May 7, 1998

California Education Code Section 7054 Violations

Dear Mr. Flippo:

The enclosed correspondence is submitted to provide a perspective and time line as to the alleged violations with which we have become concerned.

The March 1, 1998 announcement which was published in the Latino Beat, a leading on-line Latino news & information service - a subsidiary of Pacifica News Online, was our initial notification of the event which took place on March 3 at the Lennox Middle School cafeteria. This event, which prompted our letter of March 20 (copy enclosed) to Attorney General Lungren, has been confirmed by Superintendent Bruce McDaniel in his enclosed letter of March 23. That the event took place is, therefore, uncontested.

In his letter of April 2, also enclosed, Deputy General Counsel Roger D. Wolfertz of the California Department of Education states that if the purpose of that forum was to urge the defeat of Proposition 227, any school district funds, services, supplies or equipment used to hold that forum is a violation of the Captioned Code.

We feel that Superintendent McDaniel's reliance on the general wording of the Civic Center Act is in conflict with the specific prohibitions imposed by 7054 which, as delineated in 7050, is controlling and "supersedes all provisions on this subject."

In the enclosed e-mail letter of March 2, 1998 to the undersigned, Mr. Isaac Cubillos, editor of the Latino Beat states "The scheduled ‘forum' at Lennox, we believe is in violation of CA law of using school grounds to promote/oppose an issue on the ballot. They may call it an ‘information forum' but the speakers are fighting against Proposition 227." Please note the CC addressees on the e-mail. Mr. Cubillos did not hesitate to present his strong view of this activity to a considerable number of state legislators among other notables.

As regards the possible additional violation which allegedly occurred at the Alisal Union School district in Salinas as mentioned in the letter of March 20, a copy of all relevant correspondence is being sent concurrently to the Monterey County District Attorney as recommended by Deputy Attorney General Michael D. O'Reilley in his letter of April 27 (copy enclosed).

At a duly noticed meeting of the Conservative Order of Good Guys Board of Directors meeting held on May 5, 1998, this report was approved unanimously and is respectfully submitted for your consideration.

Very truly yours,