Something is Rotten in CCS – Bad Legal Advice and Unnecessary Legal Fees?

On Jan19, 2012 we received the following from CIF-CCS legal counsel:

Sir or Madam:

The California Interscholastic Federation (“CIF”) and CIF-Central Coast Section (“CIF-CCS”) are very concerned about the postings on your website stating that you are aware of instances where students may have been subject to abuse and injury. You specifically allege that the CIF and the CIF-CCS have failed to report such instances of abuse. While your blog makes these very serious allegations, the ccswatchdog has never reported such information to the CIF or to the CIF-CCS. Further, your blog does not state that you have ever advised law enforcement or Child Protective Services of your allegations. In order to ensure the protection of children, the office of the CIF General Counsel has contacted the Santa Clara County District Attorney and the San Jose Police Department regarding your allegations. The CIF and the CIF-CCS have requested that these agencies contact you in order to investigate the allegations. Finally, the CIF and the CIF-CCS strongly urge you to contact these agencies immediately to report the information you claim to have regarding child abuse.

Diane Marshall-Freeman

CIF General Counsel

Funny how the CIF- CCS hasn’t been very concerned about any issues CCS Watchdog has tried to raise since October 2011. In fact in October 2011 Ms. Freeman sent an email to explain the CIF-CCS would  not communicate with CCS Watchdog.

Ms. Freeman’s comments are  inaccurate, CCS Watchdog has  requested information from CIF-CCS on multiple occasions and CIF and CCS have obstructed our requests  or refused to respond to our repeated requests for comments on information  before we POST. Both CIF and CCS officials  have failed to answer:

  1. How families can bring forward complaints of any type of abuse and ensure privacy and that  complaints will be properly addressed.
  2. How CIF-CCS provide for conflicts of interest in the Section and if such conflicts have been properly reported and managed.
  3. Polices and procedures for training and communication to ensure that all persons involved in the CIF- CCS understand their obligation to report all types of abuse.
  4. Training or communication that demonstrates CIF and CCS governance demonstrates proper expertise  and ability to manage financial and legal obligations ( including potential conflicts of interest with their own legal counsel) that potentially serve to expose member schools to significant financial risk and expense.

Still  CCS Watchdog remained puzzled as to why CIF-CCS would fail to address very specific questions and why they refuse to  provided information as obligated under the California  Public Records Act and the Brown Act.

Then CCS Watchdog realized the law firm retained by CIF may present the greatest conflict of interest of all. The CIF law firm is reported to be Fagen, Friedman and Fulfrost. The same law firm was reported by the Santa Clara County Grand Jury Report in 2008-09 to also represent : San Jose, Fremont, Gilroy , Lakeside , Los Altos  and Los Gatos school districts which are all member schools of the CIF. Why is the CIF law firm now aggressively coming after CCS Watchdog instead of addressing gaps and flaws in the organization as it is legally and ethically obligated ? Maybe CCS Watchdog hit a nerve!

We welcome contact with the Santa Clara County DA office and Kamala Harris’ office. Those offices would likely have an  interest  in how Fagen, Friedman and Fulfrost went from $400,000 per year  in billing to over $1.9 million in billing a year later while at the same time colleting millions of dollars from member schools during the worst economic crisis our state has ever experienced.

The link to the Grand Jury Report is :

http://www.scscourt.org/court_divisions/civil/cgj/2009/EducationDollars.pdf

All information published on this blog can be supported by objective documentation or testimony.

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About ccswatchdog
Grassroots organization providing information to ensure fairness, transparency and accountability of CIF's Central Coast Section.

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