Monday, June 16, 2008

Today's Tomorrow's Consent Calendar

Item D-7 and D-8
District Attorney
7. Amendment of Lease at 712 Fourth Street for the Victim Witness Office (State Grant Funds).
RECOMMENDATION: That the Board of Supervisors approve and authorize the chairperson to execute the Second Amendment to Lease for property at 712 Fourth Street; Direct the Clerk of the Board to return one executed amendment to Real Property for transmittal to Lessor.

8. Grant Application for Vertical Prosecution Block Program - FY 2008-09, State of California, Office of Emergency Services, in the amount of $146,981 (State OES Funds - VPBP)
RECOMMENDATION: That the Board of Supervisors 1) allow the District Attorney to submit application; and 2) authorize the Chair to execute continuation application for Vertical Prosecution funding, Grant Award Face Sheet (OES A301) and Certificate of Assurance of Compliance. (No impact to the General Fund).
***

At least he is applying for it. But, does he really have a "Vertical Child Abuse Prosecutor?" And if so, who is it? He claims Maggie Fleming has been the designee since 1994.

So-o-o-o, what happened to Jeffrey "You'Go'Free.com: Schwartz? The One who got a BIG FAT RAISEbecause he had assumed that position?

Sources say - There was no 'Vertical Prosecutor" until October of 1996. there were people assigned to the unit, it was shared by Felony Prosecutors like Rob Wade, Allison Jackson and Maggie Flemming back then, but everyone in the office shared in the duties.
Between October of 96 and February 97 Jeannie Tunnison-Campbell became the Vertical Prosecutor.
Then it was Allison Jackson and Peter Martin.
Then Peter Martin left and it was Allison Jackson and Andrew Isaac.
Then Gallegos fired Allison Jackson and it was Andrew Isaac, alone.
Then Gallegos threw Maggie Flemming into that position.
Then he handed it over to "Yougofree.com" - who as far as anyone can tell never took a case to trial.
Now apparently, he has put newcomer Kelly Neel into that position, within a year of when she was hired.

What is a "Vertical Prosecutor" you ask? It is simply, one prosecutor assigned to see the case all the way through, from start to finish, so it isn't handed off from one person to another, so they don't have to start from scratch and wing it through a prosecution. It is supposed to provide for a higher grade of prosecution, it gives the victims one person to have to deal with, to learn to trust, and to count on to know the ins and outs of the case.

It is important enough that grants are provided to ensure that that person has adequate time to prepare and concentrate on that case, it is supposed to eliminate or lighten the other cases they are assigned to. That means they are NOT assigned to other cases such as Asset Forfeiture, Murders, Drug cases, or 'buckets' the random assignments necessitated by low staffing.

The DA's Office gets grants to provide for Vertical Domestic Violence Prosecutors and Vertical Child Abuse Prosecutors. When Gallegos signs his name to these grant applications he is saying that he has a qualified dedicated person assigned to these positions. And the CAST stats and records of cases taken to trail should match up.

Read the Grant App - And look at those numbers! WOW! They don't add up, however. Not to the numbers that have already been released, (things like the number of referrals, interviews and cases filed - without the CAST stats it is impossible to gauge the accuracy of this application) - and not to the numbers Gallegos himself has stated on the record (things like the number of cases each prosecutor is carrying as a load, is assigned to each year.) For example he says here that the average caseload for a non-vertical prosecutor in 2007 was 85 per felony attorney.... Yet Gallegos has told the media that the prosecutors handle some 550 cases a year. And that was BEFORE he "lost" a bunch more prosecutors.

What is the penalty to the County if Gallegos isn't giving accurate information on his grant apps, especially with regards to the names and actuality of the Vertical Prosecutors, of a Vertical Prosecution Program, both in this and the Domestic Violence Program grants? Does the County have to pay back the funds?

And does anyone care?

PUBLIC RECORDS ACT REQUEST re: CAST

accepting bribes in exchange for dismissing criminal charges

Caribou prosecutor charged
SODA SPRINGS - Attorney General Lawrence Wasden's office announced Caribou County Prosecutor Criss James has been charged for allegedly accepting bribes in exchange for dismissing criminal charges.

James was charged Monday with 11 felony counts of misuse of public funds. According to a Tuesday press release, the complaint alleges that between March 25, 2006 and July 2, 2007, James accepted 15 checks from defendants in exchange for dismissing charges against them....

Friday, June 13, 2008

Who paid?

Remember Bob Martel, who said his suit against Palco cost him $250,000 and took five years of research?

When he lost, The 5th Circuit Court of Appeals ordered him to pay the company legal fees of more than $110,000. And he said he hadn't earned "more than six thousand dollars in a year in recent memory"

And you wonder - who paid those bills? Who paid the $250,000 that he couldn't possibly have afforded? Plus the more than $110,000. Has he been making monthly payments all this time?

Well, here's another one - This June 4, 1993 article in the New York Times says that Bill Bertain who spends most of his time and much of his money on the legal battle with Mr. Hurwitz was "more than a half-million dollars in debt. At times he has been unable to meet his house payments, and his health has deterioriated."

Bill, did you have to absorb those costs yourself? Or was there help and support? And if so from whom? From what entity(ies)?

That was 1993. How much longer did that battle go on, and what was the total cost? Again, how did you pay for it? I mean it's fair to say that it could have gone on for another 10 years, up until Gallegos took over.

How many lawsuits were there? Yours. Martel's. EPIC's, I've heard tell of some smaller ones with some interesting connections. Hundreds? Thousands? And who paid?

When the history of what happened here is told, will these questions be answered?

DA a NO SHOW at the Code Enforcement Meeting

Developing.

Thursday, June 12, 2008

Right to the point

Last Monday, June 2nd, Senator Harry Reid (D Nevada) assured us: "It's clear that "global warming is real" and Congress must act." Wow! Senator Reid has always appeared to this writer to be a profound thinker with astonishing intellectual and logic gifts, (irony alert) but the preceding statement is so profound as to boggle the mind. What next may we expect; "Tectonic movement and continental drift are real and Congress must act."? Read the rest at Fighting In The Shade

Wednesday, June 11, 2008

Steve "the laws don't apply to me" Schectman is back in the news.

Teaching his kid how to behave. SO impressive.
Parents say suspension of Arcata students not appropriate

After five Arcata High School football team members were suspended during finals week for throwing rocks at a car, their parents and classmates are saying that the school administration did not handle the situation appropriately.

”We give our kids to the teachers to educate and guard them, to ensure they are in a safe environment. They abused that,” said Steven Schectman, the lawyer who is representing the students and their parents.


And that has to do with your kid being disciplined - how?

You gotta love the comments section of the TS on this one, though. For once, there's agreement. Pretty much along these lines - Jeff E says: "The football team got what they deserved, that is for sure.

But look at the terrible lesson the parents of those hoodlums are teaching their kids. Get punished for wrong doing ? You don't have to take it like a man, get a lawyer, threaten to sue & cry to the media. The rules don't apply to you.

Schectman should get the award for the "Worst Father of the Year".


Schectman is right about one thing - “Our next step is to try to make the community aware of this.” Damn straight.

History: Eye - Schectman downplays past legal problems

"If you get it by hook or by crook, you get a pass," Schectman said. Schectman, 2005

Tuesday, June 10, 2008

The HuHu!

Humboldt all huhu over write-in question
The Hawaiian pidgin language is full of descriptive words, such as “huhu,” which describes a state of agitated anger.

The North Coast blogs have been all huhu since before the supervisor elections over the campaign's hot-button issue: Johanna Rodoni's shadow candidacy for 2nd District county supervisor.


When the TS reported that it was “possible” Johanna could be a November write-in it was enough to throw gas on the flaming huhu. How could the “Substandard” be so stupid? Don't they know the law? A write-in by Johanna Rodoni? What outrageous incompetence to suggest anything of the kind. Sub-sub-sub!”

That's why online political opinion gives you the most for your entertainment dollar -- or even more, since it costs nothing


TS County: Rodoni can be write-in
The TS is vindicated.
TS Nothing appears to prevent Johanna Rodoni as write-in

The HuHu: County elections department says Johanna can file for a write-in candidacy - but the law probably says otherwise
OH GOD, Eric, you're not taking leads from "Jane Doe!"
In my opinion, Johanna cannot run in November
BLIND ITEM
Johanna can run in November

CALIFORNIA ELECTIONS CODE
ELECTIONS CODE
SECTION 8600-8605

ELECTIONS CODE SECTION 8140-8150
What Eric's looking at:
Bradley v Perrodin, (2003)
Edelstein v. City and County of San Francisco (2002)

Follow-up - an excellent piece on the late editor Rich Somerville and The Hu Hu: The end of Somervillization as we know it

There's this place called San Francisco...

ever been there, Aldaron? Houses. On hillsides. LOTS of 'em.

In Arcata's General Plan, there is a standard that one cannot build on a slope of more than 15 percent. “The hillside development standards were adopted to protect the public from development occurring on steep slopes. That’s why they are in the Public Safety Element,” Laird said.

That's not in the City of Arcata’s zoning ordinances, which is at odds with the City's General Plan, as well as the County, which provides for exceptions for building on slopes of more than 15 percent, there’s just extra engineering work that is involved. In the Arcata General Plan, there is no exception.

So these two "developers," Envisioning a green future, did their research, and worked out a plan to complete their dream to build a small community on the property they bought for this purpose. Now they are paying the price for the fact that the City of Arcata has never melded their General Plan and their Zoning Ordinances?

Laird said it’s not the first time the city has run into conflicts with the outdated zoning ordinances and the general plan, and the precedent set by those conflicts has been that the general plan overrides the zoning ordinances.

Not the first time? Then why hasn't it been fixed?

Incidentally, there’s a state law that may override the Arcata General Plan, the Density Bonus Law. Winkler said. “The point of the state law is to prevent cities from using standards to keep higher densities out,” he said. “The state has decided it’s more important to make more affordable housing available.”

Ah, yes. Infill to the rescue. The irony of it all.

Michael Winkler, the chairperson of the Arcata Planning Commission, said getting a professional to look at all the regulations before starting a project will help prevent making expensive mistakes.

Maybe. And that is part of what forces costs up. Pretty cavalier attitude. Seems like getting your various policies into compliance with one another would be a very high priority.

But welcome to Arcata, where you can ignore all the laws, zoning and building codes you want if you are growing pot, but try to do something right and you are screwed.

That's my read, what's yours?

Monday, June 09, 2008

Tuesday's BOS meeting w/UPDATE

District Attorney
7. Extension of Extra Help Hours Past the 960 Hour Limit.
d. RECOMMENDATION: That the Board of Supervisors approves the extension of extra help hours for Jessica Watson, Office Assistant I, pursuant to section 7 of Humboldt County Resolution, effective immediately to 1960 hour.
No impact on the General Fund.
The DA wants the Board to approve the extension of extra help hours for an Office Assistant who "provides office assistance to both (the DA's) staff and the general public in a critical position (Receptionist). This position handles all telephone traffic and direct contact with the public. (The DA's Office) and the general public cannot be serviced without this position especially while this department has TWO OFFICE ASSISTANT UNFILLED VACANCIES.
8. District Attorney Victim Witness Assistance Program Grant Application for FY 2008-09 (State General Funds - State Office of Emergency Services Funds).

RECOMMENDATION: That the Board of Supervisors authorizes the Chair to execute the original Grant Proposal/Award Face Sheet and Certificate of Assurance of Compliance. There will be no County General Fund Impact.
The grant app

Does this mean the DA is actually going to step foot in the Supervisor's Chambers? Make an appearance? It's almost a first.

Haven't we seen this one before?
Personnel
15. Adoption of Senior Deputy County Counsel Classification.
RECOMMENDATION: That the Board of Supervisors:
1) Adopts the class of Senior Deputy County Counsel (salary range 504, class 0598, unit 8) into the classification plan;
2) Approves the revised salary range for Assistant County Counsel (from range 508 to salary range 530, class 0603); and
3) Approves the allocation of one full-time Senior Deputy County Counsel (salary range 504, class 0598) in budget unit 121, effective the beginning of the bi-weekly pay period following approval; and
4) Approves the disallocation of one Deputy County Counsel I-IV (salary range 489, class 0600) effective on the date the Senior Deputy County Counsel position is filled.
The impact to the General Fund for this incremental cost increase for
Fiscal Year 2007-08 is approximately $1,958 for Senior Deputy County Counsel and $3,214 for Assistant County Counsel.
For Fiscal Year 2008-09 the annual cost increase for (newly created?) Senior Deputy County Counsel is approximately $12, 727 and $20, 889 for Assistant County Counsel.
The item

Fascinating. Isn't this a new position that does nothing new? And with so much of the County's legal work farmed out, what are we really talking about here?

UPDATE: The County Counsel item was apparently pulled entirely, not just pulled out for discussion. This makes the SECOND TIME this item has been pulled.

Sunday, June 08, 2008

Interesting reading

Killer's Civil Rights Not Violated, Panel Says
LAKELAND | Angilo Freeland's civil rights weren't violated, the Department of Justice has concluded, 20 months after the fugitive died in a 68-bullet barrage fired by law enforcement officers tracking the man sought in the killing of Polk sheriff's Deputy Matt Williams.

Freeland, 27, was killed Sept. 28, 2006, during the biggest manhunt in Polk County history....


Police Find Freeland's Journals and Weapons
Read Angilo Freeland's Journal

Arcata makes the New York Times

Marijuana Hotbed Retreats on Medicinal Use
...Under the 1996 law, known as Proposition 215, patients need a prescription to acquire medicinal marijuana, but the law gave little guidance as to how people were to acquire it. That gave rise to some patients with marijuana prescriptions growing their own in limited quantities, the opening of clubs to make it available and growers going large scale to keep those outlets supplied.

In turn, that led to the kind of worries that have bubbled up in Arcata, home of Humboldt State University, where town elders say roughly one in five homes are “indoor grows,” with rooms or even entire structures converted into marijuana greenhouses.

That shift in cultivation, caused in part by record-breaking seizures by drug agents of plants grown outdoors, has been blamed for a housing shortage for Humboldt students, residential fires and the powerful — and distracting — smell of the plant in some neighborhoods during harvest.

“I naïvely thought it was a skunk,” said Jeff Knapp, an Arcata resident who has a neighbor who is a grower...

For some, growing has become a second career. In Arcata, a 29-year-old man, who asked that his name not to be used for fear of arrest, said that he earned about $25,000 every three months from selling marijuana grown in a back room to club owners from Southern California.

But others in Arcata are less welcoming. Kevin L. Hoover, the editor of the local newspaper, The Eye, has made a practice of confronting people he believes are growing marijuana. Their houses are easy to spot, he said — covered windows, tall fences, cars coming and going late at night. “Sometimes the whine of fans,” he said.

Those fans, of course, are eating electrical power, something that also irks many....


Made FOX, too.

Last week it was the LA Times. Marijuana 'grow houses' are creating problems in Arcata, Calif.

This AIN'T the kind of publicity Gallegos' Lead Campaign Consultant Michael Shellenberger was able to get for the pot growers. THIS is the backlash.

And by the way, Kevin is paying a price for speaking up, from what I hear. So, let your voice be heard if you support what he is doing. I do.

Wednesday, June 04, 2008

Election Results

BOARD OF SUPERVISORS FIRST DISTRICT
Total
Number of Precincts....23
Precincts Reporting.....23 100.0 %
Total Votes....5148
JOHN M. VEVODA....1451....28.19%
JIMMY SMITH....3691....71.70%
Write-in Votes....6....0.12%

BOARD OF SUPERVISORS SECOND DISTRICT
Total
Number of Precincts....27
Precincts Reporting....27....100.0 %
Total Votes....6629
CLIF CLENDENEN....2417....36.46%
ROGER RODONI....2433....36.70%
ESTELLE FENNELL.....1773....26.75%
Write-in Votes....6....0.09%

BOARD OF SUPERVISORS THIRD DISTRICT
Total
Number of Precincts....28
Precincts Reporting....28....100.0 %
Total Votes....4662
BRYAN PLUMLEY....1600....34.32%
PAUL PITINO.....595....12.76%
MARK LOVELACE....2454....52.64%
Write-in Votes....13....0.28%

TS Final update: Smith wins in landslide, 2nd District still too close to call, 3rd District to Lovelace, Measure C passes
ER Jimmy Smith wins 1st District with plenty of breathing room
ER Lovelace wins Third District
JNLiveblogging the Election
TS Landslide by Smith in 1st District
TS Lovelace takes it all in 3rd
TS 2nd District runoff set
TS Nothing appears to prevent Johanna Rodoni as write-in

Tuesday, June 03, 2008

Remember to vote.

And then, check out The Fabulous Ruins of Detroit Click on the TOUR button and follow the links. Amazing. Jack, especially, I think you will like this one. h/t: KT I Think I'll Move to Detroit
...because the homes are so cheap. Dig this:
The average home sale price in Detroit is...