Category Archives: Legal

The PD Mess

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It’s always distressing when the County administrators can’t accomplish a simple function. Like hiring staff.  Every time they blow it, they cost you and me money since someone always sues.

I am not familiar with the Public Defender’s office in this County but I worked for years in HR and labor relations for the State and Federal governments. The current controversy re: the newly hired PD is a question:  does he actually qualify for the position?  From what I understand, he has multiple years of qualifying  experience  in other counties but has been out of the field  for the past couple of years. Does the law actually require him to have the qualifying experience immediately before his hire? If so, he would be knocked out of contention because of his recent past working in Florida.  Nine of his subordinates have complained to the BOS and one attorney has filed a suit alleging he does not qualify.  The Times-Standard carried a good summary by Manny Araujo on March 29.

I don’t know if there is case law on this point but in the Federal arena, specs like that are carefully defined. Generally, if you have qualified for a position, that’s it. You don’t have to go back and prove yourself again.  If it were otherwise, employees would be reluctant to change jobs, which is unhealthy in any organization.

However, “in all the circumstances”  including the fact that none of us know what the politics were behind this hire,  and that nine of the deputies have basically cast a “no confidence” vote re: the Supervisors’  selection.  I’m inclined  to think the whole process should be done over.  

What a mess.

END

Check This Out! In 1956, It Was MEXICO That Wanted A Wall!!

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I’ve been fooling around with a site called Newspapers.com. You can look up old papers and even print them out. FREE 7-day trials too. Here’s what I found from the “Eureka Humboldt Standard” of August 6, 1956.

(Background: A newspaper editor in Tijuana had recently been assassinated.)

HEADLINE:  Mexico Border May Be Closed

San Diego- Gov Braulio Maldonato of Baja California was prepared yesterday to close the Mexican border to American tourists in order to clean up vice conditions in Tijuana, Mex., a border city 23 miles south of here.

Maldonato told Mexican and American newsmen Saturday he is “sick and tired” of hearing complaints about prostitution,  gambling and narcotics traffic in Tijuana.

He said he has taken personal charge of a clean up campaign.

“If it is necessary to sacrifice economic interests to clean up Tijuana, we will close the border to American tourists,” he said.  “Perhaps we both will gain,  you Americans in health and we in dignity”.

Acosta Mesa was conducting a drive against Tijuana’s prostitution houses and narcotics trade when he was murdered.  A gunman shot the editor three times when the victim answered the door at his fashionable home.

It’s tempting to say, the more things change  the more they stay the same.

END

 

 

Fun in the Sun

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As the cold November winds prepare to blast us into winter, wouldn’t you like to fly away to a land of perpetual sunshine? Someplace like Maui?

Well,  two dozen California legislators have packed their swim trunks and sunscreen and have flown to Maui.  These lucky folks are being treated to a five-day conference at the Fairmont Kea Lani Hotel in Wailea,  where the rooms cost $350 per night. But they won’t see a bill. Their expenses ($2500 per lawmaker) are being paid by  a non-profit called the Independent Voter Project.  Who are they? They include:

Occidental Petroleum and the Western States Petroleum Association

Eli Lilly

the Altria tobacco firm

the California Cable and Telecommunications Association

the State prison guards union 

the California Distributors’ Association tobacco and other products).

Just to make sure our legislators get enough rest, a mini-conference from Nov 19-23 will be held just down the road at the Grand Wailea. The sponsor is the Pacific Policy Research Foundation whose supports include Eli Lilly (again), PG&E, and Amgen.

Who attends these gatherings? That’s a semi-secret but legislators from both parties routinely show up as well as power brokers like former assembly speaker John Perez. The only people who don’t get a seat are you and me. Patrick McGreevy lays it out in the LA Times.  

Every year they have these elitist parties with the public left out and every year people bitch about it, but here we are again. And Jerry Brown,  who doesn’t make many mistakes, vetoed a bill  that would have required nonprofits that pay for legislators’ travel to meetings like this, to disclose their donors.

But what good does disclosure do? These people have no shame.  Next year they’ll do it again. Even with a series of recent scandals, they’ll do it again unless someone stops them. Write to Mike McGuire, write to Jim Wood, join California Common Cause.

Maybe next year we should crash the party? Or at least get them to hold it in-state?  Box lunches at the Wharfinger should be good enough for those who are really doing the people’s business. 

END

 

 

 

“Your credit card expired in your PayPal account”.

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Just returned from the Bay Area and found this message in my in-box. Came as quite a shock since I closed my PayPal account a year ago,  mostly because I was tired of all the emails and warnings about mischief with PayPal accounts. All they wanted was for me to update my credit card details. Yeah, right. 

IF you receive something like this, go to the PayPal website and click the “Contact Us” button. PayPal will ask you to forward the bogus message to them so they can investigate. 

The world is full of dreadful people, isn’t it?

Election Thoughts, or The Silly Season

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Herb Caen used to refer to election time as the Silly Season.  I do not write a political blog (as I’m sure you’ve noticed) but politics certainly affects business and I don’t mind going public with my biases. The following is NOT intended  to start a debate about the various candidates.  Do that on LOCO. Or somewhere.

DA’s race: I volunteered for Paul Gallegos from the first recall attempt. My motive was the outrage of having a rich man try to buy his own DA.  This time I have a Fleming sign on the lawn. I’m not going to be upset if Dollison or Firpo win. Dollison is a heckuva nice guy.  I wish Firpo had more judicial experience. 

4th District Supervisor:  This one tears me up but I have to go with Kerrigan. What’s that old saying, “If you always do what you’re always done, you’ll get what you’ve always got” or something like that. I’m tired of the 4-1 split of the BOS and the fact that the developers are controlling the Planning Commission. Virginia is a very nice and very hardworking  person but I fear for the future of this county if we have more appointments like McKenny or more gutting of the GPU. 

5th District Supervisor: this race is so lopsided I really don’t have much to say. It’s Ryan’s to lose.

Finally, Humboldt County Sheriff Mike Downey is running unpposed. I don’t know whether this is because  the entire HCSO backs him enthusiastically or not, but since he’s in a no-loss situation I suggest you do what I’m going to do. Leave your ballot blank.  This would serve as a gentle reminder to the Sheriff that the People are unhappy with such policies as midnight releases and tired of hearing the same excuses (“no money”) when change is needed.  Every family in this county is having to cope with rising prices and shrinking incomes. Let’s see some creativity.

Finally, I will vote enthusiastically for Jerry Brown for a fourth term. I will not vote for Gavin Loathesome, never have and never will. I will vote enthusiastically for Kamala Harris and John Chiang and for Rep Jared Huffman on the basis on his appearance on Rachel Maddow a few days ago when he addressed the ridiculous GOP proposal to rename most of the American coastal waters after REAGAN. Huffman suggested cutting to the chase and just naming the whole planet after Reagan and demonstrated a flair for deadpan comedy. Might come in handy if the Congress thing doesn’t work out. 

Okay, now back to normal. 

UPDATE:  This afternoon it was announced that the Sheriff is making substantial changes to the midnight release policy. That’s good news but my advice would be the same.  Don’t let them take us for granted. 

Murder in the Cathedral- the Unthinkable, the Unacceptable

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Back in the 1930’s when T S Eliot was writing his Nobel prize-winning play about the conflict between Henry II and his Archbishop, Thomas a Becket, a conflict that resulted in Becket’s death at the hands of four soldiers who may or may not have been carrying  out the King’s wishes, he picked a title that reflected the true horror of the situation. He called it “Murder in the Cathedral”.  A church or cathedral  is supposed to be a place of refuge. Unlike Becket, Father Freed was not murdered on the very altar, but for “cradle Catholics” like myself, the horror is palpable. I haven’t considered myself a Catholic since I was sixteen but you don’t have to be Catholic or Christian or religious in any vein in to be deeply disturbed by this crime and the death of an innocent man who by all accounts was a gift to the community.

Thank God there is a suspect in custody.  But we have already made the news on CNN and CBS and believe me,  there is no more efficient way to destroy the reputation of a city than a notorious murder.  Nor can we claim it’s the fault of the drug industry. No, this was an act of sheer evil, hard to comprehend but there it is. The candidates who seek office this year will all face the question: how do we combat evil in our midst while maintaining our civilization?

The Catholic Church is a huge and powerful organization which has been so poorly governed in recent years that systematic child abuse has been tolerated. That seems to be changing due to the refreshing candor of the new Pope and hopefully he will stay in office long enough to make some real changes. I will never be a Catholic again but I heart this Pope and while all the usual second-guessing and faultfinding with the police has already started, let’s think about the ways to honor Father Freed, the Pope and each other.  The New Yorker’s year-end cover was a cartoon of the Pope making snow angels. Religion should have a sense of joy. Hard as it may be, it is our job to reclaim that. Even us nonbelievers.

As for me, I’m leaving my Christmas lights up a few days longer than usual.  I think a lot of people are. They provide that sense of joy. We could use it this year. 

 

“Season of Wonder and Light”- Bah, Humbug!

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I have my curmudgeon hat on today, an effect of reading this morning’s papers and blogs.   Any of you wanting sugarplum fairies should be reading elsewhere. To begin-

Eureka City Schools, Loleta Union School District Sued for racism, sexism.   Is this a surprise to anyone, especially considering the ongoing festering situation in Ferndale?  When I was attending Eureka High, the Native American kids were almost completely segregated, to Hoopa. Sounds like things haven’t changed much. If ANY of these allegations are true, and I suspect these may be just the tip of the iceberg, some heads should roll.

Chet Albin Appointed to Eureka City Council-  Anyone who has to take down his Facebook page out of fear that his constituents might see it does not have the moral fiber to hold public office. Nor do the folks who orchestrated this outrage.

Jason Singleton Vilified for ADA Suits- Both his letter to the North Coast Journal, reprinted this morning in the Times-Standard  and Chris Jones’ My Word in the Times-Standard this morning (links not available for either) tell it like it is. As I posted here last week, if the city/county staff were tasked to do MEANINGFUL ADA reviews before issuing permits, poof! Problem solved.  The most distressing news is that otherwise rational businesspeople are trying to address their issue through demonstrating at the courthouse, a useless circle-jerk. Gee, those “Occupy” demos worked out so well…

The GPU has been hijacked and thrown back to the Planning Commission  and the Planning Commission is one vote away from being controlled by HumCPR.    Not good news when any special interest group has this much clout, especially when the voters are demoralized and disorganized (in comparison.) I happened to notice yesterday while driving on 5th Street in Eureka that the CPR has a storefront now, where the Republicans’ office was. Don’t know how long they’ve been there.

Finally, Two Good People Have Left Us.  Leon Berliner and Silas Morrison the younger both had obituaries in the Times-Standard today. My first job in rehab was at Redwoods United, Inc. long after Leon had moved on to the  Cornucopia.  No agency helped more people with disabilities in this county and that program is sorely missed. Silas was a friend and an unforgettable personality. I will miss him a lot.

Sincere wishes for a happy holiday, despite the foregoing. You can’t ALWAYS have a Merry Christmas. There’s always next year.

 

Standing Up While You Work Is Good, Facebook Is Depressing, Jerry Brown and Bill Clinton Thrive

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In the first few hours of our Federal government shutdown, it would be nice if I could come up with some POSITIVE things to say about Our Current Situation but I really can’t think of any. The impact on Humboldt County, with our huge Federal holdings such as Six Rivers National Forest and Redwood National Park, plus all that BLM land, will be huge. Anything that hurts tourism hurts us all.  Let’s hope for a quick resolution. Elsewhere in the news…

STAND AND DELIVER: Have you been getting a lot of online ads for treadmill desks? The ads I get are for models starting at about $1200 and I see one in my future. I had a couple of colleagues when I worked for the State who used standup desks because they had back problems but I’ve seen about five articles lately indicating that working on your feet is a healthy choice for everyone. Churchill, Hemingway and Leonardo da Vinci did it.  The evidence is mounting that, as the Economist puts it, “Prolonged periods of inactivity are bad regardless of how much time you also spend on officially approved high-impact stuff like jogging or pounding treadmills in the gym.”  Even just standing up instead of sitting is a low-level activity that uses a different set of muscles than does sitting.

The evidence is scary. A study from England found that the individuals who are least active at work or otherwise are twice as likely to develop diabetes as the most active, are twice as likely to die of a heart attack and are 250% more likely to develop cardiovascular disease. These results seem to be independent of the amount of hardcore gym exercise that the study subjects did. A different study, on rats, indicated that immobilizing them led to a dramatic drop in their HDL levels, which is undesirable as low levels of HDL promote heart disease. The good news for humans is that breaking up long periods of sitting with two minutes of walking every 20 minutes can lower your blood glucose level by 30%.

So what does this mean to an employer?  You might want to speak to your workers’ comp carrier about a break in your rates if you install standup desks and walking paths. Anything you can do to encourage your employees’ low-level activity, like walking, may turn out to be a lifesaver.  Now I’m going to get up and walk around.

FACEBOOK IS DEPRESSING:  I never miss a chance to bash Facebook, so here’s this week’s news. Two recent studies studied Facebook users. The first was a joint venture by the University of Michigan and Leuven University in Belgium, which studied 82 teens and young adults over a two-week period by means of questionnaires.  They found that the more an individual used Facebook during the study period, the worse they reported feeling.  On the other hand, the more real-world interaction they had, the more positive they reported feeling. The  other study, by social scientists at Humboldt University (NOT Humboldt State) and Darmstadt Technical University, both in Germany, surveyed 584 Facebook users in their twenties and found that the most common emotion associated with Facebook use was: ENVY. I don’t doubt it, since looking at all those doctored photos and “status updates”  which consist mainly of bragging could well affect a person. So, employers, Facebook is not only stealing your employees’ time, it’s making  them feel inferior. Try to encourage something more positive. Like Angry Birds. 

JERRY BROWN: A new biography  by Chuck McFadden, Trailblazer, reminds us that when he was elected Governor he was the youngest Governor in the nation. Now he’s the oldest, at 75, and is apparently planning to run for another term. He’s still jogging three miles several times a week and his Prop 30 has apparently calmed the States’ budget crisis. His wife, Anne Gust, former CAO of the GAP, is a strong partner in his administration.  The “crazy” ideas he espoused in his first term that earned him the nickname “Governor Moonbeam” – communications satellites, space exploration, solar energy etc etc- have become mainstream.  The book makes the point that Brown’s three (or four) terms as Governor added to his father’s two terms back in the ‘fifties (he left to become Chief Justice) are a very long run. And he shows no signs of slowing down.

BILL CLINTON: I may have been the last to hear about it, but it has been brought to my attention that Bill Clinton- the Bill Clinton of the fried chicken and pork rinds – THAT Bill Clinton has, for the past three years, been a VEGAN. I’m still trying to process this, but if that’s the reason he looks so good lately, I may become a convert. Cheaper than a standup desk in the short run. Last October, on a road trip, we passed through Little Rock and  I insisted on visiting  his then-favorite lunch spot, Doe’s Eat Place, ( I’m not kidding) .  It was closed but I’m willing to bet they don’t serve vegan. All things change. Both Jerry and Bill are inspirations for those of us who are, shall, we say, getting on in years.  More power to both of them. 

Now if we could just resolve this darn shutdown…

GPU Update, How NOT to Present before the Board of Supes, and More on Megabus.

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By now you know that the 13-year saga of the General Plan Update is mired in a review of basic principles which were agreed upon ears ago and now- what a surprise!- seem to need amending. This is not because the County has changed.  It’s more due to the political climate and the emergence of HUMCPR as a force.  I went down to lend my voice to sticking with the original principles, largely because the extreme length of this plan update is ridiculous and I wouldn’t like to see Humboldt County come in for (more) bad publicity  for dragging out this process even further. If we end up on 60 Minutes for this , it will be an exception to the rule that there is no such thing as bad publicity.  This is bad.  We will be known for  two things in this State: marijuana and ineffective government.  A bad combination, don’t you think?

      Also, I can’t think of anything more harmful to effective economic development than unclear or shifting zoning.  I got there early because I though there would be a huge crowd.  There were only five people signed in to speak when I signed in. The vast majority (I believe about 40 people spoke) sort of materialized during the meeting and didn’t sign in at all, so that part is apparently optional.

      I have presented before the Planning Commission and the Supes several times but never as poorly prepared as last night. I ripped my notes out of the printer and went flying out the door, no review, no prep.  I stumbled and fumbled through my remarks which were basically a plea to stick with the original principles, since the revisions seemed to me to be vague and enabling sprawl. Some of the other  presenters- Dan Ehresman, Scott Greacen- were forceful and effective. Others sounded like they needed to be wound up. IF YOU DO THIS BE PREPARED.  Sometimes public testimony really does have an effect. Don’t know about yesterday, but it definitely did in the Forster-Gill situation. 

      When they started going through the new/old language principles my ADD kicked in and I left, probably to rejoin the process at the next meeting on October 7. Many of the attendees last night were realtors, paid representatives of environmental groups or CPR folks and some had been involved in the process for years. I will never be a Supervisor because $80K is not enough to do this kind of mind-numbing analysis. I would go nuts.

Let’s see how the Supes do.  If you haven’t attended these meetings, you should show up on the  7th.  If you’re going to speak, practice a little first. We heard some awfully poor presentations and it was hard to tell what point some of the folks were trying to make. And I used to think the Supervisors were overpaid…..

MORE ON MEGABUS

With no trains, miserable air service and ever-climbing gas prices, many Redwood Coast businesses and their employees are taking a second look at bus transit. We featured Megabus a few posts back but didn’t mention their parent company , Stagecoach Group, which is headquartered in – wait for it- SCOTLAND. At least they didn’t paint the buses plaid. In America their revenues are up 22% in the last three months. That’s callled growing like wildfire, but the best news for us is that Greyhound is having to upgrade its service in order to compete. We can only pray…..

 

Welcome to Our City, Chief Mills

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     Sometimes the consultants get it right. 

     The headhunters charged with finding us a new police chief- excuse me, I meant another new police chief- stated it correctly: “Eureka is unique, a rural area with serious urban issues.” Chief Mills is apparently going into this with his eyes wide open. And I guess it’s just a coincidence that the Chief is arriving just at a time when I feel my home town being taken away from me.

     I live a simple life. When I moved into my very average house in Cutten, all I demanded  was a good yard for dogs, closeby amenities like a grocery to minimize driving and  a sense of safety and security. Do I still have it? Not so much,  since a few months ago when a parolee from Oregon went on a rampage starting at Walnut and Redwood and smashed a few car windows before racing through my neighbors’ backyards before eventually being apprehended nearby.  Why he skipped my yard is a mystery.  Maybe he’s afraid of old dogs. All I know is, the tranquility is gone. 

     There was a time when I could walk my dog in Sequoia Park. Not any more. There are too many shady characters lurking along the pathways looking for a quick pickup or a drug deal. Some of them were involved in a shooting on Glatt Street the other day. But the real reason I can’t walk my dog there anymore is the huge number of unleashed or unsupervised dogs. The folks who enter the park on the Glatt Street side walk right past the sign advising that all pets must be on a leash. A large family approached me with a pit bull that was on a leash,  alright, but it was one of those extendable leashes and they thought it was just hilarious to let their dog growl and snap at my dog while letting it approach to within about half an inch. My dog was terrified and tried to get away. I ended up face down in the mud but managed to hang onto my dog. Then I had to listen to how sorry they were. I regret to this day I didn’t call the police but I was so shaken up I didn’t even get their license.

      So there’s assignment No. 1, Chief. Reclaim Sequoia  Park for us.  Instead of parking a black and white on W Street to catch those villains (like me) who don’t come to a complete stop at the corner, how about putting a black and white near the Glatt Street entrance?  A little deterrence there could do wonders. Let’s try it.  

     As I said, I live a simple life.  I shop at Winco at least twice a month but now that people are being carjacked in the Winco parking lot in broad daylight, it doesn’t seem as welcoming as it used to. Or as safe. Can you help us with ensuring folks can patronize our biggest grocery store without placing themselves and their kids in jeopardy? We’d sure appreciate it.

     I suppose you’ve heard about the series of spectacular car-pedestrian and car-motorcyle collisions.  Fifth Street is a death trap for pedestrians, especially those of us who actually try to use the clearly marked crosswalks, especially at the corner by Denny’s. When I took driving at Eureka High, they used to tell us that “pedestrians have the right of way in California”.  How about a little enforcement? It couldn’t hurt, could it?  I turn at the intersection of H and Hodgson nearly every day of my life.  I am usually impressed with the politeness  of the other drivers but that wreck the other day hit pretty close to home.  It’s sobering to think that the only thing between you and sudden death is a split second of someone  else’s attention. A stoplight or an officer nearby would do wonders. 

     So Chief, we’re glad to have you here,  and glad that you’re going to go through with this career change although it must have been disconcerting to learn that the fellow who hired you is moving on himself after only nine months on the job. When you need a break,  take a stroll through the Sequoia Park gardens.  One of your  predecessors and his wife have devoted thousands of hours to maintaining the flowers because the city can’t afford to. It’s that kind of town. 

     Welcome to Eureka .