Jason Song and Jason Felch
October 14, 2009


The nation's top education official praised Gov. Arnold Schwarzenegger on Tuesday for signing a bill that will make California eligible for competitive federal education funding.

Schwarzenegger signed the bill, SB 19 by Sen. Joe Simitian (D-Palo Alto), on Sunday, striking a clause in a 2006 law Simitian wrote that bars state use of testing data to determine educator pay or promotion.

"This is a victory for children," said U.S. Secretary of Education Arne Duncan in a telephone interview Tuesday.

Tuesday, October 13, 2009

Do we need school boards?

Do we need school boards?
Lois Kazakoff
San Francisco Chronicle
October 12, 2009

...California public schools are not producing the workers our economy needs to compete.

The problem, suggested panelist Aart J. De Geus, CEO of Synopsys, "If I look at it as if I were the CEO of education of California, I would look at a company (in terms of), "What are the resources? What are the results? And what is the management system?" I'd say, "Well, let's look at the CEO of the educational system." There is no CEO of the educational system. I know there are commissioners, and whatever they're called, but, to be a CEO, you need to have both responsibility and power."

Another panelist, Ellen Moir, executive director of the UC Santa Cruz New Teacher Center, said, "They (school board members) don't have the impetus and the drive and the focus and the control and the power to transform what's going on in (school) districts."

School boards negotiate contracts with teachers and other school personnel and hire the district superintendent. There's ongoing concern that school board decisions are at the least, not effective, and at the worst, interfere with long-term educational goals and continuity of management.

Is a democratically elected school board in the best interests of educating our youth? What do you think?

Read more: http://www.sfgate.com/cgi-bin/blogs/opinionshop/detail?&entry_id=49434#ixzz0TrG2PZNE

Monday, October 12, 2009

Michelle Fort-Merrill sends SDCOE work to her husband , while Bonnie Dumanis charges 5 county officials with conflict of interest

What's going on, Bonnie Dumanis? It sure seems that politics controls your decisions about charging people with crimes.

It seems that BBK partner Woody Merrill is getting some advantages due to his wife's position at San Diego County Office of Education.

Related link: The Schoolhouse Lawyer Who Helped Hire His Overseer (March 2, 2009)


When Wife Advises, Husband’s Firm Almost Always Picked
Michele Fort-Merrill attends a meeting at the County Office of Education. Photo: Sam Hodgson
By EMILY ALPERT
Monday, Oct. 12, 2009

When Michele Fort-Merrill advises her boss that the San Diego County Office of Education should look to outsiders for legal help, it is almost guaranteed that the work will go to her husband's firm, a voiceofsandiego.org analysis has found.

As executive director of human resources, Fort-Merrill advises the county superintendent whether to retain attorneys for personnel issues. She does not choose which firm to employ, but over the past four years, those cases have gone almost exclusively to Best, Best & Krieger, which employs her husband, William Merrill. Fort-Merrill has a financial interest in the firm of more than $100,000 annually through his income, according to her economic disclosure forms...

But a major question was left unanswered: How likely it is that legal business will go to BB&K and to William Merrill specifically if Fort-Merrill advises hiring an outside attorney for a personnel case. The new numbers, culled from public records by voiceofsandiego.org, help shed light on that key question about the relationship. They show it is almost inevitable that personnel cases will go to BB&K, which accounted for 99 percent of the hours attorneys billed for such work since 2005.

That deepens concerns among ethicists about Fort-Merrill giving advice on whether to get legal help...

Public officials are generally barred under California law from making or helping to make government decisions in which they or their spouse have a financial interest. Being involved in the decision can include advising the decision maker.

"The issue is quite simple -- as a public official you shouldn't make decisions based on your financial gain," said Jessica Levinson, director of political reform at the Center for Governmental Studies, a Los Angeles-based nonprofit that helps people participate in their government. "Whether that's her motivation, I can't speak to. But she is financially gaining based on decisions she's making in her professional capacity."

BB&K began receiving almost all of the County Office legal work related to personnel cases four years ago. Its attorneys have billed $234,000 over that time for personnel cases, which averages to $58,500 annually, the voiceofsandiego.org analysis found. The previous firm had billed an average of $17,100 annually in the prior seven years. BB&K both logged more hours and charged slightly more.

BB&K began to be used almost exclusively for personnel cases in July 2005, the same time that Fort-Merrill became executive director of human resources...

Before 2005, the County Office usually turned to Parham & Rajcic, a Laguna Hills firm, to handle cases related to employees. The attorney it often used, Mark Bresee, left Parham in February 2005 for the Orange County Department of Education.

A few months later, the San Diego County Office of Education started sending its personnel cases to BB&K...

BB&K's share of the overall legal business at the County Office of Education has grown over time, from 35 percent in 2000 to 87 percent in 2008...Cases referred by Fort-Merrill's department made up at least 25 percent of its business from 2005 to 2008...

While personnel cases almost always go to BB&K, Merrill himself made up only 7 percent of the attorneys' billing, according to the analysis. But it is unclear whether Merrill and his wife benefit solely from business that goes directly to him as an individual attorney or from BB&K business in general.

Merrill is listed on the firm's website as a partner, a term historically meaning that an employee earns a share of the firm's profits. He filed an economic disclosure form two years ago that listed a partnership in the firm valued between $100,001 and $1 million...

Fort-Merrill's role has been questioned by a former County Office employee, Rodger Hartnett...

But ethicists and attorneys not associated with the case said it was problematic for Fort-Merrill to advise the superintendent on personnel cases that could end up going to her husband or his firm. Some said the new revelations that BB&K is almost always used for those matters only increased their concern.

"She's got a problem. It's an untenable position to be in, and a good law firm would tell her that," said Bob Fellmeth, a professor of public interest law at the University of San Diego.

Derek Cressman, western states regional director for the nonpartisan watchdog group California Common Cause, said he didn't know whether the connection was illegal, but said it raised the appearance that Fort-Merrill was "bettering herself." He said, "If I were a public official that wanted to give voters confidence that I was making decisions based on the public interest, I wouldn't be doing what she is doing."...

"The fact that there is someone in between saying 'yes' and 'no' doesn't mean that this is all fine and dandy," Levinson said. Using the firm on other cases before Fort-Merrill started working "decreases any appearance of impropriety to a certain extent," she said, but does not eliminate the problem...

Government employees and elected officials are generally supposed to recuse themselves from government decisions that could impact their finances, said Roman Porter, executive director of the state Fair Political Practices Commission...

Another code prohibits public officials from having a financial stake in the contracts they make, barring them from preliminary discussions, planning or other involvement...

"However devious and winding the chain may be which connects the officer with the forbidden contract, if it can be followed and the connection can be made, the contract is void," states a 1934 court ruling cited in the guidelines.

Would insurance companies including Aetna, Cigna, UnitedHealth Group, WellPoint Inc make blatantly false statements about cost of healthcare?

White House blasts insurance sector report
Oct 12, 2009
By Steve Holland and David Alexander

WASHINGTON (Reuters) - The White House on Monday blasted a report from the health insurance industry that said Senate healthcare legislation would lead to increases in annual insurance premiums of as much as $4,000 by 2019...

A top goal of Obama in seeking to revamp healthcare is to rein in costs that have soared in recent decades. The report, prepared by consultants PricewaterhouseCoopers and posted on the industry group's website over the weekend, said costs would increase for Americans rather than decline...

The report's release comes as the Senate Finance Committee plans to vote on Tuesday on its healthcare bill after budget analysts gave it a rosy report card, saying it would meet Obama's goal of reducing the budget deficit over 10 years.

A Finance Committee aide called the report "blatantly false and misleading."

The finance panel bill calls for sweeping insurance market reforms, requires most individuals to obtain medical policies and provides tax subsidies to help people afford coverage. The bill also would tax high-cost insurance plans and would place a $500,000 limit on the amount of executive pay that health insurance companies could deduct from taxable income.

The insurance industry group, which represents Aetna Inc, Cigna Corp, UnitedHealth Group Inc, WellPoint Inc and others, defended the report, saying lawmakers have abandoned any effort to slow healthcare costs.

Instead, the bill looks to raise money from insurance companies and, ultimately consumers and employers, to help pay for healthcare costs that outpace wages each year, the group's president Karen Ignagni told reporters.
..



Fact Checker: Health Insurance Industry Reports

Washington Post

Health insurers released two reports this week warning that the reform legislation passed by the Senate Finance Committee would result in soaring premiums.

Both reports -- by PricewaterhouseCoopers for America's Health Insurance Plans and by Oliver Wyman for Blue Cross Blue Shield -- predict premium increases of $3,000 to $4,000 per year for the typical family without employer-based coverage. The finance panel's bill "would have the unintended consequence of increasing premiums and making coverage unaffordable for millions of people," the Blues' chief executive, Scott Serota, wrote in a letter to Congress attached to his group's report.

The White House and congressional Democrats have dismissed both reports as slanted, last-minute attempts to block the legislation. "How many fatally flawed insurance company 'reports' do insurance companies need before their credibility is entirely shot?" said Finance Committee spokesman Scott Mulhauser.

Here is a summary of the insurance industry claims, coupled with a vetting of them by Washington Post staff writer Alec MacGillis:

1. The Individual Mandate
Both reports argue that, because the bill weakened the annual penalty for people who do not obtain health insurance, many young, healthy people would opt to pay rather than get covered. This would result in a concentration of older and sicker people without employer-based coverage buying plans, thus driving up premiums for those people.

Analysis: There is a lively debate about whether the penalty would goad healthier people to get coverage. But the reports are probably too pessimistic. Massachusetts has gotten all but 3 percent of residents into coverage with a penalty of roughly the same size. The reports also do not take into account the draw of the low-cost "young invincibles" policy included in the bill. And the Congressional Budget Office estimates coverage levels would rise to 94 percent of Americans, from 83 percent.

2. New Regulations on Insurance Plans
Both reports argue that new insurance requirements would also push up premiums. Insurers would no longer be able to deny coverage based on preexisting conditions, would have to limit how much they charge based on age, and would have to meet minimum standards for the quality of the coverage offered.

Analysis: There is no question that consumers in loosely regulated states now buy bare-bones policies that would not meet the new standards. But the reports underestimate the pricing power that individuals without employer-based coverage and small businesses would enjoy as a result of being pooled together for coverage, instead of buying on their own in highly uncompetitive markets, as they do today. In addition, small businesses already enjoy protection against denial of coverage, so that rule would not represent a change for them.

3. Soaring Cost in Particular States
The Blues report argues that premiums for those without employer-based coverage would soar most in certain parts of the country, where states loosely regulate the kind of plans that insurers can offer different sorts of consumers. Premiums, it predicts, would increase the least in the Northeast and the most in the South, Mountain West and Southwest.

Analysis: The bill would affect some states more than others, but consumers in those states could find that, as premiums for some go up, many others' would decline. The reason: Lightly regulated states also tend to have higher rates of uninsured and underinsured people, which leads to more people going to the emergency room and higher premiums for those who are insured. Requiring insurance for all may reduce those costs, creating a downward pressure on premiums.

4. New Tax on Costly Employer-Based Plans
The AHIP report argues that a proposed tax on high-cost insurance plans -- the main new revenue source in the Finance Committee bill -- would eventually hit many more plans than expected, making more and more people subject to the tax. The report also argues that, while the tax is to be assessed on insurers and employers, it would be passed on to customers through higher premiums.

Analysis: The report overlooks the likelihood that insurers, employers and employees would shift to less costly plans to avoid the tax. This would happen to such an extent, congressional auditors predict, that much of the new tax revenue would actually come in the form of income taxes -- on the higher wages that employers would give in the place of top-shelf health benefits. The report's authors themselves note that a shift to less costly plans would likely occur, but say that they would nonetheless base their estimate on the tax being fully applied.

5. Medicare and Medicaid Cost Shift
The AHIP report predicts that premiums would rise further as a result of proposed cuts in Medicare and Medicaid spending, which the report says hospitals and doctors would make up by passing on all of the cuts in the form of higher rates for private insurers.

Analysis: The report probably overstates the cost shift. The commission that advised Congress on Medicare reported in March that hospitals that rely most on Medicare and Medicaid report costs closer in line with Medicare payments than do hospitals with a big private payer base. That suggests the former has found ways to make do with the public program's rates. Even the Lewin Group, a consulting firm owned by an insurance company, estimates that, at most, 40 percent of underpayment by public programs is passed on to private insurers.

6. Subsidies for Buying Insurance and Cost Controls
The AHIP report did not take into account the impact of government subsidies for buying coverage -- the heart of the legislation -- on insurance affordability, nor did it account for provisions in the bill that aim to slow the growth of health-care spending. PricewaterhouseCoopers has distanced itself from the report by saying that the AHIP had instructed the firm to focus on only some features of the bill. The Blues report also left aside the cost-control reforms, but it took the subsidies into account in cursory form, finding that they would mostly offset the predicted increase in premiums for about 15 million buying insurance but not for another 5 million.

Analysis: Even reform supporters concede that provisions in the bill to control the growth in health-care costs are limited and hard to assess. But it is dubious to predict the affordability of insurance under the bill without taking into full account the impact of subsidies, which would apply to families earning as much as $88,000. Jonathan Gruber, an MIT health-care economist who has advised the Finance Committee, has done his own estimates that take the subsidies into account. He predicts that savings would be biggest for older people and for those who qualify for subsidies -- as much as several thousands of dollars per year -- but even a young person who does not qualify for subsidies would save several hundred dollars a year.

John de Beck tells it like it is: SDUSD board screwed up by keeping surplus teachers and raising class size


The funding problem with schools

By John de Beck
SDNN

...Last year the board decided not to lay off teachers, and about 185 remained on the payroll, despite the fact they did not have teaching stations or children. (I will use the term, “surplus teachers” to identify these people.)

In addition the district used savings that increasing class size would provide (reducing the number of teachers needed), to balance our “tentative” 2009-10 budget.

So we had two conflicting problems and solutions. One was (to realize any savings) that any remaining surplus teachers would have to be placed in already budgeted positions (some of which were cut to save money this year) and the board decided to offer these teachers jobs and training in special education so they could fit into jobs that were budgeted, needed, and unfilled. Others were going to be used for substitutes, and other unfilled jobs that would come from special funded projects. The second was that we would have other unassigned teachers caused by the class size increase.

The board seemed to forget (or was not told) that the problem was that increasing class sizes would add to the need to find places for people and that the class size savings we used to balance our budget were on paper, and not real unless all surplus teachers got assignments that were already in the budget.

Principals were told to implement class size increases for this year and when enrollments showed a decline (or were flat) in September at Ocean Beach, Normal Heights and other schools, they just followed directions and reduced staff according to contract and district rules. The result was that they have had to let teachers go into the pool of surplus teachers (increasing the total) and had to use the remaining staff according to the staffing formulas they were given. They had no choice but to reorganize their schools and that caused them to use techniques like combination classes, to meet their official staffing ratios....


Maura Larkins comment:

It’s a wonder the great Terry Grier didn’t point this out to the board. Or maybe he did, but either way, it doesn’t take a genius to figure out that this plan wouldn’t work. The board calculated that it had to keep the surplus teachers to please the teachers union (Democrats), and to raise class size so it would appear that it was dealing with the budget crisis (Republicans). The board seems to care only about pleasing the politically powerful, and is so lacking in courage that it wouldn’t fess up about what it had done before school started, when the current debacle could easily have been prevented. Why can’t we elect board members with the courage to put kids first?

Local accountant Graham McMillan helped publicize a Ponzi scheme


I can relate to Graham McMillan.

Burning with "moral outrage," McMillan spent years investigating the scheme, obsessively debunking it on the internet and pressuring authorities to do something. He suspected from the beginning that he'd stumbled upon a Ponzi scheme, a scam in which money from new investors is used to pay big returns to previous investors, sometimes for years, until everything collapses.


The Avenging Accountant

Local accountant Graham McMillan helped publicize a Ponzi scheme that snared his parents. Photo: Sam Hodgson
By RANDY DOTINGA
Oct. 11, 2009

As his brother helpfully pointed out a few years ago, San Diego accountant Graham McMillan could have just let it go.

After all, he'd helped his elderly Canadian father recover the $50,000 he socked away in a suspicious investment scheme that promised 40 percent returns. He'd harangued those he thought were swindlers and alerted authorities in the U.S. and Canada. What more was there to do?

Lots. Burning with "moral outrage," McMillan spent years investigating the scheme, obsessively debunking it on the internet and pressuring authorities to do something. He suspected from the beginning that he'd stumbled upon a Ponzi scheme, a scam in which money from new investors is used to pay big returns to previous investors, sometimes for years, until everything collapses.

Now, McMillan is being hailed as a hero for helping to uncover an alleged scam that snared thousands of American and Canadian investors and may have robbed them of $400 million. It's said to be the largest Ponzi scheme in Canadian history.

One Canadian newspaper called McMillan a "warrior accountant." Another dubbed him a "Ponzi scheme saboteur."

"If everybody did what Graham did, there would be a lot less fraud in this world," said San Diego swindler-turned-scam-hunter Barry Minkow, who investigated part of the alleged scam earlier this decade...

CIGNA employee flips off mother of girl who died when transplant denied

CIGNA Employee Flips Off Mother Of Dead Girl Denied Transplant
The Huffington Post
Rachel Weiner
10- 8-09

A CIGNA employee gave the finger -- literally -- to a woman whose daughter died after the insurance giant refused to cover her liver transplant.

Hilda and Krikor Sarkisyan went to CIGNA's Philadelphia headquarters, along with supporters from the California Nurses Association, to confront the CEO Edward Hanway over the death of her 17-year-old child.

In 2007, Nataline Sarkisyan was denied a liver transplant by the company, on the grounds that the operation was "too experimental" to be covered. Nine days later it changed its mind, in response to protests outside its office. It was too late: Nataline died hours later.

"CIGNA killed my daughter," Nataline's mother Hilda told security. "I want an apology." Sarkisyan was not able to speak to Hanway; a communications specialist talked to her instead. After their conversation, employees heckled the group from a balcony; one man gave them the finger. CIGNA called the police and had the family and their friends escorted from the building...

"What unbelievable nerve," said Americans United For Change spokesman Jeremy Funk in a statement. "A case that should have prompted CIGNA to seriously reevaluate its policies instead led its employees to taunt and insult a grieving mother who lost her daughter. Absolutely sick. Does Congress need any more reasons to pass meaningful health insurance reform now?"

The Sarkisyan family's wrongful-death suit was thrown out of court because of a 1987 Supreme Court ruling that shields employer-paid health care plans from damages over their coverage decisions.

The Sarkisyans say the law needs to be changed to allow people to sue health insurers for these kinds of decisions.

[Maura Larkins comment: Do CIGNA employees stand around in the halls frequently, or were they allowed to do so on this day in particular to intimidate a grieving mother?]


Read more at: http://www.huffingtonpost.com/2009/10/08/cigna-employee-flips-off_n_314189.html

Sunday, October 11, 2009

Matt Osborne analyzes the San Diego ACORN videos

The following article includes videos of Juan Carlos Vera, Hannah Giles and James O'Keefe

ACORN San Diego: Mucha Dificultad Sobre Nada
by Matt Osborne
September 24, 2009

Today, I finally got around to watching the San Diego videos, and once again there's a Faux Edit™ going on. Apparently, that's a habit with filmmaker James O'Keefe, the "pimp" in these videos. The first minute is going to make you squirm, but then the video will start at the beginning and you'll get a completely different sense of context...

Terrific Article about Ayn Rand

Wealthcare
Jonathan Chait
The New Republic

Goddess of the Market: Ayn Rand and the American Right
By Jennifer Burns
(Oxford University Press, 459 pp., $27.95)

Ayn Rand and the World She Made
By Anne C. Heller
(Doubleday, 559 pp., $35)

...There was more to Rand’s appeal. In the wake of a depression that undermined the prestige of business, and then a postwar economy that was characterized by the impersonal corporation, her revival of the capitalist as a romantic hero, even a superhuman figure, naturally flattered the business elite. Here was a woman saying what so many of them understood instinctively. "For twenty-five years," gushed a steel executive to Rand, "I have been yelling my head off about the little-realized fact that eggheads, socialists, communists, professors, and so-called liberals do not understand how goods are produced. Even the men who work at the machines do not understand it." Rand, finally, restored the boss to his rightful mythic place.

On top of all these philosophical compliments to success and business, Rand tapped into a latent elitism that had fallen into political disrepute but never disappeared from the economic right. Ludwig von Mises once enthused to Rand, "You have the courage to tell the masses what no politician told them: you are inferior and all the improvements in your condition which you simply take for granted you owe to the effort of men who are better than you."...


http://www.tnr.com/article/books-and-arts/wealthcare-0

Michael Bishop: Many good teachers are uncertified, and bad teachers are certified

Emily Alpert at Voice of San Diego writes: Jay Mathews at the Washington Post says we need a way to fix the mess around teacher certification. But most importantly, he quotes my old roommate Michael Bishop, a Ph.D candidate at the University of Chicago who knows a heck of a lot about teacher training and also makes excellent pancakes.


Fixing the Teacher Certification Mess
Jay Matthews
Washington Post
Sept. 2009

I have no doubt our system for certifying teachers is broken. On Aug. 24, I wrote about a first-rate Prince George’s County teacher who was nearly fired because of official confusion over his certification credits. These are courses he must take to keep his job, but the people in charge had given him conflicting information about how many, and which, courses he needed. Since then, scores of educators have sent me their own horror stories---some of which I collected in another column on Sept. 7...

What do we do about this? Many readers have sent their ideas. But it’s not going to be easy. Injecting common sense into the process threatens the way our education schools teach and the way our school districts hire. Those powerful interest groups show little willingness to change. But the acidic frustrations expressed by people who contacted me are, thankfully, corroding the resistance to innovation.

What of broader systemic reform? Michael Bishop, a Ph.D. candidate in sociology at the University of Chicago|http://www.uchicago.edu/, nicely summed up the research on this issue.

Studies “find that certified teachers do a little better, or at least no worse. Unfortunately this is very weak evidence that the certification process caused the teachers to become better, rather than merely identifying who is better. Furthermore, the typical study cannot make a fair comparison because uncertified teachers are more likely to be teaching disadvantaged students. What is clear is that there are many good teachers who are uncertified, and bad teachers who are certified.”...

FBI Investigated Coder for posting public documents

Aaron Swartz




















FBI Investigated Coder for Liberating Paywalled Court Records
By Ryan Singel
Wired.com
October 5, 2009

When 22-year-old programmer Aaron Swartz decided last fall to help an open-government activist amass a public and free copy of millions of federal court records, he did not expect he’d end up with an FBI agent trying to stake out his house.

But that’s what happened, as Swartz found out this week when he got his FBI file through a Freedom of Information Act request. A partially-redacted FBI report shows the feds mounted a serious investigation of Swartz for helping put public documents onto the public web .

The FBI ran Swartz through a full range of government databases starting in February, and drove by his home, after the U.S. court system told the feds he’d pilfered approximately 18 million pages of documents worth $1.5 million dollars. That’s how much the public records would have cost through the federal judiciary’s pay-walled PACER record system, which charges eight cents a page for most legal filings.

“I think its pretty silly they go after people who use the library to try to get access to public court documents,” Swartz said. “It is pretty silly that instead of calling me up, they sent an FBI agent to my house.”...

Sometimes we have to go to a Court of Appeal to get justice in defamation suits

Nevyas v. Morgan
Citizen Media Law Project

The plaintiffs, Nevyas, Nevyas-Wallace, and Nevyas Eye Associates, brought suit in November 2003 for damages and injunctive relief for defamation and breach of contract for statements about their LASIK eye surgery practice posted online by a former patient, Dominic Morgan. A motion for temporary restraining order was denied in 2003 by the Common Pleas Court in Philadelphia County, and the plaintiffs subsequently also brought suit in federal court when the defendant made further additions to his website. The federal claims were dismissed in 2004. The state court claims proceeded to trial in July 2005, and the trial court granted an injunction in favor of the plaintiffs. On appeal, the Superior Court of Pennsylvania vacated the injunction in March 2007 and remanded the case to the trial court for futher proceedings.

Dr. Nevyas-Wallace performed elective LASIK eye surgery on the defendant Dominic Morgan in 1998. Displeased with the results, Morgan commenced a medical malpractice action against Nevyas-Wallace, Nevyas, and the clinic, Nevyas Eye Associates. Ultimately, the dispute was resolved through arbitration. According to the complaint, Morgan created a website that contained numerous defamatory statements. (Compl. ¶ 17). The plaintiffs contend that they entered into an agreement with Morgan in August 2003 in which Morgan agreed to remove all defamatory material and references to the plaintiffs from the website, and in return the plaintiffs would forego filing suit against him. (Compl. ¶ 20) In November 2003, the plaintiffs discovered a reconstructed website containing what they contend were defamatory statements. (Compl. ¶¶ 21-22).

The plaintiffs filed a petition for a temporary restraining order and preliminary injunction on November 10, 2003, but the motions were denied on November 18, 2003. The case proceeded to a non-jury trial limited to specific performance of the contract on July 26, 2005. The trial court granted an injunction in favor of the plaintiffs on October 19, 2005, forbidding Morgan from mentioning the Nevyases at all on his website.

On appeal, the court found that Morgan did not waive his right to make critical statements in the future and he had specifically reserved the right to update his website. Thus, the Superior Court of Pennsylvania vacated the order granting the injunction and remanded the case to trial court for determination of whether the statements were defamatory and whether the statements posted in November were the same as the statements posted in July 2003. Nevyas v. Morgan, 2007 PA Super. 66.

Saturday, October 10, 2009

Putting presidents in jail: Peru/Taiwan

Peruvian ex-President Fujimori sentenced for bribes, wiretaps to 6 years, fined $9 million
Andrew Whalen
September 30th, 2009

LIMA, Peru — A court imposed a six-year prison sentence Wednesday on disgraced ex-President Alberto Fujimori, who already faced the prospect of spending the rest of his life in a cell after three previous convictions. He also was fined $9 million for authorizing wiretaps and bribes.

The sentencing concluded two years of televised trials that forced a country still divided over its bloody past to relive the darkest days of Fujimori’s authoritarian, corruption-riddled administration.

Animated and unrepentant in early trials, the ailing 71-year-old former president appeared resigned in his later hearings. TV cameras often caught Fujimori sleeping at his table alone in the center of the courtroom.

Asked by the presiding judge Wednesday if he accepted his sentence in the corruption trial, Fujimori stood up and quietly told the court, “I move to nullify.”

On Monday, Fujimori pleaded guilty to the charges, a decision his lawyer says was based on the belief that he could not get a fair trial before the special Supreme Court panel.

Since his 2007 extradition to Peru from Chile, the three-judge panel has convicted Fujimori of crimes against humanity for authorizing military death squads, of abuse of power for an illegal search and of embezzlement for paying his spy chief $15 million in state funds.

Prison terms are served concurrently in Peru, so the 25-year sentence imposed in the murder and kidnapping trial is the maximum he could serve. Arrested in Chile in 2005, that would leave Fujimori in jail until 2030.

He could be freed far earlier, however, if his daughter Keiko is elected president in 2011. She has vowed to pardon her father and leads some recent campaign polls, largely because Fujimori remains popular for crushing the Maoist Shining Path rebels during his decade in power...




Former Taiwan president sentenced to life in prison in corruption case

National Post
Reuters
September 12, 2009

Former Taiwan president Chen Shui-bian, known for fiery anti-China rhetoric while in office, was found guilty of corruption yesterday and sentenced to life in prison. Taipei District Court convicted the two-term president on six charges related to bribery and corruption, closing a fractious, high-profile case that opened nearly three years ago and involved Chen's wife and numerous family members and aides. He was also fined US$6-million. Prosecutors had charged Chen with embezzling US$3.2-million from a special presidential office fund, accepting bribes of about US$9-million related to a land procurement deal and taking another US$2.7-million in kickbacks. Chen has said the charges were political, denied wrongdoing and will appeal.

I Was a Teenage Death Panelist and The Case for Killing Granny

I Was a Teenage Death Panelist
Published Sep 12, 2009
From the Newsweek issue dated Sep 21, 2009

Though I did not realize it on either occasion, I have twice served on death panels. The first was more than two decades ago, when my grandmother was ill and there was little hope of recovery. My grandfather asked me (in passing, to be sure; I was 16) whether we ought to prolong her life by artificial means or let her die what I clearly remember his calling "a noble death." Then, last year at this time, my father was diagnosed with a fatal case of lung cancer (three packs of cigarettes a day for 40 years will do that to you) and quickly ended up on a respirator for several days, with, the doctors advised, no hope of ever waking up. His wife and I consulted over a painful weekend and made what was to us a clear decision. A priest was summoned, prayers said, and the machines turned off. He died within moments.

Such situations are not what the right-wing opponents of President Obama's health-care reform were thinking of when they coined the term "death panels," a lie crafted to foment opposition to the president's push for reform. In fact, the origins of what became the dreaded death panels show the idea to be sensible and humane: the proposal was to encourage families to consult with their doctors about end-of-life care. The phrase is at once politically brilliant and horribly misleading.

The original bill was heading in the right direction: Americans do spend an inordinate amount of money (30 percent of Medicare, for instance) on care in the last six months of life...




The Case for Killing Granny

Rethinking end-of-life care
By Evan Thomas
Published Sep 12, 2009
Newsweek issue dated Sep 21, 2009

My mother wanted to die, but the doctors wouldn't let her. At least that's the way it seemed to me as I stood by her bed in an intensive-care unit at a hospital in Hilton Head, S.C., five years ago. My mother was 79, a longtime smoker who was dying of emphysema. She knew that her quality of life was increasingly tethered to an oxygen tank, that she was losing her ability to get about, and that she was slowly drowning. The doctors at her bedside were recommending various tests and procedures to keep her alive, but my mother, with a certain firmness I recognized, said no. She seemed puzzled and a bit frustrated that she had to be so insistent on her own demise.

The hospital at my mother's assisted-living facility was sustained by Medicare, which pays by the procedure. I don't think the doctors were trying to be greedy by pushing more treatments on my mother. That's just the way the system works. The doctors were responding to the expectations of almost all patients. As a doctor friend of mine puts it, "Americans want the best, they want the latest, and they want it now." We expect doctors to make heroic efforts—especially to save our lives and the lives of our loved ones.

The idea that we might ration health care to seniors (or anyone else) is political anathema. Politicians do not dare breathe the R word, lest they be accused—however wrongly—of trying to pull the plug on Grandma. But the need to spend less money on the elderly at the end of life is the elephant in the room in the health-reform debate. Everyone sees it but no one wants to talk about it. At a more basic level, Americans are afraid not just of dying, but of talking and thinking about death. Until Americans learn to contemplate death as more than a scientific challenge to be overcome, our health-care system will remain unfixable.

Compared with other Western countries, the United States has more health care—but, generally speaking, not better health care. There is no way we can get control of costs, which have grown by nearly 50 percent in the past decade, without finding a way to stop overtreating patients...

Schools Should Stop Telling Kids to be "Nice"

Schools Should Stop Telling Kids to be "Nice"
The key but overlooked argument from Charles Murray’s Real Education.
DoubleX
September 28, 2009


..[I]t is Murray’s distinction between “nice” and “good” that deserves the most attention, since schools do in fact place too much emphasis on being “nice.”

The KIPP slogan “Work hard, be nice” comes to mind, as does “cooperative learning,” the stock phrase of many public school districts. Being “nice” comes from practiced, structured interaction with others: group activity, “Accountable Talk®” (a structured—and trademarked—form of class discussion), and pleasant, uncontroversial subject matter with familiar social messages. (“We should all go for our dreams.” “We should all treat one another with respect.” “All religions are equal.”)

Will Fitzhugh calls such niceness “critical likability.” Being good is more complex than being nice. It requires that we recognize our own faults and complexities; that we forgive each other; that we say what we think; that we make difficult decisions and face the consequences.

When we read literature and history, we begin to glean what it means to be good. We see how people with the best intentions can fail; how people struggle with conflicting desires and values and make the best choices they can; how people overcome their limitations when put to the test. From works like Antigone, The Adventures of Huckleberry Finn, and Chekhov’s short stories, we learn about selfishness, cruelty, cowardice, and confusion, as well as grace, generosity, and patience. We come to see elements of all these traits in ourselves. We learn, too, from reading the likes of The Canterbury Tales, A Midsummer Night’s Dream, Alice’s Adventures in Wonderland, and the poetry of Edgar Allen Poe or Christina Rossetti, of the delight of language—the playfulness, the ambiguities, the rhythms, the sounds. But programs such as Balanced Literacy (mandated in New York City and other districts) place more emphasis on process than on works of literature, and much of the reading material lacks vitality. Tests, test preparation materials, leveled texts (books that match specific reading levels), and textbooks are filled with bland fiction and nonfiction. In The Language Police, Diane Ravitch shows, in relentless and astounding detail, how test-makers and textbook publishers have censored reading passages to appease various interest groups on the right and left. As a result of such censorship, children read strained, pleasant stories with predictable endings. How, under such circumstances, could students learn what it means to be good?

Insiders expand their control to school construction division in LAUSD, causing award-winning facilities department to lose its chief


L.A. schools construction chief resigns

Guy Mehula, 56, who had been with the program since 2002, quit after an apparent power struggle with district leadership. James Sohn is named interim facilities chief.
By Seema Mehta
September 29, 2009

Guy Mehula, the highly regarded head of the Los Angeles Unified School District's massive school construction program, has resigned after an apparent power struggle with district leadership.

In a brief letter to subordinates Monday, Mehula gave no hint of discord, painting his departure as an opportunity to search for new challenges. "The work that we have done together and the investments we have made in our schools, community, and economy are significant," he wrote.

But critics say Mehula's resignation is fallout from a growing rift between his facilities services division and district headquarters, prompted by policy changes made by Supt. Ramon C. Cortines that threaten to dismantle the award-winning division.

"There's an old saying: 'If it ain't broke, don't fix it,' " said Thomas A. Rubin, a consultant to the district's bond oversight committee, which is overseeing expenditure of more than $20 billion in voter-approved school construction and modernization funds. "This ain't broke. It's not perfect, but it is almost without any doubt whatsoever the best thing the district has done in decades."

For many years, the facilities division had been at the center of significant turmoil, cost overruns and other problems, most notably the construction of the Belmont Learning Complex atop an oil field. The project ended up taking 15 years and costing more than $400 million. About a decade ago, after the Belmont furor, there was a push to create a quasi-independent facilities division that was insulated from district politics and composed of professional construction managers instead of district insiders...

Voters want the impossible

Salon.com's Joan Walsh wrote yesterday about a "paradoxical Quinnipiac poll, showing only 29 percent of voters think the GOP is negotiating in good faith on healthcare, but 57 percent want the healthcare reform bill to be "bipartisan" nonetheless."

Teachers don't get observed much--so what are lay-offs based on? Washington DC dismisses 229 teachers

"The reasons for McCarey's dismissal from Anacostia High couldn't have been based on much observation, she said. The administration was new this school year. Her contact with her new supervisors was limited to an interview over the summer, after which she was rehired, and a five-minute classroom visit the week before the layoff..."

New and Veteran Teachers in D.C. Stunned By Their Dismissal, as Well as Handling

By Michael Birnbaum
Washington Post Staff Writer
Thursday, October 8, 2009

A neat row of X's stretches down Eve McCarey's performance evaluation, showing that in category after category, she is someone who "exceeds expectations." With three years of experience as a special education teacher at Anacostia High School, she is hardworking, well-spoken and now unemployed...


McCarey, 28, a graduate of D.C. public schools who once helped develop curricula in Sudan, shared Gill's bruised feelings about the decision to lay her off and the manner in which her dismissal was executed. Nearly 400 school employees, including 229 teachers, lost their jobs.

"It was just the most disrespectful thing," McCarey said. Teachers were interrupted in the middle of class, escorted to the principal's office and read a script by their soon-to-be-ex-boss. The office of Schools Chancellor Michelle A. Rhee told principals not to give laid-off employees specific reasons for their dismissals.

The reasons for McCarey's dismissal from Anacostia High couldn't have been based on much observation, she said. The administration was new this school year. Her contact with her new supervisors was limited to an interview over the summer, after which she was rehired, and a five-minute classroom visit the week before the layoff, she said.

Her June 1 job evaluation, a copy of which she shared with The Washington Post, gave her 28 of 30 possible points...

Friday, October 09, 2009

Bloggers, journalists and freedom of speech

Minor Win for Bloggers in Fourth Circuit's GHF Ruling
TechLaw
September 28, 2009

En route to tossing out a $2.9 million jury verdict for invasion of privacy and intentional infliction of emotional distress against the author of a hateful screed at , the U.S. Court of Appeals for the Fourth Circuit slipped in a goodie for bloggers at footnote 13:

[W]e believe that the First Amendment protects nonmedia speech on matters of public concern that does not contain provably false factual assertions. Any effort to justify a media/nonmedia distinction rests on unstable ground, given the difficulty of defining with precision who belongs to the "media."

Similar statements rejecting a distinction, for First Amendment purposes, between official "media" and non-media speakers were made in Flamm v. Am. Ass'n of Univ. Women, 201 F.3d 144, 149 (2d Cir. 2000), and In re IBP Confidential Bus. Documents Litig., 797 F.2d 632, 642 (8th Cir. 1986), both of which the Fourth Circuit cited.

The case is Snyder v. Phelps, No. 08-1026 (4th Cir., Sept.24, 2009).





A NEW JERSEY JUDGE HAS A DIFFERENT TAKE

Judge Says Blogs Not Legitimate News Source; No Shield Protections

from the seems-to-leave-a-lot-of-leeway dept
TechDirt
July 4, 2009

Back in May we wrote about a lawsuit questioning whether or not a blogger could use journalism shield laws to protect a source who sent her info she used for a blog post. The company the info was about is suing her for slander (which is odd, since slander is usually spoken, while libel is written). The woman, Shellee Hale tried to claim that she was protected under New Jersey's shield law, which allows a journalist to protect sources. In writing about this case originally, we pointed out that the judge in question clearly did not know much about the internet, and via his questions seemed positively perplexed that anyone would blog at all: "Why would a guy put all this stuff on a blog? Does he have nothing better to do?"

Thus, it should come as no surprise that the judge has now ruled that Hale is not protected by shield laws because she has "no connection to any legitimate news publication." This is troubling for a variety of reasons. First, it leaves open entirely to interpretation what exactly is a "legitimate news publication." The judge seems to think it only applies to old school media, saying: "Even though our courts have liberally construed the shield law, it clearly was not intended to apply to any person communicating to another person." Sure, but that doesn't mean that an individual who posts something in the pursuit of reporting isn't media as well. It looks like Hale will appeal this decision, and hopefully other courts will recognize that you don't have to work for a big media organization to be a reporter any more.




TEXAS ALLOWS BLOGGER EARLY APPEAL

A Texas Case Asks Whether Bloggers Enjoy Journalists' Right to Early Appeals
By JULIE HILDEN
Wednesday, August 5, 2009

Earlier this summer, a Texas Court of Appeals issued an opinion addressing a question that is likely to be of very significant importance in the coming years: Should the law treat bloggers the same way it treats traditional journalists?

In this column, I'll analyze the ruling. I'll also suggest that traditional journalists do not exclusively deserve special protections such as the right to interlocutory appeal. Rather, such protections should be available to all online and offline writers.

The Ruling on the Interlocutory Appeal, and the Ruling on the Merits

The Texas appeal, Kaufman v. Islamic Society, pitted writer Joe Kaufman against one subset of a larger set of Islamic groups that had co-sponsored a "Muslim Family Day" at an Arlington, Texas "Six Flags" amusement park. The suit alleged that Kaufman had defamed the plaintiffs in a highly critical piece he wrote about the event for the website of Front Page Magazine.

Kaufman sought summary judgment at the trial court level, and lost. He then tried to appeal. However, the plaintiffs argued both that Kaufman's appeal lacked merit, and that he was not entitled to file it yet.

In particular, the plaintiffs contended that Kaufman did not fall within a special statute allowing journalists to file interlocutory appeals – appeals that occur mid-case. Interlocutory appeals are generally rare and disfavored, because of the problems and delays that occur when cases ping-pong back and forth between trial and appellate courts. The statute carved out a special exception.

The appeals court ruled for Kaufman on both points, holding both that he was entitled to an interlocutory appeal, and that he was entitled to summary judgment on the merits of his defense. However, my focus here is on the Texas court's ruling allowing an interlocutory appeal on the ground that Kaufman counted as a journalist, even though his work appeared online.

The Reason Kaufman Was Granted An Interlocutory Appeal

Regarding the interlocutory appeal issue, the Texas appeals court cited a specific state statute that allowed such an appeal to be filed in this instance. The statute, by its terms, is triggered by the denial of a motion for summary judgment that is partially- or wholly-based upon a free-speech-based claim or defense...

President Obama wins Nobel Peace Prize


US reaction to Obama's win of Nobel Peace Prize

By The Associated Press (AP)
October 9, 2009

"Let me be clear: I do not view it as a recognition of my own accomplishments, but rather as an affirmation of American leadership on behalf of aspirations held by people in all nations. To be honest, I do not feel that I deserve to be in the company of so many of the transformative figures who've been honored by this prize." — Obama.

"The president has consistently shown that he is committed to reaching out to other nations and positioning America to once again be the global leader for peace and prosperity. This is a great honor for our country and reminds us all of the promise our nation holds." — Gov. Arnold Schwarzenegger, R-Calif.

"...This was not an award for him. It was an award for America and its values, and it really is a tribute to our country and what we stand for." — Sen. Dick Durbin, D-Ill.

"The Nobel Committee's decision to award this year's Peace Prize to President Obama is an affirmation of the fact that the United States has returned to its long-standing role as a world leader." — Gov. Tim Kaine, D-Va., Democratic National Committee chairman."

"He has changed the tone of U.S. foreign policy by making it clear to the world that we are in a race between cooperation and catastrophe, and he has reshaped the global focus and debate." — Former Sen. Sam Nunn, co-chairman of the Nuclear Threat Initiative."

Wednesday, October 07, 2009

Stutz doesn't file "Motion to Enforce" as promised; the motion filed, however, seems similar

CORRECTION OCT.8, 2009: I just read Stutz' full motion, and I have found that it does indeed ask the court to find me in contempt.

The motion title is "MOTION TO STRIKE ANSWER OF DEFENDANT MAURA LARKINS AND ENTER DEFAULT IN FAVOR OF PLAINTIFF STUTZ ARTIANO SHINOFF & HOLTZ." But within the motion is the request for the contempt finding.

Do other lawyers ask judges to strike an Answer almost two years after the Answer was filed? Is this as strange as I think it is???

Do other lawyers ask for bizarre sanctions based on interpretations of the Plaintiff that were never ruled on by the judge? I removed words that Stutz found offensive (such as "cover-up") and replaced them with less loaded words (concealing events). What am I supposed to call it when Stutz keeps the public from knowing about events in schools that lead to litigation costing the taxpayers hundreds of thousands of dollars?


I am rewriting this post as I read carefully through Stutz' motion. I've placed my original post in the comments below.

Why do Internet Explorer and Firefox to warn searchers to stay away from ZoomInfo?

See all posts about Lora Duzyk.

Internet Explorer warns me away from ZoomInfo. I went to Firefox and clicked on Lora Duzyk's Zoom Info profile

Page Load Error
Secure Connection Failed
* This could be a problem with the server's configuration, or it could be someone trying to impersonate the server.
Or you can add an exception…


I clicked on "Or you can add an exception."

Again I was warned away; I was given a choice between "Get me out of here!" or "Add exception."

So I clicked "Add exception."

Then I was given the opportunity to see the security certificate for the site, at which point I was shown a security certificate for Zoom.

So what's the problem?

I tried again to see Lora Duzyk's page on Zoom Info, and I succeeded. The first page of links about Duzyk consisted almost entirely of blurbs by organizations in which Duzyk herself has much power. She is a recent past president of CASBO.

Obviously, those links aren't a problem for Duzyk.

Here's an example:


ACSA, CASBO LEADERS TAKE ADEQUACY MESSAGE TO D.C.

Association of California School Administrators
(This link is safe; it's an ACSA web page.)
Posted: October 26, 2006
Source: EdCal
Representatives of ACSA joined the delegates of the California Federal Education Advocacy Collaborative in Washington, D.C. from Sept. 27-29. The trip was sponsored by the California Association of School Business Officials. Frank Gomez, ACSA vice president...

Members of the advocacy delegation also included: Lora Duzyk, CASBO president, San Diego COE; Bill McGuire, CASBO president elect...

The group was in Washington to discuss a number of issues with political leaders...





Surely this article about SDCOE buying a Unisys system isn't an embarrassment for Duzyk. Why would it be?

Unisys News and Events


The San Diego County Office of Education, which provides a wide range of services for the county’s 42 public school districts, put in a first-day order for a ClearPath Libra 690, which takes advantage of the system’s support for both the Unisys MCP operating environment and Microsoft Windows, running on an integrated Intel processor module.

“The ClearPath 690 will enable the County Office of Education to provide teachers, administrators and parents with valuable student and school information,” said Lora Duzyk, assistant superintendent of Business Services for the County Office of Education. “We will be able to continue with our current applications, while also providing local school districts with new ones on the open Wintel module. And with ClearPath’s pay-for-use buying model, we expect to get the most value for our dollar, which is extremely important to the County Office of Education and our local school districts.”



The problems for Duzyk start on the second page of links, with links to Voice of San Diego and my own websites.


I searched for news about Zoom Info, and discovered that there is no problem. In fact, Zoom has recently entered into collaboration with Microsoft:

ZoomInfo, Microsoft collaborate for integrating search into CRM
Submitted by Manjinder Singh
Top News
03/09/2009

In collaboration with Microsoft, the business information search engine ZoomInfo will be amalgamating its wide-ranging search technology with Microsoft's Dynamic CRM platform...

ZoomInfo's technology is so effective in digging out business information, largely from sources like press releases and corporate bios on websites, that its intelligence algorithm can even set apart information about people with same names!...


My conclusion: I'm wondering if Microsoft/Zoom is trying to get rid of the more controversial information about individuals. Maybe the new entity is trying to abandon the old Zoom pages, and institute new web addresses for its pages, with more censorship. Obviously, the old pages have been safe for many years. They didn't get to the top of Google results by being disreputable.

Sandra Villegas Zuniga has replaced Tom Cruz as CVESD human resources director

Joy Behar comments on Mel Gibson's rant about Jews, and getting conviction for drunk driving expunged

Joy Behar does a good job in this CNN commentary. She's Italian, by the way.

http://myprops.org/content/Behar-Gibson-is-anti-Semite/

Schools use stimulus funds as excuse for cutting their own funding

Voice of San Diego:

ProPublica writes about a government watchdog report that finds that many states are using school stimulus money to reduce what they chip in for education -- not to add to it as the feds had intended.

Ed. Dep’t Watchdog: Stimulus Dollars For Schools Miss The Mark
by Christopher Flavelle
ProPublica -
October 6, 2009

Some states are bending the rules that govern the use of the education stimulus dollars, according to a report [1] released last week by the Department of Education’s inspector general. The report, which carried the deceptively bland title “Potential Consequences of the Maintenance of Effort Requirements under the ARRA Fiscal Stabilization Fund,” found that some states are using the program to reduce their own funding for public education...

Do things like this happen in the US? Chechen leader prevails against rights activist

Raise your hand if you're surprised that Chechnya's Russian-backed leader won a defamation suit against a rights activist. Not exactly shocking. (See "Fall guys charged in killing of Russian journalist.")

But what about the US?

Well, we've had some problems, too. One example is the prosecution of Don Siegelman by friends of Karl Rove in Alabama. I don't just mean that this US attorney was politically like-minded to Karl Rove. I mean she was a personal friend.

What has surprised me is how Judge Judith Hayes has handled the Stutz Artiano Shinoff & Holtz defamation case against me.
See all posts re Stutz v. Larkins.

The judge allowed Daniel Shinoff to refuse to be deposed or produce documents; then she relied on his declaration to rule in his favor in a summary judgment. She threw out my declaration even though I submitted to a six-hour deposition and produced hundreds of documents.


Chechen leader wins libel case
Kadyrov will be paid $1,677 in symbolic damages for being accused of Estemirova's murder [AFP]
October 7, 2009

A Moscow court has ordered a Russian human rights group to retract its accusation that Ramzan Kadyrov, the Chechen president, was responsible for the kidnap and murder of one of its activists.

Oleg Orlov, the head of Memorial, was ordered to withdraw a statement that Kadyrov was behind the killing of Natalia Estemirova, who was abducted in Chechnya and found dead in neighbouring Ingushetia on July 15.

"The court ruled to partly satisfy Kadyrov's lawsuit against rights group Memorial and its chairman," Moscow's Tverskoi district court said in Tuesday's ruling.

Orlov said he would appeal against the decision. He also said he would take the case to the European Court of Human Rights, if necessary, but would retract the statement if his appeals failed...

Has Bob Watkins ever actually volunteered for anything?

See all Bob Watkins' posts.

I'm wondering if Airport Authority chairman Bob Watkins ever did anything without significant compensation. I've been reading letters to the editor in the San Diego Union Tribune (below) that rave about Watkins' contributions to the community.

But we'd have to go back and look at his reimbursements for "expenses" to find out if he was really volunteering, wouldn't we? And then there is the political capital he amassed by pleasing the powerful.

I've twice met Bob Watkins, both at SDCOE meetings. I spoke both times, criticizing SDCOE for its relationship to school attorney Daniel Shinoff.

The first time Bob Watkins looked at me with a very friendly smile on his face. I suspect he didn't listen to a word I said; he had absolutely no verbal response. He showed his true attitude the second time I spoke, when he rudely interrupted me, trying to prevent me from having my say.

John Witt and Susan Hartley had the decency to look down at their desks as I spoke. I appreciate their body language, which at least acknowledged that the subject of discussion was a serious matter.








The Watkins story
Letters to SDUT Oct. 6, 2009

Something or nothing? Being an investigative reporter in San Diego must be a lot like being a weather man in San Diego: you have to try to make something out of nothing.

Your multiple articles on Bob Watkins, chairman of the board of the San Diego County Regional Airport Authority, was nothing more than character assassination in the guise of investigative journalism. Your headline about his operating seven businesses from his home office was clearly designed to create guilt by accusation.

Yes, Watkins was wrong to use city funds for a Chargers function in London. You correctly reported that and he correctly and promptly repaid the city. Your continuing investigation and multiple reports, and your call for his resignation on the editorial page were comparable to a San Diego weatherman warning of a hurricane from a San Diego drizzle. This does nothing for the U-T's reputation of providing serious journalism.
JIM FITZPATRICK
La Jolla


You have convinced me to quit volunteering with your nasty editorial demanding that Bob Watkins step down. Volunteering in San Diego just isn't worth it. Why put yourself on the line, spend your time trying to make things better in this community, take time away from your family, and use your hard-earned money to contribute to any effort to improve or lead this city?

Bob Watkins has spent years serving on many, many boards and making good and calm decisions that have helped this city and many nonprofits here.
KATHERINE KENNEDY
San Diego


I have known Bob Watkins for over 40 years and know few better men. Why do you not balance your criticism with some of the positive public service he has done over many years?

RICHARD L. WAGNER

San Diego

Kudos on your call to send Bob Watkins packing from the Airport Authority. While at it, he should take the rest of his colleagues and allow for a complete fresh start. In other words, let's get the Airport Authority back in the hunt to fulfill its real calling: Finding a site for a real airport.

By the way, “real airport” means an airport that does more than rate highly with tourists for its nearness to downtown, but one with multiple runways and 24/7 operations that can make us the headquarters city that can provide the jobs and incomes necessary for our future generations.

Whether it is anchored to the ground or floating on the ocean, let's get busy.
GREG FINLEY
San Diego

Helix High Employee's Role Investigated Concerning Runaway

Sometimes you have to help a child in distress even if it might cost you. It looks like that's what Josh Stepner did.

See all Josh Stepner posts and updates.

Helix High Employee's Role Investigated Concerning Runaway
Lynn Stuart
October 6, 2009

...Assistant Principal, Josh Stepner, is accused of helping a 16 year-old student run away from home.

Students say there must be a mistake. "I was in shock. I mean Principal Stepner is all around great guy," says one student...

"We haven't found any indication at all to date that there's anything of a sexual nature or anything involving drugs or alcohol," says Lt. David Bond of the La Mesa Police Department.



Featured Comments
DLC14 - 10/6/2009 9:47 PM

Mr. Stepner was my former vice principal at Serra High School. He was always there for his students. Never once did I witness any wrongdoing on his part whatsoever. Yes, I do think that Mr. Stepner should have informed the parents of the child's whereabouts. But if there is no sexual misconduct or drugs/alcohol involved, what harm is done?? The child safely returned home. Stepner was trying to help a student out that maybe felt that they were running out of options, plain and simple. Who knows what would have happened had he not stepped in. Maybe the student was suicidal? I stand by my former vice principal along with the hundreds of students and faculty who can attest to his true character.
mckinleyS - 10/6/2009 8:41 PM


Alright, I just wanted to say as a clean and sober high school senior at a private high school, I was mentored by Joshua Stepner. He taught me morality as an individual and stepped up repeatedly to help me out in times of need. Josh Stepner never displayed conduct unbecoming of the father figure he became. He helped out students who were under the influence of narcotics and maintained a professional attitude. I was sorry to see him leave the school due to differences between his teaching and the administration. Remember the man is innocent until proven guilty.
Sdtchr - 10/6/2009 7:30 PM


After working as a teacher under mr. Stepner, I must say I was always impressed by the respect & professionalism with which he handled every situation I was aware of, whether it involved teachers, parents, students, or admin. I would have gladly worked with him longer, & I don't doubt he is getting a far worse rap here than is warranted. Reserve your judgement, people...



I'm wondering if trustee Jim Kelly of Grossmont High School District asked Bonnie Dumanis to prosecute a good man at Helix High simply because he wants to bring down the charter school.

Helix asst. principal says he was only trying to help student
Oct 22, 2009
*
Student's application & restraining order against her mother (2009)

For the first time, we're hearing from a Helix High School assistant principal accused of helping a 16-year-old student run away. Through his attorney, the principal says he was only trying to help a child abandoned by her mother.

"This is really a classic example of no good deed goes unpunished," Josh Stepner's attorney Mark-Robert Bluemel said.

Bluemel is getting ready to go to court to defend Stepner against a misdemeanor charge of contributing to the delinquency of a minor. Stepner is accused of helping a 16-year-old student run away to Oregon.

"This man is innocent and he has the right to prove that. Unfortunately, what has happened prior - and that's why I'm talking to you - is he was painted out as being guilty," Bluemel said.

Stepner is not accused of having a sexual relationship with the student, as was initially reported by News 8 and other media outlets. Those reports were based on inaccurate information given to the media on October 5th, and were corrected by News 8 twelve hours later.

As it turns out, Stepner is accused of helping the girl purchase a bus ticket to Oregon and driving her to the bus station.

"My client brought her to safety, so to speak. She's now back in Oregon with a family and going to school," Bluemel said.

Court records show the girl had recently taken out a restraining order against her mother, and the judge revoked the mother's custodial rights. Bluemel says the girl in effect had no guardian and no home to run away from.

"He was assisting a student in need without a guardian and helping her get home, and I think he's been made a scapegoat," Bluemel said.

Since 2006, four teachers have been convicted of sex crimes involving Helix High students.

Bluemel says his client, a married father of three, simply got caught up in that firestorm.

"The evidence will show that there was no inappropriate conduct. He was acting in furtherance of the child's best interests in getting her to a safe harbor, back home to Oregon," Bluemel said.

The girl's father is dead and her grandmother lives in Oregon.

Stepner is facing one misdemeanor count. His attorney will enter a plea in El Cajon court by Nov. 5

Tuesday, October 06, 2009

Do some teachers harm kids by giving unfair grades?


Study critiques schools over subjective grading

An education expert calls for greater consistency in evaluating students' work.
Washington Post
October 4, 2009

If you have ever rolled your eyes when your child says a teacher's grade was unfair, you might want to think again. Your child might be right.

Douglas Reeves, an expert on grading systems, conducted an experiment with more than 10,000 educators that he says proves just how subjective grades can be.


Reeves asked teachers and administrators in the United States, Australia, Canada and South America to determine a final semester grade for a student who received the following grades for assignments, in this order:

C, C, MA (Missing Assignment), D, C, B, MA, MA, B, A.

The educators gave the student final semester grades from A to F, Reeves said.

Why? Because, he said, teachers use different criteria for grading.



Some average letter grades. Others consider effort (which in this case seemed to be picking up toward the end) and attendance.

"If you went to a Redskins game -- the thing society takes really, really seriously -- and one official says a goal was scored and another official says no goal and a third official scratches his head, there would be hell to pay," said Reeves, founder of the Leadership and Learning Center, a Colorado company that provides professional development services, research and solutions to educators and others.

"But for some reason, we let grades be all over the map."

The consequences, say Reeves and other experts on grading systems, are more than just a few unhappy students. Reeves said ineffective grading can lead to widespread student failure.

Grading regimes that work, he said, offer accurate, precise and timely feedback that is aimed at helping students improve -- not penalizing them -- and is only one type of response.

"You don't give grades to adjudicate a result. You give it to kids . . . to help them get better," he said...

Friday, October 02, 2009

How do school insurance companies choose attorneys to represent districts?

Answer: At SDCOE-JPA, the answer seems to be that Diane Crosier decides. Most superintendents support her choice (almost always it's Daniel Shinoff) because they want someone who will do what it takes to win.

Keenan & Associates also prefers Stutz lawyers, including Dan Shinoff and Jack Sleeth, but there is more discussion and disagreement at some of their meetings than at SDCOE. Here's a snippet from a SWACC meeting:

SWACC Annual Board of Directors Meeting
January 30, 2003
Manager: Keenan & Associates
2355 Crenshaw Boulevard, Ste. 200, Torrance, CA. 90501

...DEFENSE ATTORNEY PANEL 02/03-040
Graham Grice reported that enclosed within the agenda packet is the current list of Approved Defense Attorney’s and that the evaluations were an annual process. Graham noted that any new requests or attorney removals would need to be placed on the agenda for the Claims & Coverage Committee’s review in April.

...DEFENSE COUNSEL ASSIGNMENTS 02/03-041
Graham Grice reported the Claims Committee had requested information regarding issues that come up, particularly in employment cases, as to which Defense Counsel should be used to defend a District in a lawsuit. Graham advised that the Claims Committee had reviewed a draft of the Guidelines for Defense Counsel Assignments at their last meeting and a copy is included in the agenda packet for review. Thomas Fallo noted that the Committee had, had quite a bit of discussion on this and requested the Manager to bring some cases to the next Claims and Coverage Committee meeting for review...

MEMBERS:
BAY AREA COMMUNITY COLLEGE DISTRICTS JPA Larry Carrier
COAST COMMUNITY COLLEGE DISTRICT C.M. Brahmbhatt
DESERT COMMUNITY COLLEGE DISTRICT Jo Ann Higdon
EL CAMINO COMMUNITY COLLEGE DISTRICT Thomas Fallo
GROSSMONT-CUYAMACA COMMUNITY COLLEGE DISTRICT Bob Eygenhuysen
IMPERIAL COMMUNITY COLLEGE DISTRICT Carlos Fletes
MT. SAN JACINTO COMMUNITY COLLEGE DIST. Barbara Oberg
NORTHERN CALIFORNIA COMMUNITY COLLEGES JPA John Nahlen
PALOMAR COMMUNITY COLLEGE DISTICT Jerry Patton
PASADENA AREA COMMUNITY COLLEGE DISTRICT Sherry Hassan
SAN FRANCISCO COMMUNITY COLLEGE DISTRICT Peter Goldstein
SONOMA COUNTY JUNIOR COLLEGE DISTRICT Ron Root
SOUTH ORANGE COUNTY COMM. COLL. DIST. Earl Pagal
VENTURA COUNTY COMMUNITY COLLEGE DISTRICT Michael Gregoryk

MANAGER:
KEENAN & ASSOCIATES
Graham Grice
Bill Poland
Cindy Floyd
Jim Kubalik

SETECH (a Division of Keenan & Associates)
Mary Boyer
Bridget Silva

Manager: Keenan & Associates
John Stephens
Doug Ross
Ron Martin
Rick McHale
Tim Keenan
Vince Keenan
Jonathan Lord
Paul Kaump

Pittsburgh community college students no longer have to ask permission to pass out leaflets

Pa. college reverses policy after free-speech flap
AP
Oct. 2, 2009

PITTSBURGH (AP) - A Pittsburgh-area community college caught up in a free-speech dispute says it will no longer require students to get approval to pass out leaflets.

The Community College of Allegheny County had argued that 24-year-old Christine Brashier (BRAH'-sheer) didn't follow the rules when she passed out leaflets in May while trying to form a group advocating the right to carry concealed firearms on campus.

Brashier says the policy violated her free speech rights, and she was backed by groups including the American Civil Liberties Union.

The school says its rule was to prevent students from harmful solicitation, but officials now acknowledge it was vague.

---

Information from: Pittsburgh Post-Gazette, http://www.post-gazette.com

Thursday, October 01, 2009

Airport Board acts in response to Bob Watkins' scandal

See all Bob Watkins' posts.

Airport Board Travel Expenses Capped

Voice of San Diego
ROB DAVIS
October 1, 2009

The Airport Authority today approved limits on board members' meal and hotel expenses while traveling, but delayed any decisions about other proposed travel policy changes proposed after our August story revealed existing policies weren't always followed.

The authority's 6-1 vote (San Marcos Mayor Jim Desmond voted no) will cap reimbursements for board members according to federal standards that allow a maximum $71 reimbursement for meals each day and a maximum $340 for hotel stays.

The board didn't adopt them for employees, deferring discussion on that and other expense policy changes to its November meeting.

Board members had mixed opinions about those other changes. Robert Gleason said he wanted to see per-diem limits for employees if they were being adopted for the board. He said the board should eliminate premium travel -- any flights more expensive than coach class.

"I think it is difficult to explain and difficult to justify to the traveling public," Gleason said.

Three other board members disagreed: Tom Smisek, Desmond and Bruce Boland. Desmond said business class travel on international flights is important to keep employees fresh and rested for meetings once they arrive.
Related Links

"The question comes back: are you willing to defend that from a public scrutiny perspective?" asked Bob Watkins, the authority chairman.

"Are we running it or is the media running the ship?" Desmond replied.




BOB WATKINS' MANY MYSTERIOUS BUSINESSES


Mayor mum as more problems surface for airport chairman
Watkins failed to pay city taxes at two businesses based at townhouse
By Steve Schmidt
SAN DIEGO Union-Tribune Staff Writer
September 30, 2009

Airport authority Chairman Bob Watkins has had a number of irregular dealings, including questionable expense accounts, incomplete state forms and apparent violations of city zoning laws.

What's changing: Watkins also failed to pay city taxes on at least two of the seven businesses that list his townhouse near Lindbergh Field as an address...

The San Diego City Treasurer's Office yesterday said airport board Chairman Bob Watkins failed to pay city taxes on two businesses, and that it plans to investigate two more.

The city Planning Department also said it will review possible zoning violations at Watkins' Brant Street townhouse, where he and an associate run seven businesses, according to state records.

The irregularities are the latest to dog Watkins, but the office of Mayor Jerry Sanders was mum yesterday on Watkins' status as the head of the San Diego County Regional Airport Authority.

After meeting with Watkins last week, Sanders promised to monitor the chairman's performance in light of revelations about his travel expenses at the authority and his failure to fully disclose his business interests on state forms.

City officials yesterday said Watkins ran his executive recruitment firm out of the townhouse for two years without a valid business license. They said another Watkins' business, Aztec Ventures, is a year behind in paying its business fees...


When asked about his business license Monday, Watkins said he has one but would not say when it was renewed or what date it has on it.

Yesterday, city business tax manager Ricardo Ramos said a representative of Watkins' R.J. Watkins & Co. renewed the company's business license last week, a day after The San Diego Union-Tribune  began asking questions about the property.

The reinstatement came two years after the city started sending repeated notices to Watkins about the need to pay his annual $34 license-renewal fee.

“Multiple notices were sent, and we never heard back,” Ramos said.

All active, for-profit businesses in the city are required to have a license.

Ramos said Aztec Ventures, an investment firm in Watkins' name at the same address, owes the city at least one year of business tax. It remained in arrears as of yesterday, Ramos said.

Ramos said the city is also reviewing the situation for two other Watkins businesses that use the address — WWW Ventures and Tollbridge Partners.

Watkins considers the businesses inactive and has said they do not require a license. Ramos said companies that are in operation for six days or less a year are not required to pay a business-license tax.

Three companies run by longtime Watkins associate Andy Strasberg are also listed at 2515 Brant St., according to state records. Strasberg said Monday that Watkins asked him to move out when questions arose about the property.

Home businesses are allowed only if the owner lives there, and no employees are allowed on site. Watkins, 66, lives in Alpine. He acknowledged last week that he has a part-time employee at the townhouse.

On a related matter, city officials yesterday said they plan to investigate whether Watkins is complying with zoning laws at the townhouse.

At least seven businesses list the townhouse as their address, in a neighborhood zoned for residential use...


# Records show 7 companies located at Watkins' townhouse
# Head of airport board says he'll fix business matters
# A mayoral rebuke for Watkins
# Airport board leader may be breaking law

Is it Time to Get Onboard with Online Education?

Is it Time to Get Onboard with Online Education?
The Education Optimists blog
Sunday, August 23, 2009

In several recent interviews and blog posts I've expressed my hesitation about the move toward online learning in higher education. My concerns are fairly common ones and go like this: How do we know that students are engaged, or even awake, when participating online? How do we know that online learning is as effective as classroom learning? How do we know that any negative consequences outweigh the cost savings? And what exactly are those cost savings? (After all, technology isn't cheap) And finally, despite claims to the contrary, the digital divide still exists-- so how do we know that low-income and rural populations will get the access to online learning they need?

Admittedly, I'll always be forced to note that for most of these big questions there's little evidence to the contrary-- e.g. we don't know much about the effectiveness of classroom learning in higher education either, we don't know its relative cost-effectiveness, and we don't know how many are left out of higher education because they can't make it to a classroom setting...

Tri-City 7 attorney Ray Artiano tells us his idea of how collusion works

OCEANSIDE: Judge deflects request for deeper testimony from four Tri-City board members
PAUL SISSON
September 30, 2009

Lawyers will not get to interview four Tri-City hospital directors about the contents of private meetings that led to putting hospital executives on leave nearly one year ago, according to a Superior Court ruling released Wednesday.

In one of several pending lawsuits, seven fired hospital executives allege that four Tri-City board members violated public open-meetings law by getting together illegally, outside any formal meeting, to lay plans that were later approved in a special meeting Dec. 18 when the board put eight top-level executives, including CEO Arthur Gonzalez, on paid leave.

Lawyers for the sidelined and later fired executives allege in their lawsuits that the four directors violated public-meetings law by getting together privately with attorney Julie Biggs in November to discuss ousting hospital leadership. The law forbids a majority of elected officials from discussing public business outside of a public venue.

Though the executives' lawyers have interviewed the four board members under oath about the Dec. 18 meeting, each has refused to say anything about any previous private meetings.

In a short ruling, filed Tuesday but released Wednesday, Judge Thomas P. Nugent, citing attorney-client privilege, refused to order directors Kathleen Sterling, RoseMarie Reno, Charlene Anderson and George Coulter to talk about the private meetings.

Tom Tosdal, the attorney who represents Sterling, said Wednesday that he was confident all along that attorney-client privilege was adequate to keep the directors from having to testify about the early meetings, even though Biggs had not yet been hired by the board or by any of its individual members.

"Under the law, if a person consults with an attorney for the purpose of getting legal advice, even if the attorney isn't ultimately retained, it's privileged," Tosdal said.

Ray Artiano, an attorney who represents the executives, said he disagreed with the judge's decision but quickly found a silver lining. He said that by asserting attorney-client privilege, the four board members stop themselves from claiming that any actions they took were on the advice of a lawyer, without waiving their privilege.

Artiano said the mere fact that Biggs and investigator Michael Williams were present at the Dec. 18 meeting suggests collusion.

"It doesn't take a rocket scientist to figure out what they were talking about," Artiano said. "These people (Biggs and Williams) didn't just show up at the meeting on Dec. 18 just by serendipity."

Tuesday, September 29, 2009

Whistle-blower Rodger Hartnett wins appeal in his case against SDCOE, Lora Duzyk, Diane Crosier

Looking for Bob Watkins posts? Click HERE.

See all posts about:
Rodger Hartnett
Lora Duzyk
Diane Crosier
SDCOE


Judge Denton's ruling in favor of Rodger Hartnett against San Diego County Officials Lora Duzyk and Diane Crosier has been upheld by the California Court of Appeal. Hartnett complained that Crosier bypassed other attorneys on the SDCOE-JPA's defense panel to give about a million dollars of work each year to Daniel Shinoff's lawfirm.

Education officials still in lawsuit

Ruling backs up whistle-blower
By Jeff McDonald
San Diego Union-Tribune Staff Writer
October 3, 2009

...Former claims coordinator Rodger Hartnett alleges that administrators Lora Duzyk and Michele Fort-Merrill fired him for sounding an alarm about office corruption...

The ruling orders [Lora] Duzyk and [Michelle] Fort-Merrill to pay Hartnett's legal bills for the appeal.

Duzyk is the assistant superintendent for business services and Fort-Merill supervises the human resources department at the Office of Educati
on, which operates as a kind of umbrella agency providing a variety of services for dozens of school districts in San Diego, Riverside and Imperial counties.

Hartnett sued the office, the two administrators and other employees, claiming he was fired in 2007 after questioning billing practices.






COURT OF APPEAL, FOURTH APPELLATE DISTRICT, DIVISION ONE STATE OF CALIFORNIA
RODGER J. HARTNETT, Plaintiff and Respondent, v. LORA DUZYK et al., Defendants and Appellants.

APPEAL from an order of the Superior Court of San Diego County, Steven R. Denton, Judge. Affirmed.

Rodger Hartnett sued his former employer, the San Diego County Office of Education and its superintendent Dr. Randolph Ward (collectively SDCOE), and several SDCOE employees. Two of those employees, Lora Duzyk and Michele Fort-Merrill, moved to strike the claims against them under the anti-SLAPP statute.

...Duzyk argues this case is "exactly" the same as Dible because Hartnett sued her because she informed Hartnett's employer of the " 'cause' for plaintiff's termination." The argument is not factually supported...

Fort-Merrill also relies on Dible, arguing that Hartnett was similarly attempting to rely on appellants' bad motives to show the case falls outside of the anti-SLAPP statute's protection...Fort-Merrill sent written communications to Hartnett pertaining to the hearing procedures, these communications did not trigger anti-SLAPP protection because the lawsuit is not based on these documents.

Finally, appellants devote a substantial portion of their appellate briefs to challenging various statements made by the trial court during the hearing on the anti-SLAPP motion. We do not reach these arguments because we apply a de novo review
standard...In conducting an independent review, we examine the correctness of the court's ruling, and not its rationale...

If appellants believe the allegations are unsupported, they are free to bring a dispositive motion such as a summary judgment motion or a motion for judgment on the pleadings.

Sunday, September 27, 2009

Hannah Giles will just have to get in line: she's got plenty of competition on Fox News

See video on youtube.com.

Who says conservatives don't help the environment? These women make sure their fabric footprint is as small as possible.

Photo at left is Carrie Prejean.

Is Daniel Shinoff embarrassing just about everybody with his bizarre rants about religion?

.
.
UPDATE September 29, 2009: I've received some feedback on this post, and I need to make something clear. I may not like Daniel Shinoff, but I do like Judaism.

Since I was a child I've had a tendency to question the assumptions of those around me, causing me to be somewhat of an outsider. As a result, I identified with Jews and other minorities. I was glad they existed because it meant that I wasn't the only one who didn't always see eye to eye with the majority.

On a more personal note, I am looking forward with pride to seeing my grandchildren raised as Jews.

I wasn't pleased when someone sent me a link today to a website that included, among other bizarre statements, this description of the Battle of Dunkirk: "330,000 British and French troops were allowed to escape unharmed in Mien Fuhrer's bid for peace."

I've heard of Holocaust deniers, but this is the first time I heard the Battle of Dunkirk described as a Hitler peace mission.

Please, readers, be aware that Daniel Shinoff is guilty of a gross terminological inexactitude when he accuses me of writing about him because he is Jewish.

HIS STATEMENTS ARE FALSE, AND WERE MADE TO GET AN ADVANTAGE IN COURT AND DAMAGE MY REPUTATION. I WRITE ABOUT MR. SHINOFF BECAUSE OF WHAT HE DID TO ME AND MY SCHOOL, CASTLE PARK ELEMENTARY, AND TO OTHER SCHOOLS. THERE ARE MANY JEWS IN SAN DIEGO WHO ARE EMBARRASSED AND ANGRY ABOUT MR. SHINOFF'S TACTICS. DON'T SEND ME ANTISEMITIC LINKS. THEY ARE NOT APPRECIATED.



Is Daniel Shinoff embarrassing just about everybody with his bizarre rants about religion?
Stutz Artiano Shinoff & Holtz has raised the issue of antisemitism yet again in an August 20, 2009 letter regarding its defamation lawsuit against me. I must respond.

Daniel Shinoff is the lawyer who educated me about how schools in San Diego use (and abuse) the court system; he is the lawyer who oversaw my case against Chula Vista Elementary School District.

Obviously, I criticize Mr. Shinoff on my website because of the manner in which he handled my case. Or perhaps this is not obvious?

Mr. Shinoff claims I wrote about him because he is Jewish.

Mr. Shinoff is mistaken (assuming he actually believes his own accusation). My attitude regarding religious, ethnic and racial differences is this: I believe there is good and evil in every person and every group. My study of history causes me to believe that all groups take turns at being victims or aggressors. Generally it's the people with money and power who are able to do the abusing, but money and power are constantly changing hands in this world. I don't believe that some groups are better than others. I think that differences between groups result from geographical and historical circumstances, not from inherent differences.

Why do I criticize Mr. Shinoff? Because I believe he has harmed education in San Diego by using the courts to protect bad employees and officials who violate the law.

I explained all this in a declaration signed under oath.

But Mr. Shinoff was able to get Judge Judith Hayes to ignore my declaration, throwing it out without explanation. Judge Hayes found on February 20, 2009 that I was guilty of malice--based entirely on Mr. Shinoff's declaration!

Judge Hayes reversed the finding of malice on April 6, 2009.

Shockingly, Judge Hayes allowed Mr. Shinoff to avoid being deposed in this case, and to avoid producing important documents. What reasonable person would accept Mr. Shinoff's declaration as gospel when he was not willing to expose relevant documents or testify under oath? And what reasonable person would throw out my declaration when I had submitted to a six-hour deposition and produced hundreds of documents? The answer to both questions appears to be: Judge Judith Hayes.






How did Mr. Shinoff justify his accusation? He says the following letter written by me proves it. In the letter I noted that much has been learned about how evil starts small and then grows.

The lessons about how evil starts can and should be applied to evil in its incipient stages, when it tends to be ignored as unimportant. I do not believe that the people of Germany were more evil than the people of any other country. They were among the most civilized countries on earth before WWII. It appears that the terrible economic collapse caused by severe sanctions imposed by the Allied powers brought out the evil of which every group of people is capable.

Hindsight is 20/20, and so now it is clear that there were serious problems brewing at Castle Park Elementary when Mr. Shinoff was handling my case. The people Mr. Shinoff protected with his carefully chosen tactics continued their berserk behavior, and then turned against the school district when it transferred some of them out of Castle Park Elementary. After paying hundreds of thousands of dollars to Mr. Shinoff, the district had to defend itself from the very individuals it had defended.


January 27, 2005
Dear Mr. Shinoff:

In acknowledgment of the 60th anniversary of the liberation of Auschwitz, Gerhard Schroeder recently pointed out that the loss of moral inhibitions has a history; groups of people have desired it; it is not a matter of a single evil person...

Schroeder wonders if the lessons of history have been taught widely at all. They certainly have NOT been taught at Castle Park Elementary. The school board is preventing any such learning from taking place.

As Ellis Cose said, in “Learning to Heal,” Newsweek, April 12, 2004, it is better to confront the past outright than to risk being forever haunted by its ghosts. There is a new resolve on the part of many—individuals and nations alike—to fearlessly face the truth.

This resolve is fueled by a sense that the future is hostage to the past. This resolve has propelled troubled societies to ask, as they put together truth commissions, whether, if they can come to terms with their history, they can happily embrace a new day.

Reconciliation and healing require transformation—of
individuals and, where countries are concerned, of the
very norms of society.

“Never again” is not a plan, it’s a prayer. A prayer that
we will see the connections from one atrocity to
another, that we will see bigoted demagogues exactly
for what they are, that we will turn against those who
scapegoat others.

I agree with Ellis Cose that getting people to focus on wrongs unfolding in dark corners is anything but easy to do...

From: Maura Larkins




These blog posts contain more evidence of my attitudes:

Blog post #1. "The Holocaust couldn't happen here...or could it? 70% of ordinary citizens willing to administer 150 volts if told to do so"













Blog post #2: "Should discussion of the Holocaust, and how ordinary people made it possible, be allowed in our schools and courtrooms?"





















Stutz accusation:

"You state that "Shinoff" should be ashamed of misusing the suffering of his wife's relatives to gain an advantage in the courtroom."

My response:

I do believe that the deaths of the 6 million innocents who were murdered in the Holocaust are a deep and devastating stain on humanity that should never be invoked for material gain, or worse, to advance one's own position in the world by doing harm to someone who has done no wrong. The Holocaust should be discussed with respect, in an effort to make the human race better, not as ammunition in a battle for power and influence.




To see all Mr. Shinoff's exhibits, plus his declaration, CLICK HERE.

At our September 18, 2009 status conference Judith Hayes ordered us to meet and confer. Stutz attorney Richard Romero has promised me that he will respond to my effort to explain my position.

Saturday, September 26, 2009

Why did it take a half-naked 20-year-old to create interest in ACORN?

ACORN's Overdue Unraveling
By Kathleen Parker
Washington Post
September 23, 2009

No one was more delighted by the recent ACORN pimp 'n' prostitute, hidden-camera sting than Marcel Reid, the former ACORN board member who was booted in summer 2008 when she tried to examine the organization's books.

"If we'd known all it took was a half-naked 20-year-old, we'd have done this a year and a half ago," Reid said from the rented desk in a church that she calls her office...

[The videos] are a long way from the Arkansas kitchen table where, in 1970, a group of impoverished mothers sat trying to figure out how to buy school supplies for their children.

That kitchen klatch was the seed that became ACORN with the help of the now-infamous Wade Rathke, better known recently for resigning from the group's board after he covered for his brother Dale, who embezzled almost $1 million in ACORN funds in 1999 and 2000.

Despite ACORN's history of corruption, it took sex to seize the attention of the nation's leadership. In the past couple of weeks, ACORN has been stripped of $1.6 million in federal funding and been dropped by the U.S. Census Bureau as a partner in conducting the nation's headcount.

Reid, who has been reviled by the left as an apostate, can only shake her head at the sudden interest. A gallows sense of humor helps her through her days now as head of ACORN 8, a group of former ACORN leaders and board members in 15 states trying to reform the community group. Their mission is the same one that first attracted Reid to ACORN 10 years ago -- to help the poor.

What pains her is that the videos that have conservatives in stitches have helped bolster negative attitudes toward those she aims to help.

"Look at those poor ladies. I was so embarrassed. You cannot be operating on any cylinder and do what they did. Unfortunately, they reinforced the idea that poverty is your fault because you're not smart." ...

Marjorie Cohn says George Bush, Dick Cheney and their lawyers should be tried for crimes


Morning Report: The Anti-War Warrior


If local law professor Marjorie Cohn had her way, George W. Bush and Dick Cheney would be on trial. And not just them.

Cohn wants to see some of the Bush Administration's attorneys face justice too. After all, she says, they helped the president to break the law.

It's a tough stand, and one that's helped her become one of the nation's leading leftist voices on war crimes and torture.

In this weekend's Q&A, Cohn talks about the nation's two "unlawful" wars, her work defending members of the military who seek to avoid service, and the value of international diplomacy:


Morning Report: The Anti-War Warrior
Voice of San Diego
by Randy Dotinga
September 26, 2009

Can someone be prosecuted for merely having a legal opinion?
They would be prosecuted for advising the president on how he can break the law and get away with it. There were lawyers who were prosecuted for war crimes and crimes against humanity after World War II advising Hitler on how to deport people to secret camps "legally" and get away with it.

What do you think should happen to the lawyers in this case?
They should be investigated and prosecuted under U.S. statutes.

Should they go to prison?
If convicted, yes, they should go to prison...

Washington Post Interviews D.C. Schools Chancellor Michelle Rhee

Looking for Michelle Fort-Merrill? Click HERE.


Her image is of a tough-talking schools chief who's out to sack every last veteran teacher in D.C.'s failing system. The reality is not so simple.

Wash Post Interviews D.C. Schools Chancellor Michelle Rhee

In The Washington Post’s new Magazine, veteran local reporter Marc Fisher offers a rare glimpse into the inner-workings of D.C. Schools Chancellor Michelle Rhee. Described as both harsh and caring, reckless and dynamic, Rhee granted Fisher unprecedented access to sit in on meetings and spend time with her.

During their conversations, Fisher gets Rhee to reveal stories of her Korean upbringing, how she feels she is perceived and her general philosophy (Rhee says, “I don’t mind firing people because I know it is going to benefit kids.”) She even talks about whether she thinks her relationship with a prominent black man has helped her win over Washingtonians who view her as an outsider disconnected from black culture.

Friday, September 25, 2009

Schools Suits Against Students Who Mock Them Online

Schools Suits Against Students Who Mock Them Online
By LAURA HODES
Findlaw
September 24, 2009


...In the latest such lawsuit, the Salon Professional Academy -- a cosmetology school in Elgin, Illinois -- is suing student Nicholas Blacconiere and a John Doe in Kane County Circuit Court. The Academy seeks $50,000 for emotional damages that it alleges were caused by defamatory comments on a Facebook page Blacconiere created. On the page, Blaconniere solicited students to post their comments on the school and its teachers, with the following message: "Dont be afraid to post comments on whats going on, this is yor voice too." (Errors in original.) Blaconniere also himself posted crude messages about teachers.

The next hearing in the case is scheduled for Oct. 15. Since the law in this area is unsettled, the court's ruling could have far-reaching effects on how free students are to create virtual soapboxes on the Internet...

The ACLU Successfully Defends a Student's Parody of a Principal


In the case of Layshock vs. Hermitage School District, the ACLU filed suit against the Hermitage School District for suspending high school senior Justin Layshock for ten days because he created a MySpace parody of his principal. In addition, the school administration ordered Layshock to finish high school in the Alternative Education Program, and forbade him from attending his own graduation.

On July 10, 2007, a federal district judge ruled that the school's suspension violated Layshock's First Amendment rights, and ordered a jury trial to determine whether Layshock is entitled to compensatory damages. The district court found that "[t]he mere fact that the Internet may be accessed at school does not authorize school officials to become censors of the World Wide Web. Public schools are vital institutions, but their reach is not unlimited."

In reaching its decision, the court looked to the Supreme Court's 1969 decision in Tinker v. Des Moines Indep. Cmty. Sch. Dist., which held that students do not "shed their constitutional rights to freedom of speech or expression at the schoolhouse gate," but crafted a test that allowed school administrators to punish student speech in some instances. Notably, the court found that the Tinker test applied even to off-campus behavior like Layshock's that targeted a school or its teachers. -..

Why So Many Black Children Are Dubbed 'Emotionally Disturbed'

Why So Many Black Children Are Dubbed 'Emotionally Disturbed'
Voice of San Diego
EMILY ALPERT
September 25,2009

Buried in all the documents for the school board meeting next Tuesday is a disturbing report on why San Diego Unified identifies so many black students and English learners for special education.

This isn't a surprise: Another expert studied San Diego Unified two years ago and found that black children are disproportionately likely to be labeled as emotionally disturbed and English learners also make up a disproportionate part of special education classes. Harvard professor Thomas Hehir worried that students shunted into separate classes might be underserved compared to if they had stayed in mainstream classes and been given extra help.

But the report sheds light on why, exactly, this seems to be happening. The "current system focuses on identification rather than prevention and punishment rather than support," wrote Jaime Hernandez, a consultant hired by the school district to examine the problem. His findings include:

# The school district doesn't have good ways to help children with behavioral and academic problems in ordinary classrooms. It relies too heavily on punishments to discipline kids, instead of methods that reward and teach children how to behave, like this one used at Edison Elementary.


# Kids are identified remarkably early for special education, which Hernandez believes shows that schools are relying too heavily on special education to intervene when kids struggle...



# There aren't enough options for places to educate children with emotional disturbance, especially places that are less segregated and restrictive. The high number of kids with emotional disturbance that are sent to separate classrooms and schools indicates to Hernandez that the process of identifying children as emotionally disturbed is "driven by placement" -- where the child is sent.


Hernandez recommends that San Diego Unified expand programs such as the one at Edison Elementary (read our article for more details) and develop more ways to intervene and help children before they are diagnosed with a disability to prevent "inappropriate referrals."...

Pass or Fail Jorge? A Teacher’s Dilemma


Larry Cuban on School Reform and Classroom Practice

September 22, 2009
Pass or Fail Jorge? A Teacher’s Dilemma

...Holding back children in the early grades often leads to increased absenteeism, troublesome behavior in later grades, and eventually dropping out. If the purpose of retention-in-grade is to help students improve academically, researchers have found few such benefits.

But such research findings mean little to the new sprinter-like superintendent and her school board: social promotion, they say, will produce unskilled graduates. Schools must separate achievers from non-achievers. Flunk Jorge.

Is there no other way out of this dilemma?

Some schools have gotten around this bind facing Jorge’s teacher by grouping children by age rather than grade. Instead of kindergarten, first and second grades, a primary unit of five-to-eight year olds gives students time to catch up on their academic and social skills over a three-year period rather than forcing a yearly promotion decision. Such faculties know what every decent gardener knows: all daisies don’t grow at the same rate. Some need more time and care to flourish.

Still students move from elementary to middle school and then on to high school. What to do with students still below district academic standards? Some school districts help students not yet ready for the next level of schooling. Other districts ungrade upper-level units. They believe that it is not only intelligence but also time and student effort that count.

But Jorge is in a district that doesn’t have such ungraded units and continues to cut back on services. His teacher still faces the dilemma. She knows in her heart that Jorge has fine personal qualities that might shrivel were he to repeat the grade. Yet the boy is far behind academically. With a shrug of helplessness, the teacher puts a check in the column marked “retain” next to Jorge’s name.

Thursday, September 24, 2009

New Bob Watkins disclosure problem: he failed to report property he owned on SDCOE conflict of interest forms

See all posts re Bob Watkins.

More Watkins Disclosure Discrepancies
Voice of San Diego
ROB DAVIS
September 24, 2009

When Bob Watkins, the airport authority chairman, clears up problems with his conflict-of-interest disclosures -- as he promised Mayor Jerry Sanders today -- he'll also have to address disclosure issues during his service on the San Diego County Board of Education.

His disclosures to the [San Diego County] board of education raise other questions. One year's report he filed with the county board doesn't jive with the report he sent to the airport authority the same year.

His annual disclosure to the county board submitted Feb. 1, 2007 said he had nothing to report -- no businesses, stock or property. But in his disclosure to the airport authority two weeks later, he said he owned a business, that he was its CEO, and that he owned property and more than $100,000 of stock.

Watkins hasn't returned a call seeking comment.

Bringing Teaching for the Gifted to All Kids

Bringing Teaching for the Gifted to All Kids
By EMILY ALPERT
Voice of San Diego
Sept. 21, 2009

Sandra Ruvalcaba isn't sure if she would have tapped Dominic Satterfield as a gifted child before. His reading was a little weak and he struggled with writing last year at Cabrillo Elementary in Point Loma. But when the teacher began to use strategies for gifted children with all of her students, Dominic suddenly seemed to stand out. He flourished.

His mother Sadie said it was "100 percent different" than the way she was taught as a child, and she liked what she saw. Dominic relished getting into debates with other children about the ethics of playground squabbles. He is a pint-sized philosopher with a karate T-shirt and a frank and surprisingly adult manner, who readily picks out what his teachers call the "Big Ideas" -- one of the buzzwords that mark the new strategies -- in classic stories such as the Tortoise and the Hare.

"The turtle was slow. The hare judged him. No one really thought that the hare wouldn't win -- he's the fastest living creature in the universe," Dominic, now in 2nd grade, explained after school. "So the big idea is, 'Don't judge a person.'"...

SDCOE's Randolph Ward refuses to turn over Bob Watkins' conflict of interest statements

See all Bob Watkins' posts.
See all Randolph Ward posts.

Click on the link directly below to see Voice of San Diego's links to other stories.


Who's Wrongly Keeping Information Secret?

by ROB DAVIS
Voice of San Diego
September 24, 2009

As we reported recently, Bob Watkins, the airport authority chairman, didn't disclose property he owns near the airport on his annual conflict-of-interest reports the authority keeps.

Watkins, who's scheduled to meet today with Mayor Jerry Sanders about that issue and others we've raised, previously served on the board of the County Office of Education. I went to its office today to see what Watkins listed on the disclosure forms he submitted during his tenure.

State law requires public agencies to produce the forms for anyone who wants to see them. During regular office hours. At any time of the day.

While many public documents require a written request to be disclosed, the conflict forms don't. State law says "no conditions whatsoever" can be imposed on members of the public who want to see the documents. The agency can't ask for identification or any information from a requestor.

But Leo Cole, the assistant to county Superintendent Randy Ward, told me to file a written request for the forms when I arrived at the office today. She said the office would follow up as soon as possible. Three people have access to the disclosure forms, Cole said. All were out of the office, she said.

Cole told me that she'd talked to Ward, who was out of the office but had given her those instructions.

I read the relevant section of state law to her and asked her to call the superintendent back and tell him that his instructions violate state law.

So she called Ward, then called me at the front desk, where I was waiting.

File a written request for the forms, she told me again.

Violating the state law can bring fines as high as $5,000 per incident from the state Fair Political Practices Commission, which enforces disclosure laws.

It's the second time the county office has done this. The office required another voiceofsandiego.org reporter to file a legal request for the same documents last year.

I called Roman Porter, the FPPC's executive director, to tell him about the problem.

"The Political Reform Act specifically bars agencies from asking for any identifiable information from requestors or requiring a request to be submitted in writing," Porter told me.

Bob Stern, a former FPPC attorney who wrote the section of the law requiring public agencies to immediately disclose the records to any member of the public, said the county office's refusal to provide the documents was "highly unusual."

"It's totally inappropriate," Stern said. "The FPPC should tell them that they can't do this. Most agencies know the rules -- particularly when you show them."

I've just heard back from the office of education. They're making the forms available. "We fully intend to comply," Jim Esterbrooks, a spokesman, told me.

Transcript shows what ACORN worker Juan Carlos Vera really said to Hannah Giles and James O'Keefe

See all ACORN posts in this blog.
See all ACORN posts in CVESD Reporter blog.

In the dozen pages at the beginning of the transcript of the Giles-O'Keefe-Vera conversation at the National City ACORN office, the fake pimp-prostitute pair did all the talking about prostitution, and ACORN employee Juan Carlos Vera responded with "yeah" and "okay", as if he were taking it all in. But Juan Carlos' English isn't so great, and when he finally seemed to understand what was going on, he said he would consult with lawyers and contact the visitors by email. He even mentioned that he worked with prosecutors.

Throughout most of the conversation, Juan Carlos spoke at cross-purposes to the visitors, giving information about ACORN seminars.

On page 12 O'Keefe prompts Juan Carlos with suggestions about tax fraud. Juan Carlos continues to say "yeah", but his understanding of the questions is in doubt because he clarifies the issue by saying, "Because you need a house."


O'Keefe tries again to get Juan Carlos to agree that O'Keefe's tax fraud ideas are good, and Hannah also tries to get Juan Carlos to repeat what James has said. Juan Carlos responds, "I think it's good, too, because we have two lawyers working for our program--and if you're interested come to our seminar" (pages 12-13) Clearly, Juan Carlos is not on the same page as James O'Keefe and Hannah Giles.

On page 13 Juan Carlos goes on, "If you have your own business you need to prove your income."

On page 13 O'Keefe to Hannah, "...and the tax form is something so I'm explaining to him [Juan Carlos] is something you can classify not as prostitution but as performing arts. That way we can clear that first hurdle. We can declare all income."

Juan Carlos, as is his habit, responds with "yeah." But did he understand? Did he agree? Or was the "yeah" actually a reflex response to acknowledge that O'Keefe had said something and Juan Carlos was trying to keep up with the conversation? Fortunately, Juan Carlos explains his position clearly in the next exchange.

O'Keefe: Do you think that's something we can do?

Juan Carlos: The problem first time buyers is good because you never have a house before.

Clearly, we now know what Juan Carlos is trying to tell O'Keefe. He's trying to tell him how to buy a house.


Page 14

O'Keefe: Can this be a legitimate business? This prostitution?

Juan Carlos: You need to check...You need to check. You need to check. Because the program for first time buyers is for the people that never have a house.


O'Keefe says there will be 12 underage girls. [I doubt that a limited speaker is going to understand the word "underage." It's not usually found in your beginning English instruction. The word was probably Greek to Juan Carlos. Also, I don't remember seeing the word "prostitution" in beginning English instruction.]

Juan Carlos says: they gonna be probably 4 or 5 persons. [Juan Carlos is clearly not in sync with the idea of twelve girls.]

Hannah asks, "Could they be like my sisters or something like that?" [Of course your sisters can live with you, Hannah!]

O'Keefe: Could we get a child tax credit for them? Claim them as dependents?

Juan Carlos: Yeah. [My guess is that Juan Carlos thought they were talking about actual siblings.]

For the next few pages Hannah and O'Keefe do all the talking again, and Juan Carlos responds with his usual rote response of "okay."

Page 19

Juan Carlos understands that El Salvadoran girls are coming: "What day are they coming?" He is told they'll come on Saturday.

But Juan Carlos has a feeling that these people have wandered into the wrong office.

Juan Carlos: So you never heard for this organization? ACORN?...Okay, let's do this. Let me see, let me see anything about it. See and let me contact to you. Because this program is, this Saturday happen?


But O'Keefe doesn't want to be contacted later, he wants to talk about it now. Juan Carlos tries to get an email address, but doesn't succeed until page 23.

On page 21 the talk turns to where each of them comes from. O'Keefe is from back east, which, Juan Carlos notes, is too cold. Juan Carlos is from Mexico City, and he is a lawyer in Mexico.

On page 24 Juan Carlos says, "...I want to call you tomorrow." [I think that's what I'd say, too, in an effort to get rid of these bizarre people.]


Pages 25-26

Juan Carlos wants to explain that lawyers will be involved: "...dis is you say private...I ah because we work before with the lawyers."...

O'Keefe: You're working with the prosecutors?

Juan Carlos: Yeah.

O'Keefe: Well then that's not good.

Juan Carlos:...I think we want to send an email to you.


Hannah: Honestly I don't feel very comfortable right now. I just gave you a bunch of information and I don't know if we trust you like...

Juan Carlos: No, we help people. [Juan Carlos is trying to get information about Hannah and O'Keefe, not scare them away.]

Page 27

Juan Carlos tries to get a location for where the girls will be on Saturday. He recommends that the girls go to Tijuana where Juan Carlos has a lot of contacts. [My guess is that he wants to help the girls, to prevent them from falling under the control of unscrupulous people like Hannah and O'Keefe.]

Page 28

[Now we find out how much Juan Carlos understood of the earlier conversation.]

O'Keefe: There's twelve girls but they're like there's like thirteen to fifteen years old.

Juan Carlos: Oh, yeah?...I want to contact you now only for email.

Hannah and O'Keefe keep talking, but Juan Carlos no longer responds with his reflexive "yeah". Instead he repeats, "I going to contact you by email."

O'Keefe apples pressure: Just give me your cell phone number.

Juan Carlos complies, but says, "Well it's better I can send you an email."

Wednesday, September 23, 2009

San Francisco School District v. Keenan and Associates

See all posts for Keenan & Associates.

See web articles re San Francisco School District v. Keenan and Associates.

See post re Santa Clara County v. Keenan and Associates.

Victoria Richart revisited: Will the Court of Appeal let her keep her $1.6 million from MiraCosta taxpayers?

North County Times does a pretty good job covering education in North County. They don't tell everything, but they cover a lot of interesting stories.

See all MiraCosta College posts.

OCEANSIDE: Judges mull MiraCosta settlement appeal
Must rule by mid-December
PAUL SISSON
September 15, 2009


An appeals court heard oral arguments this week over whether former MiraCosta College president Victoria Munoz Richart should return thousands of dollars in cash and benefits she received from the college in a 2007 settlement agreement.

The lawsuit over Richart's $1.6 million settlement was filed by local activist and Carlsbad resident Leon Page. He sued MiraCosta and Richart in August of that year, saying the college erred in the agreement because state law caps executive payout packages at no more than 18 months salary and benefits.

On Sept. 23, Superior Court Judge Thomas P. Nugent rejected that argument and ruled that Richart would not have to return the settlement as the lawsuit demanded.

Page appealed the ruling, alleging the lower court judge misinterpreted certain aspects of state employment law.

Both sides in the case made oral arguments before the appeals court Monday.

Page said Tuesday that he thought the judges' questions indicated they understood the issue.

"They'd clearly done their homework," Page said. "It's a 2,000-page record, and they seemed like they had read it."

Attorneys representing MiraCosta and Richart did not return calls for comment Tuesday.

Richart's settlement came after two years of rancor at MiraCosta. The saga started with the illegal sale of a few palm trees by several members of the colleges generally-well-respected horticulture department and ended with the college on warning status from a state accrediting agency.

That warning has since been lifted, and several seats on the board of trustees have turned over, infusing the college with a new atmosphere of collegiality. MiraCosta has more recently seen record enrollments as laid-off workers seek new skills.

In reaching the settlement with Richart, attorneys for the college said the $1.6 million payout was warranted because Richard had a valid claim for damages against the school. They said those claims stemmed from public comments some board members made about her leadership during a tumultuous saga that started with palm trees and ended with her departure.

In his 10-page ruling in September, Nugent stated that state law limits cash payouts only for legal claims "arising out of the contract being terminated." The ruling said Richart still probably had other valid claims against the college separate from her contract.

"It is the finding of this court that the decision of the board to pay settlement monies to Richart was not arbitrary, capricious, entirely lacking in evidentiary support, contrary to established policy, unlawful or procedurally unfair," Nugent wrote.

In his appeal brief Page and his attorney Ron Cozad, accused Nugent of "uncritically accepting" the fact that Richart had a valid claim for damages against the college and its elected leaders...

May students fail to graduate because their high school or college is too easy

The article below is about students overqualified for their college. There is also research that shows that the average high school dropout has a higher IQ than the average high school graduate.

Student-to-College 'Mismatch' Seen as Graduation-Rate Issue
By Debra Viadero
Education Week
September 21, 2009

An important new book on improving the stagnant graduation rates of the nation’s public colleges and universities suggests that one reason so many academically talented students leave college without a diploma may be that they enroll in schools for which they are overqualified.

Authors William G. Bowen, Matthew M. Chingos, and Michael S. McPherson propose that counterintuitive idea, which they call “undermatching,” in Crossing the Finish Line, published this month by Princeton University Press. The book’s findings are drawn from a new study of 68 public colleges and universities, including 21 flagship schools, in four states...

Tuesday, September 22, 2009

ACORN Worker in Video Reported Duo to Police

See all ACORN posts.

ACORN Worker in Video Reported Duo to Police
September 22, 2009

NATIONAL CITY, Calif. — Police say a worker with the activist group ACORN who was caught on video giving advice about human smuggling to a couple posing as a pimp and a prostitute had reported the incident to authorities.

National City police said Monday that Juan Carlos Vera contacted his cousin, a police detective, to get advice on what to with information on possible human smuggling.

Vera was secretly filmed on Aug. 18 as part of a young couple's high-profile expose.

Police say he contacted law enforcement two days later. The detective consulted another police official who served on a federal human smuggling task force, who said he needed more details.

The ACORN employee responded several days later and explained that the information he received was not true and he had been duped...

Monday, September 21, 2009

Couple illegally records conversation and is charged with a crime--but it's NOT Hannah Giles and James O'Keefe

Hannah Giles and James O'Keefe aren't the first to secretly and illegally record a conversation involving someone they disliked politically (ACORN workers). The big difference between this couple and Alice and John Martin is that the Martins didn't set up the conversation. They just happened upon it accidentally.

See all ACORN posts.


Florida Couple Are Charged In Taping of Gingrich Call

By JERRY GRAY
April 24, 1997

The Justice Department today filed charges against a Florida couple who said they had intercepted and recorded a conference call last December among Speaker Newt Gingrich and other Republican leaders.

The Federal authorities in Jacksonville, Fla., announced this afternoon that the couple, John and Alice Martin, had been charged with an infraction, violating the Communications Privacy Act by using a radio scanner to intercept the radio portion of the conversation. It is the mildest criminal charge the couple could face in the case and carries a maximum penalty of a $5,000 fine.

The Government said the Martins had agreed to plead guilty to the charges, and said the couple would cooperate with a continuing investigation into how a recording of the conversation wound up in the hands of a New York Times reporter.

The conversation the Martins taped took place on the same day Mr. Gingrich admitted he had violated House ethics rules by failing to get adequate legal advice on the use of tax-exempt money and then giving the House ethics committee inaccurate information in its investigation. During the call, the Speaker and several colleagues discussed how best to handle the political fallout of the ethics charges.

After it was made public, Democrats complained that the call had violated a plea bargain of sorts that Mr. Gingrich made with the committee, in which he had agreed not to rally opposition to the committee's decision to reprimand him. Republicans said a transcript of the call shows just the opposite, that the Speaker was keeping the agreement.

A Republican leader at the center of the case said he was pleased with today's action, but called Mr. and Mrs. Martin ''patsies.'' Republicans have said they believed that the Martins, who are Democrats, had been used by their party's leaders for partisan purposes. ''I won't be satisfied until every guilty party is brought to justice regardless of their political affiliations or position of influence,'' said Representative John A. Boehner, the chairman of the Republican Conference. ''Anyone who knowingly accepted the tape and passed it along to the press is also guilty.''

Mr. Boehner was driving in Florida on Dec. 21 when the Martins' police scanner picked up signals from the cellular telephone he was using in a call with Mr. Gingrich and other Republicans, including the House majority leader, Dick Armey of Texas, and Representative Bill Paxon of New York.

Charles R. Wilson, the United States Attorney for the Middle District of Florida, said there was no evidence that the Martins intended to use the conversation for illegal purposes or financial gain.

Mr. and Mrs. Martin said at a news conference on Jan. 13 that they had taped the call when they recognized Mr. Gingrich's voice because they had a feeling it was historic. The couple said their Congresswoman, Representative Karen L. Thurman, a Democrat, suggested they give the recording to the senior Democrat on the House ethics committee, Representative Jim McDermott, and that they did so.

The tape caused an uproar on Capitol Hill after The New York Times reported on Jan. 10 that a couple had intercepted the conversation and that a Democratic House member who was hostile to Mr. Gingrich had made the tape available to the newspaper.

Newt Gingrich, like ACORN workers, was secretly recorded in 1997; the result was charges against couple who made recording

If you illegally record Newt Gingrich talking about his deal with the House ethics committee, you get charged with a crime. Alice and John Martin found this out in 1997.

But what happens when you illegally record ACORN workers? We'll have to wait and see.

See all ACORN posts.


At the New Frontier of Eavesdropping

The New York Times
January 19, 1997
By John Markoff

If only Representative John A. Boehner of Ohio had
prevailed upon his wife to buy a digital cellular phone
instead of a conventional analog model. Then, while
cruising past the waffle shop in Lake City, Fla., John and
Alice Martin would have merely heard static on their Radio
Shack scanner instead of House Speaker Newt Gingrich.

The Florida janitor and his wife, whose recording of the
Speaker's conversation with Mr. Boehner and some other
Republican colleagues set off a fight in the House ethics
committee last week, inadvertently drew national attention
to the ease with which it is possible to eavesdrop in the
information age. They also wrote a new chapter in the
high-tech spy-vs.-spy war that is as old as American
communications technology itself...







Alice and John Martin were charged with illegal recording of a conversation they overheard of Newt Gingrich discussing a deal he made with the House ethics committee. McDermott was on the ethics committee that investigated Newt Gingrich.



Speaker Phone

Jim Lehrer News Hour
January 14, 1997
PBS

...ALICE MARTINE: ...Mr. McDermott... we told him we had something to turn--we told him we had something to turn over to the Ethics Committee, and he asked us who we were. He took the envelope in his hand and he felt where the tape was, and he said he would listen to it. And then he asked if there was any way to get in touch with us. And so my husband gave him one of his STPNEA cards, and he said, thank you, and we said, thank you, and we left.

KWAME HOLMAN: Two days later the contents of the tape were on the front page of the "New York Times." The tape potentially could cause problems for Newt Gingrich, who had made a deal with the Ethics Committee not to orchestrate a response to its charges. But the tape might cause problems for McDermott as well because federal law prohibits intentionally intercepting telephone calls or intentionally disclosing their contents. Late this afternoon McDermott announced he will recuse himself from any further work on the Gingrich ethics matter. As for the Martins, they too could be prosecuted for their actions...



NEWS REPORT ABOUT THE TAPE

...DAVID BANISAR: It's not only illegal to intercept the conversation but it's also illegal under a different provision of it to disclose that conversation once you listen to it.

CHARLAYNE HUNTER-GAULT: You mean to turn it over to somebody else?

DAVID BANISAR: Right. To make a recording and to give it to somebody, or to even repeat what was said on that conversation is a violation.

CHARLAYNE HUNTER-GAULT: And to record it--

DAVID BANISAR: Yes.

CHARLAYNE HUNTER-GAULT: --also?

DAVID BANISAR: That's also a violation.

CHARLAYNE HUNTER-GAULT: And what about the people who receive the contents of it, are they covered under this law as well?

DAVID BANISAR: There's not a specific provision that prohibits you from receiving an illegally recorded phone call, but if you disclose it again, you're then also covered under the law.

CHARLAYNE HUNTER-GAULT: In effect, the person who receives it, if he then or she then discloses it, that's also illegal?

DAVID BANISAR: Right. If you throw it in the garbage, it's probably not a violation, but if you were to say give a transcript of it to the "New York Times," it would probably be a violation...

Sunday, September 20, 2009

Good news for Net Neutrality: big companies won't be able to eliminate voices

FCC 'Net Neutrality' Rules Expected to Advance on Vote
By Cecilia Kang
Washington Post Staff Writer
Monday, September 21, 2009

The Federal Communications Commission's proposal of new rules to prevent companies such as AT&T, Verizon and Comcast from deliberately blocking or slowing certain Web traffic is expected to advance with three votes out of the five-member agency, according to sources...

Annie Le Was on Fast Track, Suspect Ray Clark Cleaned Cages; Did Worlds Collide?

Noted Criminologist Says Suspect, if Guilty, Might Have Exhibited 'Relative Deprivation'
By SUSAN DONALDSON JAMES
Sept. 20, 2009

She has been described by friends as a "brilliant" student, eager to pursue a research career in medical anthropology. He was responsible for cleaning mouse cages in a university lab.

Police say when the worlds of Ray Clark, the 24-year-old lab worker, and Annie Le, the 24-year-old graduate student, collided in a Yale University laboratory this month, the result was murder.

Authorities have not yet pinned down a motive for the killing -- in which Clark was accused of murder after Le's body was found hidden in a laboratory wall on Sept. 13, the day she was to be married.

New Haven, Conn., Police Chief James Lewis told The Associated Press officials may never know why she was killed.

"The only person who knows the motive is the suspect," Lewis said. "It's true in many cases. You never know absolutely unless the person confesses, and in this case it's too early to tell."

Brad Garrett, a former FBI agent and an ABC News consultant, said the fact that Le was found strangled may hint at a motive in the case.

"People who kill other people and strangle them is a very personal thing because they are actually looking at you as they are dying," Garrett told "Good Morning America Weekend." "Think about what anger and rage anyone would have to have."

'Relative Deprivation'

If Clark committed the crime he is accused of, a criminologist told ABCNews.com his actions might be explained by what sociologists call "relative deprivation."
Related
Only One Suspect in Annie Le Case, Cops Say
PHOTOS: The Murder of Annie Le
WATCH: Garrido Yard Searched for Cold Case Clues

That psychological mind set can be triggered "when you are measuring your own self worth against others and you come out on the bottom," according to Northeastern University criminologist Jack Levin, who has been following press accounts of the case.

"[Ray Clark] worked in an Ivy League school where most of his co-workers were potentially successful and had advanced degrees and were looking forward to a fulfilling and happy life," said Levin. "He was cleaning cages."

Le's research on enzymes could have had involved breakthroughs in cancer, diabetes and muscular dystrophy. Clark's work, on the other hand, tidying floors and cages, was more janitorial in nature.

Ann Turner, executive director of the American Association for Laboratory Animal Science, told the Hartford Courant "there is a gulf" between technicians and the researchers they interact with, but that gap would not necessarily led to tension.

"If there is a culture of trust and a culture of respect, the researchers will respect the animal care technicians, and vice versa," Turner said.

Since his arrest Sept. 17, Clark has not entered a plea and neither he nor his lawyers have not spoken, but police say evidence is mounting against the suspect in what they are calling a case of workplace violence.

Some friends told ABCNews.com said they could not imagine Clark -- "a nice guy" -- committing a crime. Others who knew him, however, described him as a "control freak" who was competitive in sports, compulsive about his work habits and controlling in his romantic relationships.

One law enforcement official who talked to the AP on condition of anonymity said this week that Clark's co-workers said he was territorial about the mice whose cages he cleaned.

La Mesa/Spring Valley's Rick Winet continues to amaze: he sees a death threat in Emerson quote

This post is a follow-up to this story about the banning of President Obama's speech in La Mesa-Spring Valley School District.

San Diego Union-Tribune Editorial
A school board polarized by politics
September 17, 2009

“Resign, resign, resign!” The chant rolled through the auditorium.

On Labor Day, the La Mesa/Spring Valley School Board met to ban live broadcasts of President Barack Obama's nationwide speech to students. It was a meeting called in haste, little publicized and attended by virtually no one. And it angered many. Eight days later, parents packed the auditorium at Parkway Middle School in La Mesa, intent on retribution.

Board President Penny Halgren apologized profusely for her motion to bar the presidential speech. Bob Duff apologized for being the swing vote, and a still-defiant Rick Winet acknowledged only that the board could have done better...

Then the board effectively undid its apology.

Winet seized upon the words in a union official's e-mail (“If you are going to challenge the King, you'd better kill the King” — an often-mangled quote from Ralph Waldo Emerson) to see a death threat. The board authorized use of all legal means against anyone making a personal attack, be it verbal or physical...









Maura Larkins' comment: I don't know who wrote the above editorial but I'm sure it was someone other than the confused and anonymous individual who wrote the following editorial for the same newspaper. This unethical pundit clearly blames the minority trustees for the banning of Obama's speech--when they voted against the measure.

What was the writer of the following editorial thinking?


School board's holiday meeting
San Diego Union Tribune Editorial

September 12, 2009

Mark Twain had some choice words about them: “In the first place, God made idiots. This was for practice. Then he made school boards.”

It's not certifiable that the La Mesa/Spring Valley board members — Penny Halgren, Bob Duff and Rick Winet, the majority, or Emma Turner and Bill Baber, the minority — are idiots, but they sure left themselves open to second-guessing.

[Blogger's note: Shame on the San Diego Union-Tribune for adding the two minority trustees, who, as most school board members across the country, did NOT forbid showing Obama's speech to students. Only the first three people on the list--Winet, Halgren and Duff--left themselves open to "second-guessing."]

...Ami Adkins of El Cajon, parent of an eighth-grader, is unhappy. “Just to put this into context,” she wrote us, “two weeks ago my daughter was taken out of class during school (without my permission) to attend a district-sanctioned sales presentation given by a private corporation, where she was strongly ‘encouraged’ to sell cheap and useless junk (crap) from a magazine in order to pad the school's budget.”

So yes, we were not enthusiastic about the poorly timed broadcast. Neither do we support government censorship decided in a near-empty room on a holiday.

Dunce caps for the electeds do seem in order.

[Maura Larkins' comment: Dunce caps for Winet, Halgren, Duff and the Union Tribune are in order. Emma Turner and Bill Baber are the only board members who behaved well in this matter.]

Friday, September 18, 2009

It's okay to commit a crime and use deceit to prove that ACORN workers sometimes don't know how to handle prostitutes and pimps

See detailed analysis of transcript details.
See all ACORN posts.


ACORN videos from National City, San Bernardino cause stir

September 17, 2009
LA Times

The chairman of the Republican Party in San Diego County and a Republican member of the Board of Supervisors have joined Gov. Arnold Schwarzenegger in calling for an investigation into ACORN.

Tony Krvaric, chairman of the local GOP, and Supervisor Bill Horn said they are particularly suspicious of the group's voter registration efforts in a local Assembly race and a San Diego City Council race, both won by Democrats.

An undercover video shot at the group's office in National City purports to show workers willing to help someone interested in setting up a prostitution ring, possibly with girls from Tijuana. The video has been shown nationally on commentator Sean Hannity's Fox News program.

"Coverage by the national media has put a black mark on our region and we have an obligation to find the truth," Horn said. Rep. Darrell Issa (R-Vista) has introduced a motion in Congress calling for the government to deny all federal funding to ACORN.

Meanwhile, the debate about another video purporting to show an ACORN worker in San Bernardino offering advice on how to set up prostitution businesses intensified today.

Conservative activists James O’Keefe and Hannah Giles pose as a pimp and a prostitute, respectively, in a hidden-camera video released Tuesday that depicts a woman who O’Keefe says is an ACORN worker in San Bernardino saying she could show them “how not to get caught.” On the video, which is edited, she also discusses killing her ex-husband and says she “laid some groundwork” beforehand by going to domestic violence shelters and saying she was abused.

But Christina Spach, the office supervisor at the ACORN office in San Bernardino, told the San Bernardino Sun that the woman on the tape knew the pair were joking but went along with it in part because she was alone in the office and was concerned for her safety. "Just to be clear, ACORN is not in the prostitution business," Spach told the Sun. "She was in an office all by herself. She felt unsafe in their company."

ACORN called on the activists to release the full tape, but declined to make the worker on the tape available to speak with reporters. A spokesman for the ACORN offices in National City and San Diego said the brief clips shown on the Hannity show were out of context and misleading. He promised a fuller explanation in two days after ACORN has a chance to interview its workers about the incident.

O’Keefe and Giles have previously released similar videos in Baltimore, Washington and New York that have appeared on websites and Fox News. In a letter to Brown released to reporters, Schwarzenegger, a Republican, said the reports “concerned me greatly."

"I believe it is appropriate that your office launch a full investigation into ACORN’s activities in California,” the governor wrote. “My administration stands ready to assist in any way necessary.”

Brown spokesman Scott Gerber said in a statement that his office would review the video, "and if we think there's any wrongdoing, we'll look into it or refer it to the local" district attorney.The U.S. Senate voted Monday to block federal housing grants to the group, which has also come under fire in voter registration fraud cases, particularly during last year’s presidential campaign.The group registers voters for Democrats.

[Updated at 9:43 p.m.: In San Diego, an ACORN organizer was fired for "unacceptable conduct" in answering questions from the undercover couple posing as a prostitute and pimp. Spokesman David Lagstein made the announcement just hours after saying no action would be taken against the organizer, Juan Carlos Vera. Still, Lagstein referred to the two who came to the National City office as "unscrupulous partisan videographers."]

-- Tony Perry in San Diego and Michael Rothfeld in Sacramento



Post a comment



It's about time the tide turned in favor of good, tax-paying citizens...

Posted by: karen kelly | September 17, 2009 at 01:00 PM


The subliminal, racist undertones of Supervisor Horn's statement(s) in this article are incredulous!

Posted by: Arnette | September 17, 2009 at 01:10 PM


While folks are getting out their vigilante ropes to hang ACORN members and their sympathizers, let's all cheer California Penal Code section 632(a). It appears that conservative activists James O’Keefe and Hannah Giles may have violated criminal law by making secret recordings of conversations. However, if their guys violate criminal law, it seems OK with Congressman Darrell Issa and Gov. Arnold Schwarzenegger.

Posted by: Richard Ivey | September 17, 2009 at 01:59 PM

Thursday, September 17, 2009

We need better evaluation for teachers--and doctors. Constant evaluation by professionals would be better than having jury trials re medical problems

#1 Doctors cover up for each other too much, allowing incompetent doctors continue to practice.

#2 Good doctors sometimes get sued for unpreventable tragedies, and juries who don't understand the complexities of these cases are asked to decide of the doctor acted properly.

As we talk about reforming medical the medical malpractice tort system, maybe we could solve problem #1 at the same time as problem #2.

Perhaps doctors who are currently evaluated as good could be given lower insurance rates.

But capping medical malpractice claims would only serve to encourage incompetent doctors. Insurance companies would have little to lose by insuring them.

Bob Watkins failed to report his conflicts of interest as airport authority chairman


This story makes me wonder if there is perhaps a whole lot of information, other than mere yearly updates, that Bob Watkins has failed to report. And it also makes me wonder if Watkins charged San Diego County Office of Education for Charger games or airplane tickets. What was the grand total of his expenses at SDCOE?

See all Bob Watkins posts.


Watkins' Interests Not Disclosed
Voice of San Diego
by Rob Davis
Sept.16, 2009

When Bob Watkins, the airport authority chairman, took office in 2006, he reported owning his consulting business, property near the airport and more than $100,000 in stock. He reported the investments on his annual conflict-of-interest report.

In the two years since, Watkins hasn't disclosed anything on the annual forms. He has ticked a box that says he has nothing to report. The airport authority's conflict of interest code requires board members such as Watkins to disclose "all investments, business positions, interests in real property and sources of income."

But county records show that Watkins still owns property near the airport as well as a home in Alpine. His business, R.J. Watkins & Co. is located at 2515 Brant St., eight blocks from Lindbergh Field. He listed its fair market value at being more than $1 million when he took office. He stopped reporting it in 2008.

The lack of disclosure is potentially problematic. The property sits in an area that the airport authority's board has land-use planning powers over, giving Watkins the power to influence future land uses there. And Watkins signed the annual disclosure forms under penalty of perjury. Such disclosures are made to alert the public about potential conflicts of interest. Officials who fail to fully report their interests can be fined up to $5,000 per violation by the state Fair Political Practices Commission...

East Side Union HSD gave over $80,000 to ex-San Jose councilwoman--and got little in return


Former San Jose councilwoman Cindy Chavez

East Side Union High School District hired ex-San Jose councilwoman to start an education foundation
By Dana Hull
dhull@mercurynews.com
Posted: 09/15/2009
When East Side Union High School District trustees wanted to start an education foundation to raise much-needed funds, they turned to Cindy Chavez, a former San Jose councilwoman with charisma as vast as her Rolodex.

The school district paid Chavez a total of $79,000 in consulting fees, plus an additional $5,572 to its law firm to establish the foundation's non-profit status.

But two years later, the foundation has no Web site, few board members and just $4,470 in its bank account.

The revelations come as the sprawling 26,000-student district endures an audit of its finances and an independent investigation into Superintendent Bob Nunez's spending habits. Paying an outside consultant sharply contrasts with how most school foundations get started — with parents and community leaders volunteering time and expertise. That's the grass-roots approach "Save Our Sports" used to raise $115,000; the East Side parent group bypassed the foundation altogether when it felt the foundation was too ineffective to rely on.

"I am very concerned that $85,000 has been spent on a foundation that is bogus as far as I'm concerned," said board president Patricia Martinez-Roach, who was not on the board when Chavez was hired in 2007. "This whole thing was a big mistake. The board should never have tried to set up a foundation by using district money. Maybe it was well intentioned, but it stinks."

Earlier this spring — as the district laid off teachers and staffers and scrambled to save sports —Martinez-Roach said she was shocked to discover the foundation did not even have a bank account. (A bank account was opened in June of this year.)...

Researchers Try to Promote Students' Ability to Argue

When asked what to do when they and a peer had a disagreement over a project, 6th graders replied:
28% Defer to another
28% Discuss

SOURCE: Deanna Kuhn


Researchers Try to Promote Students' Ability to Argue
A little-developed skill gets fresh recognition as essential for school, life
By Debra Viadero
Education Week

In a back-to-school commentary published this month in The New York Times, Gerald Graff, the well-known University of Chicago scholar, offered some advice to college students. “Recognize that knowing a lot of stuff won’t do you much good,” he wrote, “unless you can do something with what you know by turning it into an argument.”

Indeed, researchers say, the ability to argue is getting fresh recognition as a skill that is vital to success in college and the workplace.

That students need to learn how to argue may come as a surprise to parents of strong-willed children. More than ever, administrators and educational technology leaders need reliable information and resources to guide the technology decision making process. But logical arguments differ from the kinds of emotional arguments families experience, experts say, and most students possess only weak knowledge of how to recognize, understand, and construct one.

A small spate of studies—13 financed since 2002 by the U.S. Department of Education’s Institute of Education Sciences, or IES—is beginning to offer some clues, though, on how students’ argumentation skills can be improved in the right kind of educational setting.

“The good news is that a little bit of instruction seems to help,” said M. Anne Britt, an associate professor of psychology at Northern Illinois University, in DeKalb. “It’s not like the problem is so bad that you need drastic measures.”

While educators have espoused the virtues of skilled argumentation at least as far back as Socrates, schools typically don’t spend a lot of time teaching students how to make a reasoned case for or against a particular position.

Innovative math program boosts scores at O.C. schools

Innovative math program boosts scores at O.C. schools
Computer games and interactive visuals developed by a Santa Ana nonprofit are used at 64 elementary sites.
By Seema Mehta
LA Times
September 15, 2009

In the airy computer lab at Romero-Cruz Elementary School in Santa Ana, 11-year-old Davis Nguyen quickly completed math problems. Each correct answer let an animated penguin named JiJi take steps across a bridge. The computer game looked simple, but backers say it is part of an innovative and powerful new way to teach math, and standardized test results released Tuesday appear to back up their claims.

Across the state, schools saw a 4.5% increase in the number of elementary students scoring "proficient" or "advanced" in math. But 64 Orange County elementary schools that took part in a math program created by the nonprofit MIND Research Institute saw a nearly 13% increase in the number of students scoring in those top levels.

The achievement buoyed the schools' rating as well.

At Romero-Cruz Elementary, more than two-thirds of students speak limited English and nearly nine of 10 qualify for free or reduced-price lunches, a measure of poverty. The school was in its fifth year of facing sanctions because it failed to meet federal achievement goals. But it gained nearly 90 points in the Academic Performance Index -- the state's key measure of schools based on standardized test scores -- reaching a score of 759 and "safe harbor" from sanctions this year.

Such gains show that "demographics and background have nothing to do with kids' success," said Santa Ana Unified School District Supt. Jane Russo. "It has to do with the strategies we use, the teachers that are working hard and this wonderful partnership."

The MIND institute used neuroscience research to create a way to teach math based on spatial-temporal reasoning.

"It's thinking in pictures," said Matthew Peterson, co-founder of the Santa Ana-based institute.

Using computer games as well as interactive visuals in the classroom, students are taught fractions, equations, comparisons and other math processes. Later, they learn the vocabulary and symbols that go with the subject matter. It's a high-tech version of the paper money and metal coins that instructors have long used to teach about currency.

"It's teaching math without a lot of added complexity that doesn't need to be there," said Andrew Coulson, president of the institute's education division...

Wednesday, September 16, 2009

"Hostile, authoritarian environment ...disrespect, intimidation and the appearance of retaliation"; Luther Burbank school sounds just like my school

Grand jury blasts San Jose's Luther Burbank school board
By Sharon Noguchi
07/11/2009

With seven years of climbing test scores, wild success in teaching reading and a record of lifting the most struggling students, Luther Burbank School District has been hailed as a model for educating poor and immigrant children.

Now the tiny San Jose district is getting noticed for something that could threaten that progress: a grand jury report that blasts Luther Burbank for a crisis of leadership and an intimidating board that may have run afoul of the law.

In a scathing report, the Santa Clara County civil grand jury awarded the five-member Luther Burbank board an F for mishandling its duties, among them firing a popular superintendent and hastily hiring a replacement without vetting.

The jury singled out board President Antonio Perez for creating a "hostile, authoritarian environment characterized by disrespect, intimidation and the appearance of retaliation." It suggested he step down as president.

The report concluded gloomily that the one-school district, which serves primarily low-income immigrant families in San Jose's central Burbank district, may not be able to change the board's systemic problems. The Santa Clara County District Attorney's Office is looking into the findings, spokeswoman Amy Cornell said, and Santa Clara County Schools Deputy Superintendent Cary Dritz is naming a committee to review and respond to the report.

The Luther Burbank school board is scheduled Tuesday to discuss the grand jury's 33-page
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report, which has done little to change the tenor at the school: Two secretaries have taken stress leaves, a principal and five teachers have complained of harassment and parents say they are terrified to speak out.

"I'm afraid of what might happen to my children," said Maria Uribe, mother of three. Even though her youngest just finished eighth grade and will move on to high school in a different district next year, she said she and other parents fear unspecified retaliation.

Since the report's publication in June, Perez has been a frequent visitor to Luther Burbank's only school, strolling on the playground, walking into rooms or sitting in the school office.

A parent who works as a school crossing guard said Perez reported her to her boss for allegedly talking with parents about the grand jury report while on duty.

Perez said he visits school because his son is in kindergarten there. "One thing I did notice is a lot of employees expressing their First Amendment rights during working hours. I'm sure there (are) a few laws against political activities using public resources," he wrote in an e-mail to the Mercury News.

The grand jury report, culminating a yearlong investigation by the civilian watchdog, alleged multiple failures, among them:

# The board summarily fired Superintendent Richard Rodriguez and on the same evening hired an interim superintendent without proper notice or vetting.

# Perez appears to be intimidating employees who supported the former superintendent and who were summoned to speak to the grand jury.

# Layoffs and demotions, while budget related, seemed to single out those considered hostile to Perez and the new administration.

# In a potential conflict of interest, Perez voted to award district contracts to a company that his woodworking company does business with.

# The district has violated open-meetings and public-notification laws.

In a lengthy interview with the Mercury News, Perez, in his seventh year on the board and third as president, said the jury was brainwashed by Rodriguez, whom the board ousted in November. Perez said he had to bring in a new administration to clean up a fiscal mess in the district office.

Rodriguez said he left the district with a $2 million surplus. He's distressed at recent events and says the board lacks ability and "has no business whatsoever overseeing a school district."

Sunday, September 13, 2009

California Dept. of Education protected fraud, retaliated against whisteblower

Whistleblower Sues State Over School Fraud
Operators Of Language Schools Stole Millions, Man Says
KCRA.com
December 14, 2007

SACRAMENTO, Calif. -- Auditors found that some locally run language schools were fleecing the State Department of Education out of tens of millions of dollars.

Whistleblowers said top department officials not only looked the other way, but harassed and retaliated against them.

One of the whistleblowers sued the state, which twice appealed and has lost, costing taxpayers millions of dollars.

Efforts to settle the case in Sacramento this week went nowhere, meaning taxpayers may have to foot the bill for a third trial against a former employee who says the state ruined his life.

There are dozens of adult education schools in California teaching recent immigrants to speak English.

They are funded by the state and operated by community-based organizations.

In an investigation that began 12 years ago and is still dragging through the courts today, auditors found widespread fraud involving some schools.

Whistleblower Robert Cervantes said they engaged in flat-out corruption, and yet the public does nothing.

Cervantes, a former high-ranking officer in the Department of Education, said some of the operators of these schools were ripping off millions of taxpayer dollars.

Cervantes said what he and colleagues found the sites of some alleged schools were boarded-up gas stations, empty fields, drug houses and warehouses that were locked. His group found very few facilities that indicated that in fact classes were being conducted.

Cervantes said he and department auditor James Linberg blew the whistle.

Lindberg said if they had stopped it right then, it would have been about $3 million to $4 million.

This tale of intrigue began in the mid-1990s when the state Department of Education directed more than $23 million in federal funding to community-based organizations in California to teach English as a second language to immigrants.

But when Cervantes and Lindberg took a closer look, they found that community-based organizations flat-out told them they didn't have a program. The community-based schools felt totally immune, Cervantes said.

Cervantes said if he had persisted in investigating them and didn't continue funding these operations, they said they would get him. And by getting him, meaning, trying to kill him.

Cervantes said then Superintendent of Education Delaine Eastin and other department supervisors told him it was still his job to get the money out the door. He pointed out to them that this was fraud. They said it didn't matter, then Cervantes indicated he simply wouldn't do that.

Cervantes and Lindberg said the department retaliated, sending them to dead-end jobs where they did nothing for months on end.

The stress took a toll on Lindberg. He suffered two heart attacks.

Lindberg said the first heart attack came shortly after meeting with Eastin when he confronted her with questions such as "Why are you retaliating against me?"

Unable to work, Lindberg sued the department and Eastin. The case went to trial five years ago. A Sacramento jury awarded him a $4.5 million judgement, finding the state and Eastin liable...

Capistrano teachers union objects to Keenan & Associates as insurance carrier

See all blog posts re Capistrano Unified School District.
See all blog posts re Keenan & Associates.

Union Questions Trustees' Vote on Insurance Carrier
Beyond the Blackboard

The Capistrano Unified Education Association, which represents CUSD's teachers, is questioning whether trustees acted properly when they rejected staff's recommendation on an insurance broker and went with another.

The problem: Trustee Anna Bryson announced the staff-recommended firm, Marsh USA, had been sued in another state for alleged kickbacks and other issues. It would irresponsible, she said, to give them CUSD's business. But she didn't note that the company the board went with instead, Keenan Associates, had also been sued, in California, for alleged kickbacks and other issues.

That lawsuit, which also named Driver Alliant Services, was filed by attorneys representing the county of Santa Clara, San Francisco City College District, the SF Unified School District and Tuolumne Joint Powers Authority in 2006, reportedly settled for $3.2 million.

Another problem: John Stephens, a senior vice president of Keenan, donated $1,000 to the CUSD Recall Committee in May of 2008. Nothing illegal there, of course, but the whole CUSD-contractors-giving-political-donations-to-trustees thing was often cited as an example of the alleged "corruptness" of the old board.

The CUSD Recall Committee backed and financially supported all seven trustees in office.

On the campaign disclosure form, Stephens is listed as an insurance consultant. I called Keenan's San Clemente office today and verified he works there. Additionally, Stephens was a speaker at an event that Keenan co-sponsored on Internet safety for children.

That event was a month before the trustees voted on the insurance deal. Looking at the photographs from the event here, you can see Anna Bryson attended.

The teachers' union also raises questions about whether trustees gave the issue enough thought and consideration. In the May 19 letter, the union is calling on the board to rescind the contract.

I emailed each of the trustees today asking for their response, especially in light they'd run on the platform of integrity and openness, and have yet to receive a reply. I will post them verbatium when I do.

(As a sidenote, I have in the past and continue to offer any and all trustees the opportunity to write columns in our papers. Those would run as they wrote them with no filtering. None are taking me up on it.)

Here's a copy of the CUEA letter

Here's a copy of the Keenan lawsuit (21 MB file)

Here's a copy of the campaign-disclosure form.

UPDATE:

From Trustee Ken Maddox:
I believed Keenan and Associates provided the superior proposal. I disagreed with the staff's recommendation. For the record, I spent five years on the State Assembly's Insurance Committee as Vice-Chair and was the Republican Caucus lead on a bi-partisan committee to reform the workers compensation system.

My vote was cast solely on what I believe to be in the best interest of the district. Effective risk management is a critical component of maintaining our financial position as a District. I have every confidence the Board made the right selection.

Respectfully,
Ken Lopez-Maddox

Friday, September 11, 2009

Joe Wilson, who yelled "You lie!" during Obama address to Congress, is no Winston Churchhill

Joe Wilson uses presidential address as heckling opportunity. President Obama did not lose his cool.

"If we become accustomed to hearing people call a politician a liar everywhere else — for example, in town halls — suddenly it seems more natural in a place where it's never been acceptable," says Jamieson.

Heckling of president is rare in American history
By JOCELYN NOVECK (AP)
Sept. 11, 2009

...And then there was the 1838 pistol duel in which William Graves of Kentucky shot and killed fellow congressman Jonathan Cilley of Maine over words spoken on the House floor. (He wasn't even expelled.)

Given those breaches of congressional protocol, it would seem that a mere shout of "You lie!" from a 21st-century South Carolina congressman [Joe Wilson to President Obama during Obama's address to congress] would be small potatoes...

Yet there's little if any historical precedent for a U.S. congressman individually challenging a president during a speech to Congress — let alone accusing him of lying — which is just one reason why some longtime political observers were stunned by Rep. Joe Wilson's outburst...

"Occasionally, members of the opposing party have been known to boo and jeer as expressions of dissent on a specific point," says Beuttler, citing instances during the Bill Clinton and George W. Bush administrations. But before Wednesday, he says, "expressions of individual opposition of members to a president's speech had not been recorded."

Some have compared Wilson's outburst to those that occur routinely in Britain's House of Commons, when the prime minister is answering questions. But one political analyst says this is vastly different, because the prime minister isn't the head of state.

"Our president is the head of government and also the head of state, the combination of the country and the government," says Steven Cohen, professor of public administration at Columbia University. "We expect a certain amount of deference to the president, in the same way as we would for the queen. Here, we combine the two roles."

To another political analyst, it's the nature of the accusation — an elected official calling the president a liar — that is not only a serious breach (accusations of lying are forbidden under House rules) but also extremely rare in politics.

"Accusing someone of lying is impugning their integrity," says Kathleen Hall Jamieson, an expert on political communication at the Annenberg Public Policy Center at the University of Pennsylvania. "It was done in print a lot in the 19th century. But it is not routinely done in political discourse."

Congress is a place of deliberation, Jamieson adds: "If you call someone a liar, you've ended the deliberations. This is such a strong norm that it's been in the House rules since Jefferson."

...Winston Churchill was more subtle about the charge of lying, once describing a statement by another lawmaker as a "terminological inexactitude," now a commonly accepted euphemism for a lie...

Bob Watkins repays Charger tickets after true purpose of outing is revealed

It turns out that Bob Watkins, formerly of SDCOE and now airport authority chairman, did not take a member of parliament to a baseball game as he claimed.

See all posts about Bob Watkins.

Watkins Repays Chargers Tickets

Voice of San Diego
by Rob Davis

Bob Watkins, the airport authority chairman, has reimbursed the authority $1,200 for the Chargers-Saints game he attended in London last October, an authority spokeswoman announced today.

Watkins didn't attend the game with the person he said he had. When I talked to him in July about the expense, he told me he'd taken a member of the British Parliament. He said they sat on the 5-yard line. At the time, he said this:

The tickets that I got were for myself and a member of Parliament over there who essentially is involved in airport security and as a result of that particular activity, we then met with a number of other people who were involved in England’s -- Great Britain’s airports -- Stanstead and Heathrow, so it was a business expense, not a junket.

Diana Lucero, an authority spokeswoman, said that Watkins actually took James R. Burrows, then the CEO of Litelogic, a British company that puts LED advertisements on buses and that had interest in doing business in San Diego...




Watkins Took Niece's Husband to Chargers Game
Voice of San Diego

by Rob Davis
Sept. 15, 2009


In early August, Bob Watkins, the airport authority chairman, told me that when he went to the Chargers-Saints game in London last year -- with tickets paid for by the airport authority -- he took a member of Parliament involved in airport security issues.

The authority corrected Watkins last week, saying he'd actually taken James Burrows, then the CEO of Litelogic, a British company that puts LED advertisements on buses and that had interest in doing business in San Diego. Watkins repaid the $1,200 tickets in late August after our coverage highlighted that expense and others.

What the authority's correction didn't say: Burrows is part of Watkins' extended family.

Burrows is married to Watkins' niece, Gwynneth, said Peggy Fainelli, Watkins' ex-wife.

In an interview Monday, Watkins refused to confirm the relationship. He later acknowledged that his brother, who now lives in San Diego, had lived in England and still has family there. Watkins said he contacts them when he's overseas...

Emily Alpert's Bright and Early

Emily Alpert's Bright and Early column is jam-packed with links to stories I wouldn't come across if I didn't read Voice of San Diego. Here is a sampling from today's column.

Bright and Early
EMILY ALPERT
September 11, 2009

...# The North County Times reports that the future of a controversial reading program is uncertain in Vista schools. Schools will use similar strategies after class, but will not use the consultants who are supposed to oversee the program.


# Schools historian Diane Ravitch blogs at Education Week that the reforms boosted by the stimulus may not be so hot: "What is extraordinary about these regulations is that they have no credible basis in research," she writes. "They just happen to be the programs and approaches favored by the people in power."


# The Washington Post reports that the D.C. teachers union may be nearing a deal with firebrand Superintendent Michelle Rhee on a contract. Rhee has relinquished the idea of a two-tiered salary schedule with higher pay for teachers who give up key job protections, but the nascent deal could still give D.C. schools more power to fire ineffective teachers.


# And the USA Today zeroes in on a Kentucky school district where a football coach took players on a voluntary trip to be baptized in church. He used a school bus -- but another coach paid for the fuel. Is that a problem? Their superintendent says no. The American Civil Liberties Union says yes.

La Mesa-Spring Valley trustee Rick Winet says Obama speech was "assault on constitution"; Halgren and Duff are sorry they voted with Winet


Board members Bill Baber (left) and Emma Turner (right) tried to defend openness and honesty in La Mesa-Spring Valley. They voted to allow students to hear President Obama's speech. Penny Halgren and Bob Duff now agree with them, and Rick Winet stands alone in his opposition.

Statements from La Mesa-Spring Valley school board members
San Diego Union Tribune
September 10, 2009

The La Mesa-Spring Valley school board voted 3-2 to prevent teachers from showing President Barack Obama's education speech to students on Tuesday. The three board members issued the following statements later this week:

Statement issued by Rick Winet on Sept. 8:

...My personal objection to the proposed presentation and curriculum by the President and the Secretary of Education centered on 2 areas:

1. This was a direct assault on The Constitution of The United States of America.
U.S.C. code 3503 clearly states that Congress prohibits the Executive Branch from overriding local school boards and local branches of government of control of public school curriculum..I would not and will not ever support this sort of selfish, socialistic message as public school curriculum.

2. The President's speech and lesson plans were, in the end, clearly focused to deliver a message to high school age students... this message was not appropriate for a vast majority of our students...


Statement issued by trustee Penny Halgren on Sept. 10:

I apologize for my vote to delay showing President Obama's speech to the children in our school district. If I could roll back the clock and do it again, my vote would have been to show the speech live in our classrooms.

My intent was purely to create a rich and personally meaningful educational experience for each child in our district. Because of that narrow focus, I missed completely the value of the group experience gained by having all children listen to the speech at the same time.

Statement issued by trustee Bob Duff on Sept. 10:

After seeing the President's speech, I now believe the message should have been viewed live and I regret I was responsible for the delay. All should had the opportunity to have seen it live. For this I truly apologize.


Trustee Penny Halgren

'If I Could Roll Back the Clock'
Voice of San Diego
by Emily Alpert
September 10, 2009

I just got an e-mail from La Mesa-Spring Valley school board member Penny Halgren, apologizing for her vote to delay showing President Obama's speech to schoolchildren.

The East County district decided to make schools wait to show a recorded version of the speech until Wednesday so that it could be revie