Earlier today, Coastside Youth Association (CYA) President and SF attorney Charles Custer sent a rather vicious email to some 64 CYA parents, and he included some private correspondence between him and me. I’d like to share my response with those who may have seen his letter, but not seen my reply to these parents:

Hello,

I am writing to all of you, who I presume are all CYA parents, and who were sent an email today from Charles Custer that, among other things, included an email that I had sent privately to him.

It seems to me that the poison-pen campaign against Pam Fisher is pretty personal, and not about the future of the school district as an educational institution. Personally, this is very disappointing. And I would hope that youth sports leaders and attorneys would not write such wild things.

I’m a big believer in the value of sports for both adults and children. I learned to skate and play ice hockey 18 years ago, and I coached a team of “squirts” (ages 10 and 11) for two years in Pasadena just prior to moving to Half Moon Bay in 1992. As an adult, playing team sports has greatly enriched my life, and I wish I had done so as a child, too.

I seriously doubt that anyone is going to extinguish youth sports here on the coast, and I would oppose anyone who does. I’ve met Ms. Fisher, and I don’t see any cause for concern on this topic. It is unfortunate that there were problems between the district and the neighbors at the high school, but as far as I can see, her very clear purpose here is to improve the district educationally. Individual school board members can contribute in many ways, but no single board member could possibly set such a policy in any case, and several layers of personnel sit between the board and the ballfields, too.

Mr. Custer suggests that my interest in the school district is based on an interest in land use issues. In fact, I am a chess master, a National Merit Scholar, and the son of parents who were also involved in PTA when I was young.

I am concerned that the same voters here on the Coastside who gave a 75% YES vote (including me) to the $35 million school bond in 1996 have not been supporting the school board in recent years. School board members from Ken Jones and Marina Stariha to Jolanda Schreuers and Dwight Wilson have failed to call forth 67% support for parcel taxes five times in a row since embroiling the school district in controversial non-educational issues after the 1996 bond was approved.

So when we see newspapers such as the HMB Review and the San Mateo County Times, as well as Coastsider.com, endorsing Pam Fisher, it affirms my own opinion that she is well-qualified to serve on the school board, and that the interests of education would be well-served by electing her.

Thank you for taking time to read this.

Sincerely,

Hal Bogner

FYI,

CUSD Board President Jolanda Schreuers and Former CUSD Board President Dwight Wilson, as part of their planning for the parcel tax, Measure S, commissioned the following survey between September 20–22, 2005:

Phone Survey of Cabrillo Unified School District (CA) voters

http://cusd.info/cusdsurvey.pdf

Please note questions 14, 15 and 18 for rating items: Excellent Good   Only fair   Poor

14 The Governing Board of the Cabrillo Unified School District: Excellent 2%,  Good 22%
15. The District’s financial management; Excellent 3% Good 16%
18. The District’s management of bond funds; Excellent 2% Good 14%

Should we be surprised that they have worked on the 5 unsuccessful parcel tax measures?

Or that the CUSD Enrolment droped 6.7% in just the past year—That is called the “Tipping Point”!

CUSD is paid by the state based on enrollment. The Board’s actions translate to the loss of teacher jobs.
Total Enrolment is down by 601 students during the past eight years = around 24 teachers gone!

“Stay the Course?” Or “Change The Course!”
Ken Johnson

Here is Mr. Bogner’s earlier (very threatening) email to Mr. Custer:

From: Hal Bogner [mailto:[email protected]]

Sent: Tuesday, October 24, 2006 12:47 PM

To: Charles Custer

Subject: re: Please Don’t Take a Chance with our Kids Future…

Dear Mr. Custer,

I am interested to know whether you can explain the basis for your statement published on hmbreview.com regarding Pam Fisher stating “that Ms.

Fisher sued the District for which she now seeks office not once but twice”

... “costing not tens but HUNDREDS of thousands of dollars in legal fees and other consideration”.

These are serious charges, and coming from an attorney, I expect that you can show me the validity of these assertions, including the real costs.

I am certain that the numerous managing partners of your firm’s numerous offices count upon their partners to be honest and truthful, and not to engage in slander or libel, and not to defame people. Your statements seem quite over-the-top, and in my opinion, they reflect poorly on not just yourself, but on your firm and on the local Pop Warner program which you serve as president.

Our coastside community deserves calm, rational debate, and depoliticization of the schools and other services. I am personally attempting to be a voice for rationality, good governance, and good planning, and I am willing to speak up and call attention to those who egregiously oppose such things. If you wish to persuade me that Pam Fisher is not going to be an asset to local schools, you’ll need to make your case without hysterics, and without defamation. At this point, I must be convinced by you that you have not defamed her.

As someone who believes in both education and in the value of sports (I have been a youth sports coach myself, and I provide educational services to children), I look forward to your explanation, and I hope I find it persuasive. If I do not hear from you, please expect me to make this a public issue, and bring it to the attention of those in your firm who have responsibility to maintain its reputation.

Sincerely,

Hal M. Bogner

Half Moon Bay

Mr. Ginna,

I find it interesting that you find my private email to Mr. Custer to be very threatening.  Also, please note that Mr. Custer’s email yesterday to the CYA parents (and I presume that you are one of them?) was sent on his law firm’s electronic stationary, and included a notice prohibiting “review, use, dissemination, distribution, downloading, or copying this communication” - and my private email to Mr. Custer was included by him, not by me.

That being said, I stand behind my statements decrying what amounts to practice of what is often called “the politics of personal destruction”, and my offer to “play the game” to the extent of pointing out to the communities in which Mr. Custer stands that he is using his position in those communities in tandem with his hysterical outburst.

I imagine that you will soon be obtaining and posting my most recent private email to Mr. Custer, as well.

Hal Bogner

How could someone not find this treatening?

“If I do not hear from you, please expect me to make this a public issue, and bring it to the attention of those in your firm who have responsibility to maintain its reputation.”

Nice try at taking the statement out of context.  here is the whole blurb:

“If you are not the intended recipient of this communication, you are hereby notified that any unauthorized review, use, dissemination, distribution, downloading, or copying of this communication is strictly prohibited.”

I was/am an intended recipient.

This letter to CYA parents is taking kids’ sports into the political arena. If not a violation of CYA’s rules, it’s a gross intrusion into a something that is clearly supposed to be untainted by politics.

I like politics, but I’m also a parent of three kids who have played CYA sports for years, and I can distinguish one activity from another. This letter should not have happened and should not be allowed to happen again.

-Jack McCarthy

“If not a violation of CYA’s rules, it’s a gross intrusion into a something that is clearly supposed to be untainted by politics.  This letter should not have happened and should not be allowed to happen again.”

Of course, you are entitled to your opinion (and you certainly seem to take it into account it in your actions as a supposedly unbiased Planning Commissioner), however, Ms. Fisher has clearly threatened the ability of all Coastside youth to have access to various sports leagues by attempting to limit field improvements and access for those leagues, issues that are very critical to the CYA.

Why is it that you did not voice this opinion when Mr. Custer first wrote his Letter to the Editor of the Review more than two weeks ago?  It is very clear that you are now simply trying to discredit Mr. Custer and his actions.  Her actions speak for themselves and are counter to the efforts of dedicated CYA volunteers (you did not mention whether or not you volunteered).

Just to be clear what the issue is here - whether an officer of the CYA can use the organization’s mailing list to publicize his political point of view. I say he can not and that such actions pollute the purpose of the organization and may violate its rules.

Jack McCarthy

I know the issue, and you are attempting to frame it in a certain way to, again, meet your opinion.

“...may violate its rules.”

How about you substatiate that comment and then we can resume?  Otherwise, it is nothing more than dangerous speculation.

Is CYA a 501c3?  What are the restrictions on political organizing by 501c3’s? Does this threaten their tax-exempt status? Isn’t that the whole rationale for separating CCF and PCF?

I have no idea, but I bet someone here might.

Ah, Mr. Ginna, you finally reveal yourself - a little league dad who has gone over the edge into paranoia.  At least now I understand what you might be afraid of: someone taking away the opportunities for your children to play.  Please be reassured that the only risk to local ball fields is at Wavecrest, where (as I understand it) the fields are not contractually committed to remain available for public use indefinitely.  No single school board member could possibly pose the threat you seem to fear.

Hal Bogner

First, I would like to thank Barry Parr for being responsive and creating this forum. Next, I would like to address a few of the prior comments on this thread.
I became involved in this issue is because, when I learned that the Review was endorsing Ms. Fisher, I was shocked and surprised that anyone who had taken the time to speak with her would consider her a serious candidate for the School Board. My experience is that she does not listen to the people to whom she speaking but rather only cares to be heard. As I had information relevant to the endorsement, I have tried to provide facts based upon events I have witnessed and documents I reviewed.
In response, Mr. Bogner threatened me as is apparent in his e-mail that Brian Ginna has published. I responded to Mr. Bogner answering each of his questions and asking him to disclose his agenda. He failed to respond to me until today. He continues to allege that I might be “defaming” Ms. Fisher and that I wrote a “rather vicious email.” Interestngly, he does not report to you what was “defamatory” or “vicious.” He also claims that I am making this personal. He is wrong on all accounts. My e-mails are consistent with my letter to the HMB Review editor and have reported my observations and verifiable facts. Instead of responding to those facts and issues, he attacks and attempts to intimidate. Mr. Bogner should only be taken seriously should he disclose his personal agenda and address the issues and facts rather than attempt to discredit, threaten and attack.
Mr. Bogner complains that Brian Ginna and I have made his “private” e-mail to me public. This is an odd position in light of his threat in his e-mail to me (“please expect me to make this a public issue, and bring it to the attention of those in your firm who have responsibility to maintain its reputation…”). With regard to his reference to my firm, I had no idea that the lawfirm information attaches to the bottom of the e-mail. It doesn’t show up on the window I send. I checked with my IT department and am told there is no way to remove the disclaimer. In any event, my comments are my personal observations not those of my firm.

With regard to Mr. McCarthy’s comments, I ask what his agenda is as well. My e-mail was intended to provide people I assume would be interested with facts and verifiable information about this candidate. I note Mr. McCarthy doesn’t address those facts any more than Mr. Bogner did.

Ms. Fisher sued the District twice. She is responsible in large measure for over $350,000 spent in uneccessary legal fees that otherwise would have been available to the District. She has complained about the kids playing and making noise at the school since the day she first moved here 3 years ago. She has no apparent connection to the Coastside, no kids in the schools and has not volunteered or otherwise involved herself in our community. These are facts, not attacks.

Mr. Bogner,

Since you appear to again be misinformed and worried about my involvement, I will put your chess master mind at ease.

I am more than a “little league dad.”  I am a roller hockey and t-ball coach as well as hockey and CYA Board Member.  My oldest son is not old enough to play hockey yet and has played one season of T-Ball (along with 1 1/2 seasons of soccer), so my past years of involvement (ask someone who was involved and they will tell you) is mainly based on a commitment to youth leagues in general, not a selfish view that you want to believe.

Due mainly to efforts of many obstructionist politically-motivated hacks, ballfields and other recreational areas are sorely missing from the Coastside.  The private/public partnerships that you see these days are the only way to rectify that situation.  You seem uninterested, so we can end it at that.

Regarding Mr. Custer’s most recent response:

I am not interested in debating the merits of the issues concerning school board candidates. I simply want him to keep his own political interests away from the CYA because its a kids sports organization and not a political action committee. He should not be using the organization’s mailing list to publicize his political point of view. I am active in politics, yes. But for crying out loud, can’t we have one organization on the Coast that’s not infected with politics?

If his organization has 501c3 status, he should not be using it for politics. The IRS says on its Website (http://www.irs.gov/newsroom/article/0,,id=161131,00.html):

“Currently, the law prohibits political campaign activity by charities and churches by defining a 501(c)(3) organization as one ‘which does not participate in, or intervene in (including the publishing or distributing of statements), any political campaign on behalf of (or in opposition to) any candidate for public office.’”

We need more involved parents like Brian Ginna who volunteer their time without complaint to help the kids on the Coastside.

Mr. Custer,

You conflate “verifiable facts” with your own conclusions. For example, you conclude that nearly all fault for the unfortunate flap between the neighbors and the district is Ms. Fisher’s, and that little or none belongs to the district or any other individual. You ignore that the school district did violate proper process, and was eventually forced - by the neighbors asking a judge to rule - to deal in good faith and in at least some degree of after-the-fact conformity with the rules.

You are an attorney, sworn to uphold the law, and you decry as illegitimate that the neighbors asked a judge to rule on a matter of law. That is counter your profession.

You are an attorney, practicing law as a partner in a firm, and you pretend not to know that you sent your letter out on your company’s account, and that you do not know what correspondence sent by you on your company’s account says. That is fatuous.

And you write a letter intended to influence an election, and pretend that it is not political. You write it as president of an organization, yet you claim not to realize that you represented it when you did so. That is disingenuous.

Twist words as you will, the above seems quite conclusive: you are either not smart, or not honest. I trust that you represent your firm’s paying clients better than you have represented yourself in this instance.

Mr. McCarthy, you continue to avoid the issue.  First, my e-mail wasn’t using the CYA for my “own political interests” but rather to provide facts to people who might be interested.  I have yet to receive a single complaint from the peole who received these facts.  Indeed, I have received several thank yous for providing the information.  It is you who are avoiding the true issue here: Ms. Fisher’s verifiable history on the Coastside that is directly at odds with our children’s interest.

Mr. Bogner
You can’t hide from the truth by your continued attacks.  I was present before the lawsuit was filed when the donor’s representative offered to mediate the dispute and accommodate the home owners.  When a lawsuit was threatened I strongly urged the group to resolve their issues without legal action in order to avoid significant legal fees.  Ms. Fisher still filed her suit.  You wrote me asking for support for my statements (in a completely unprofessional and intimidating manner).  I gave them to you, cited the lawsuits and detailed the legal fees.  I also asked you to respond with your agenda.  You did not.  These are facts.  There are witnesses.  Your continued lawyer bashing, threats and personal attacks are simply pathetic.

Mr. Ginna,

Your involvement in supporting youth sports is admirable. I cannot tell from what you wrote whether it goes beyond involvement on your own children’s behalf, but as long as it is given with no strings attached, I applaud it.

Your screed about obstruction of ball fields here on the coast is just plain weird. Half Moon Bay was incorporated in 1959. I understand that for many years it was supposedly run “lock, stock and barrel” by the folks who are now being obstructed by recently arrived powermongers of various stripes. from NIMBY’s to eco-terrorists, to mere “roll up the highway behind me, now that I made it in” sorts.

How many ball fields does the City of Half Moon Bay OWN from the decades before growth became an issue here?

How many ball fields are the PERMANENT legacy of, say, Dolores Mullins, or of Naomi Patridge?

I think that the issue has been framed by folks who want to create conflict, and that the obstructionist label you offer is a false issue.

Mr. Custer:

You take the CYA mailing list. You write to the kids’ parents, introducing yourself in the first sentence as CYA President. You tell the parents that the CYA is a nonprofit sports organization, and then you launch a political attack on a school board candidate just as the IRS says 501c3 organizations are banned from doing. Who are you kidding? If this isn’t using the CYA for a politcal purpose, I don’t know what is.

Well, I think that everyone has managed to express whatever points they have, and the readers must judge for themselves.

Personally, the spectacle of what must be a small subset of “sports parent/fanatics” looks to me like nothing different from the scene at the end of Frankenstein, as the ignorant townsfolk swarm the castle and set it ablaze.

No one is out to eliminate local sports. Let it rest, fellas. And whatever the election results, lets find ways to create a more civil environment for discourse, and to find common ground going forward, and not to let the interests of the town - adults and children alike - be subordinated to the kinds of hateful passions and control-oriented behaviors that have manifested themselves for so long whenever some group around here thinks their interests are at stake.

Mr. McCarthy, I guess you just refuse to address the issue.

Mr. Bogner
You aren’t getting off this easy attempting to take the high road after refering to concerned parents as “a small subset of ‘sports parents/fanatics’” and wirting to me claiming my factual statements were defamatory and threatening to contact my law partners.  You are the only person who has expressed “hateful passions” and created an “uncivil” environment, apparently thinking you can bully and intimidate.  I wish I had followed my instinct and ignored your initial threating e-mail.  I can assure you, you will be ignored from this point forward.

One final remark to Mr. McCarthy and Mr. Bogner.  This is the latest response I received from a parent who received my e-mail to the CYA community:

“Hey Chuck - great email!  This was very interesting because I had no idea that this woman was the same woman that came ranting and raving at football practice last year.  I was there when she did that in fact.  If you ever find yourself needing a witness on that issue, let me know.  I would be more than happy to help.  Again - thanks for the email - very good information.”

I would like to comment on this subject.  I have 3 kids in Cabrillo School District, I pay what I consider unbelievable amounts of taxes, and I am vaguely aquainted with Mr. Custer.  I am a mechanic for an airline, I work for a living, I’m not rich, I’m not running for office for anything, don’t have any undeveloped land, no relatives in the city, county, state or federal government, and most of all I don’t pretend to have answers to all the problems that are ever present.  I do pay taxes, and I do vote.  Before I vote, I make a half hearted attempt to get information, on both sides of whatever the question is.  In regards to Ms. Fischers run for the Cabrillo School Board, I have read both the Review and the Coastsider.
    For what it is worth, I voted against Ms. Fischer.  I did so because based on the information I read, I came to the conclusion that ireguardless of her experience in the educational field, her motives for running were based on an ulterior motive; ie: Ms. Fischer does not want a highschool next to her home.  I can understand her concerns about noise, lights, possible vandalism, burglary, etc..  But I cannot understand why she would buy a house next to a highschool and expect anything else.  And after reading all the comments alleging Ms. Fischer participating or supporting fake parking tickets, taking pictures of kids at practice, suing the school district, verbally warning kids or parents not to tresspass, and then running for a seat on the school board, no matter what her qualifications, what is her motive?  If you buy a house next to an airport, would you be surprised if there is noise from aircraft?  Would you sue to close the airport?  Would you then run for the position for the city, county state whatever, in order to close the airport?
    I am aquainted with Mr. Custer, though I do not know him personally.  I happen to agree with his opinion concerning Ms. Fischer.  I do not know if he abused his position as president of a youth sports orginazation by sending emails to people on the list.  But I would venture to say even if he did it is no worse than what Ms. Fischer has done by harrassing kids and parents trying to participate in school sports because they are near her house, and then running for a position on the school board, to do what?
    Though I may not be fond of lawyers, Mr. Custer cares about his kid, and also other kids.  He is doing more than me, by giving his time to an orginization whose primary purpose is to help kids.  In my opinion, he is doing more than Ms. Fischer or the entire school board.  Talk is cheap.  Mr. Custer is actually doing something.  I admire that.
                  Tom Moore

Since there are some of the financial and legal people concerned with the sports complex project at the High School on this thread, a question:

Who has committed to paying the on going and future maintenance costs and under what date and title are the documents filed, so that I may obtain a copy?

I am certain no responsible person, nor organization, nor governing body would leave the ongoing and future maintenance payments to be diverted from sorely need academic programs.

I did review the document(s) governing the delegated authority by the CUSD board; but I found no future encumbrance authority.

I do have a series of questions regarding the 501c3 organization’s ‘use’; but that may wait till a different venue.

Ken Johnson