12.30.2009

Hislop to throw hat in the ring for sheriff

Hislop to throw hat in the ring for sheriff


The chief investigator for the Humboldt County District Attorney's Office will announce Monday his intention to seek the position of county sheriff in the upcoming election.
Mike Hislop on Tuesday confirmed that he planned to run, but deferred discussion on the details until his official announcement Monday.
Hislop has been chief investigator with the District Attorney's Office for three years and was an officer and sergeant with the Eureka Police Department for 24 years. Prior to working for EPD, Hislop was a reserve deputy and a correctional officer in Lake County.
Incumbent Sheriff Gary Philp has served two terms, and announced his intention to retire earlier this year. At the same time, Undersheriff Mike Downey announced that he in turn would seek the position, with Philp's endorsement.
When reached by phone Tuesday, Downey said he didn't want to comment on Hislop's intention to run because the declaration wasn't yet official. But he made the case for his own candidacy, citing years of experience.
Downey pointed out that he's been with the Sheriff's Office for 24 years and is currently second in command of the entire office.
”I was promoted to the rank based on merit and character,” Downey said.
District Attorney Paul Gallegos, who would lose Hislop's services if he's successful in his bid to become sheriff, is giving his chief investigator his full support.
”I have worked to attract, hire and maintain
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the best, the brightest and the most qualified people to work on behalf of the people of the state of California,” Gallegos wrote in an e-mail. “Mike Hislop exemplifies those qualities and characteristics. He is extremely intelligent, has excellent organizational and leadership skills and strives for excellence in all his endeavors. I have no doubt that he will be an outstanding sheriff.”

Chris Durant/The Times-Standard
Posted: 12/30/2009 09:52:16 AM PST

12.17.2009

Sorry Garr

Public safety is an investment, not a cost
Garr Neilsen's My Word in the Times Standard 12/16/2009
http://www.fresnobee.com/opinion/wo/story/1740052.html
Jerry Dyer Op-Ed in Fresno Bee Tuesday, Dec. 08, 2009
Word for word.
Desperate? Stupid? Being pushed by the "Progressive" overlords to get something out?
Unbearable, incredibly unimaginably stupid? Sorry, Garr, this is not cool.
Caught by someone in the comments, starting at #29
***
Jon-E-Law Eureka, CA
Liberal for Life wrote:
Wow.
I always believed that Eureka deserved a literate, public-oriented police chief.
Well done.

Not a chance. Your moron Chief did not write this he plagiarized it from the Fresno Chief.
***
Jon-E-Law Eureka, CA
Lib for life too wrote:
Actually, this is written like he is running for office. Chief, if that is true, don't you think you should finish your one job at EPD before moving on and taking on another?

He will fit with Gallegos in taking credit for another's work. Chief Jerry Dyer from Fresno PD wrote this piece.
***

Jon-E-Law Eureka, CA
Dyer's original piece ran in the Fresno Bee on December 8.
http://www.fresnobee.com/opinion/wo/story/174...
***

Walter Sobchak Wildomar, CA
Liberal for Life wrote:
Wow.
I always believed that Eureka deserved a literate, public-oriented police chief.
Well done.

Darn straight. Of course, if all he'll do is publish others' work without attribution, that would actually make him a thief. Intellectually dishonest, AND a thief? Not exactly a ringing endorsement, is it?

Remember this:
Filed under Gallegos' Plagiarism
RELATED STORIES:
THE OX-BOW INCIDENT by ROBERT LOUIS FELIX
a copy of THE OX-BOW INCIDENT in case the link goes down
TS - Paul Gallegos' My Word
ER - WHOSE WORD WAS 'MY WORD'?
ER - A second Gallegos column raises questions about attribution
Back up links, Eureka Reporter coverage"
ER - WHOSE WORD WAS 'MY WORD'? 9/7/2006
ER - A second Gallegos column raises questions about attribution 9/8/2006

UPDATE and clarification:
Pla-Garr-ism? The Journal
***
Neilsen's Press Release

I wish to clarify any confusion that may have arisen from the opinion piece published earlier this week in the Times Standard. This was a position piece adopted by the California Police Chiefs Association. The editorial was distributed to regional directors to be modified for local media and presented as a position supported by local chiefs. This is a common practice that is intended to distribute a consistent position.

I apologize for any confusion this may have caused regarding the authorship of the piece. There was no intent to claim it as original, but rather reflect consensus of opinion of California Chiefs.
Thanks

gn


Police Chief clears air over editorial
A letter to our readers
The Times-Standard contacted the column's original writer, Fresno Chief of Police and former President of the California Police Chiefs Association Jerry Dyer, who said he was asked to write the Clemmons piece by the Fresno Bee, as he's a regular contributor for them.

At a recent Cal Chiefs meeting, Dyer said he told everyone that he was working on the piece and that he would be submitting it. As he's done before, he said he urged all the regional chiefs to localize the piece -- either using it as a jumping off point or using parts or all of it -- and to submit it to their local papers.

It is important that individuals who submit columns acknowledge when information, ideas, viewpoints or phrases are coming from another source. In this case, a simple citation or sentence of attribution would have sufficed, giving us a chance to weigh whether we were interested in running the opinion of Fresno's police chief -- even with a local angle -- and allowing readers to understand the full picture of the piece's origin.


*********
not formatted yet
Public safety is an investment, not a cost

Garr Nielsen/For the Times-Standard
Posted: 12/16/2009 01:30:12 AM PST

On Nov. 23, Maurice Clemmons was released on bail from Pierce County Jail. In less than a week, he would change the lives of four families forever.
Clemmons' ongoing criminal behavior and propensity for violence should have been sufficient grounds for his continued incarceration. Over a four-day period in May, Clemmons punched a sheriff's deputy, forced relatives to strip naked, and raped a child, all of this while he was on parole status from Arkansas. Yet, Clemmons remained free.
The legal systems in Arkansas and Washington failed miserably, resulting in the two states transferring blame and pointing fingers at one another. Meanwhile, the Lakewood Police Department in Washington and the families of the four slain officers are left to suffer.
Many have forgotten the importance of the criminal justice system to include our prisons. California prisons are filled with Clemmons types. Many are suffering from mental illness and drug addiction and refuse to be rehabilitated. When they do get out, we rely on our police officers to stand between them and us.
When someone like Clemmons is willing to kill four police officers in broad daylight, how much easier is it to kill four innocent citizens?
The safety of our communities must be our highest priority and the foundation for government. Police officers, prosecutors, jails and prisons cannot be seen as a burden or cost to government. They are investments. There are many who don't realize this and believe
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the way to reduce California's deficit is to slash funding to the Department of Corrections and Rehabilitation, which includes state parole.
Although I agree that significant improvements need to be made to CDCR and how we supervise those on parole, this does not include the wholesale release of inmates from prison and the elimination of parole status. Significant money may be saved on the front end, but over time, the cost to local communities will be immeasurable.
When crime and fear go up, communities become paralyzed, causing businesses and residents to flee California. The Eureka Police Department is committed to providing a safe community and we have made great strides in our efforts to become a more effective, collaborative and responsive organization. The wholesale release of prison inmates into our community will adversely impact much of the progress we have made and further tax our scarce resources.
What further complicates this matter is a federal court ruling by a three-judge panel, which has ruled that prison overcrowding in California is a direct cause of inadequate health care to inmates. As a result, the panel has given a tentative order to reduce the prison population by 40,000 inmates over a two-year period.
A portion of those inmates would be released to the Eureka community. A plan has been submitted by CDCR to the court outlining how the releases would occur. This plan is being reviewed by the judicial panel, which means the initial releases may begin in the early part of 2010.
Along the way, there will be attempts to disguise the type of inmates being released by calling them “nonviolent” or not serious offenders.
Do not be fooled; “career criminals” will be released. It takes an average of five convictions before a person is ever sent to prison, and the year prior to their arrest, they commit between 12 and 15 felonies. And most disturbing, of those “nonviolent” inmates being released, 70 percent will reoffend within three years, and many of those will commit a violent crime before they are rearrested.
When one of these “nonviolent” criminals commits a brutal murder like Clemmons did, you can expect the transferring of blame and finger pointing to begin, just as we are seeing today in Arkansas and Washington as people try to escape the blame for allowing the senseless and tragic loss of life. But finger pointing after the fact serves no useful purpose. We need to ensure that we support a system which does not allow for the release of the Maurice Clemmonses back into our neighborhoods.
Remember, “Public safety is an investment, not a cost.”
Garr Nielsen is chief of the Eureka Police Department.
*************
*************
JERRY DYER: Invest in our public safety
Posted at 07:27 AM on Tuesday, Dec. 08, 2009

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On Nov. 23, Maurice Clemmons was released on bail from Pierce County Jail. In less than a week, he would change the lives of four families forever.
Clemmons' ongoing criminal behavior and propensity for violence should have been sufficient grounds for his continued incarceration. Over a four-day period in May, Clemmons punched a sheriff's deputy, forced relatives to strip naked, and raped a child, all of this while he was on parole status from Arkansas. Yet, Clemmons remained free.
The legal systems in Arkansas and Washington failed miserably, resulting in the two states transferring blame and pointing fingers at one another. Meanwhile, the Lakewood Police Department in Washington, and the families of the four slain officers are left to suffer.
Many have forgotten the importance of the criminal justice system to include our prisons. California prisons are filled with Clemmons types. Many are suffering from mental illness and drug addiction and refuse to be rehabilitated. When they do get out, we rely on our police officers to stand between them and us.
When someone like Clemmons is willing to kill four police officers in broad daylight, how much easier is it to kill four innocent citizens?
The safety of our communities must be our highest priority and the foundation for government. Police officers, prosecutors, jails and prisons cannot be seen as a burden or cost to government. They are investments. There are many who don't realize this and believe the way to reduce the California's deficit is to slash funding to the Department of Corrections and Rehabilitation, which includes state Parole.
Although I agree that significant improvements need to be made to CDCR and how we supervise those on parole, this does not include the wholesale release of inmates from prison and the elimination of parole status. Significant money may be saved on the front end, but over time the cost to local communities will be immeasurable.
When crime and fear go up, communities become paralyzed, causing businesses and residents to flee California. Fresno experienced this in the 1990s when drive-by shootings, car-jacking and home invasion robberies occurred nightly in our city, and crime soared out of control. We cannot afford a return to the '90s.
What further complicates this matter is a federal court ruling by a three-judge panel, which has ruled that prison overcrowding in California is a direct cause of inadequate health care to inmates. As a result, the panel has given a tentative order to reduce the prison population by 40,000 inmates over a two year period.
Of the 40,000, about 1,600 inmates would be released to the Fresno community. A plan has been submitted by CDCR to the court outlining how the releases would occur. This plan is being reviewed by the judicial panel, which means the initial releases may begin in the early part of 2010.
Along the way, there will be attempts to disguise the type of inmates being released by calling them "nonviolent-nonserious" offenders. Do not be fooled, "career criminals" will be released. It takes an average of five convictions before a person is ever sent to prison and the year prior to their arrest, they commit between 12 and 15 felonies. And most disturbing, of those "nonserious-nonviolent" inmates being released, 70% will reoffend within three years, and many of those will commit a violent crime before they are rearrested.
When one of these "nonviolent-nonserious" criminals commits a brutal murder like Clemmons did, you can expect the transferring of blame and finger pointing to begin, just as we are seeing today in Arkansas and Washington as people try to escape the blame for allowing the senseless and tragic loss of life.
Remember, "Public safety is an investment, not a cost."

JERRY DYER HAS SERVED AS FRESNO’S POLICE CHIEF SINCE 2001.

12.14.2009

Quigley family addresses court at Whitmill, Flores sentencing 'I WILL NEVER FORGET HER'
Whitmill, Flores sentenced while victim's family, friends look on

A Humboldt County Superior Court judge upheld the plea deals reached in the case of Jason Whitmill and Anthony Flores on Friday, sentencing them - 14 years eight months and three years in prison respectively - for their roles in the 2008 car crash that took the life of a 9year-old girl.

Whitmill, 32, and Flores, 19, were racing at speeds of over 100 mph along State Route 299 on Oct. 6, 2008, when Whitmill's vehicle clipped a sport utility vehicle, causing it to veer from the road, down an embankment and into a utility pole.

Nicole Lynn Quigley, a fourth-grader at Dow's Prairie Elementary School, was killed in the wreck and her mother, Debra Quigley, suffered major injuries. Nicole's twin sister, Ashley, and a family friend were also in the car, but were uninjured in the crash.

Before sentencing the defendants, Humboldt County Superior Court Judge Dale Reinholtsen and a packed courtroom listened to emotional statements from Nicole's friends and family, who talked about the bright life that was lost in the tragic accident.
Addressing the court and the defendants, Nicole's father Ken Quigley read a statement from Ashley.

"My sister was my best friend - we did everything together," he read as sobs and the sound of choked-back tears emanated from throughout the courtroom. "You don't know how much I miss her. ... You took my best friend away from me. She was only 9 years old. I will miss her every second of my life. My sister was the best sister in the world, and I will never forget her."

Reading from a prepared statement of his own, Ken Quigley said that Tuesday Aug. 17, 1999, the day his twin daughters were born, was the happiest of his life. He said his joy only grew as he watched Nicole blossom into an intelligent and beautiful young girl who would come to work with him and tell him that, one day, she would take over the family business.

Flores and Whitmill, Ken Quigley said, took all that away.

"The thought of this makes me sick to my stomach," he said. " The courts cannot impose on you the punishment you deserve."

Some speakers expressed frustration at the plea deals reached by the defendants. Whitmill had faced murder charges for his role in the crash, but wound up pleading guilty to gross vehicular manslaughter while intoxicated, and to driving under the influence causing great bodily injury, as well as to a special allegation of having served three prison terms.

According to Reinholtsen, the deal leaves Whitmill with two strikes on his record, meaning if he is convicted of another strikable offense he would automatically face a prison sentence of 25 years to life.

Flores pleaded guilty to gross vehicular manslaughter and hit-and-run for leaving the scene of the accident, spawning a days-long manhunt.

Deputy District Attorney Maggie Fleming told the court that defense appeals regarding Whitmill's blood being drawn without his consent the day of the accident - while it was still unknown who the driver of the vehicle was - played into her office's decision to accept the plea deals rather than prosecute the case.

Reinholtsen ruled in November that Whitmill's blood was legally drawn. The defense appealed the decision unsuccessfully to an appellate court, then took the matter to the California Supreme Court, which declined to hear the matter.

Fleming said her office was concerned the matter would make any possible conviction in the case susceptible to appeals. As a part of their plea deals, both Whitmill and Flores have agreed to waive all rights to appeal.

After Friday's hearing, Ken Quigley expressed frustration at the way the case was handled by District Attorney Paul Gallegos. He charged that Gallegos was unprepared for court appearances, twice dropped it in the lap of unprepared deputy district attorneys and generally handled it in an unprofessional manner.

"Had this case been handled from the beginning by someone with the experience of Maggie Fleming, it would have had a much different outcome," Ken Quigley said. "I'm not here to knock people, but I'm very disappointed with the way Mr. Gallegos handled this case. Next year can't come soon enough. It is an election year, isn't it?"

Gallegos told the TimesStandard in a previous interview that the case was handled properly from start to finish.
In addressing the court, Nicole's uncle, Mike Quigley, said complaining about the sentence won't do any good. Instead, he vented anger at the defendants and a criminal justice system that released Whitmill from custody less than two weeks before the crash.

"In a just world, none of us would be here because he wouldn't have been on the streets," he said, before turning his attention to both defendants. "You killed a 9year-old girl and neither one of you are man enough to stand up and take responsibility for it. God bless my beautiful niece and her mom and dad and sister, and God damn both of you."

Mike Quigley's comments drew a round of applause from the packed courtroom, which was awash in pink as many members of the Quigley family and their friends were clad in Nicole's favorite color. So many people attended Friday's sentencing that an overflow room was set up, where those who couldn't fit in Reinholtsen's courtroom watched the proceedings via a video feed.

As Nicole's friends and family addressed the court, the defendants sat in the jury box with their lawyers. A stoic Flores sat, clad in an orange jumpsuit, staring at speakers as they addressed the court. Throughout most of the proceedings, Whitmill sat with his eyes cast toward his feet, showing little emotion. Then, Dan Johnson, Nicole's soccer coach, addressed the defendants.

"If you want to take responsibility for your actions, you might start by looking at speakers when they are talking to you," he said, sending Whitmill's eyes darting up to his.

When Sandy Henry addressed the court, she explained that she taught Nicole in her last year at Dow's Prairie before retiring, adding that Nicole was an integral part of her favorite class in 30 years of teaching. Nicole, Henry said, was going to do great things in life. Hearing this, Whitmill began to weep, wiping tears on the shoulder of his orange jumpsuit and again casting his eyes to his feet.

" Three years from now Nicole would have been getting ready to go to high school. Fourteen years from now she would have been graduating from college, getting ready to start a career," Henry said. "I'm at a loss to see equity in this judgment."
Glenn Brown, Whitmill's attorney, also addressed the court, reading a letter from his client.

"On Oct. 6, 2008, I caused the death of your daughter by driving drunk and racing another vehicle," Brown read. "I feel so terribly sorry for the pain I caused your family."

Flores provided no statement to the court.

In handing down the sentences of 14 years and eight months for Whitmill and three years for Flores, Reinholtsen echoed the sentiments of many. " There's no sentence the court can impose that can right this wrong. I recognize that," he said, adding that he hopes the publicity the case drew and the Quigley family's sharing of their pain with the community might make a difference. "Perhaps that will cause someone we don't know, and will never know, to drive in a more safe manner." Many in court Friday talked about the joy that Nicole Lynn Quigley brought to their lives. They spoke of her love for dance, her dedication to her studies and her ability to draw a smile - and the best - from people.

"I know Nicole loved every moment of her life with every ounce of her being," Henry said. "My challenge now is to honor her by finding joy in every moment of my life."

" Thadeus Greenson can be reached at 441-0509 or tgreenson@times-standard.com.
Thadeus Greenson/THE TIMES- STANDARD
Posted: 12/12/2009 09:47:53 AM PST
Updated: 12/14/2009 09:58:57 AM PST
UPDATED:
Quigley family addresses court at Whitmill, Flores sentencing 'I WILL NEVER FORGET HER'
Whitmill, Flores sentenced while victim's family, friends look on
People to speak at Whitmill/Flores proceedings today.
Brief recap:
Quigley family, friends remember 9-year-old Nicole 10/06/09
One of the things Ken Quigley misses most about his daughter is her dancing.
”I don't even know where to begin,” he said about his favorite memories of his daughter Nicole Lynn Quigley. “We miss her so much ... . We miss watching her dance. Dancing was her thing. She danced all over the house.”

Too many delays 9/10/09
On Monday, Aug. 3, the friends and family of Nicole Lynn Quigley once again attended court for what was supposed to be a pre-trial hearing for Jason Whitmill and Anthony Flores and once again Whitmill's attorney, Glen Brown, paid for by you and me, the taxpayer, succeeded in getting the trial date moved out to the end of September. One of Glen Brown's excuses was that he had more important trials scheduled at the same time as this one. Since I am not allowed to speak during court, my question to Glen Brown is, “More important to whom?” After two judges have reviewed the charges against Whitmill and concurred that second-degree murder will stand against Whitmill for his reckless regard for human life, Mr. Brown has now sent the case off to the California Appellate Court in another one of his tactics to delay the inevitable. How this man sleeps at night is beyond me. In the meantime I will be watching very closely for what trials come up around Sept. 8 that are so important that we need to delay some closure to my family and friends and Whitmill's and Flores' trip to the big house.
Kenneth Quigley

Court document: Flores tried to 'subvert' investigation 10/16/08
Vehicular manslaughter suspect has extensive criminal history 11/13/08

It's a hard cold fact that Ken Miller's "concern" contingent is nowhere in sight. Salzman held no candlelight vigils.

12.11.2009

Cage Match

The Development in question:


◼ JN Cage Match
By Hank Sims The Town Dandy
http://www.northcoastjournal.com/issues/2009/12/10/cage-match/

As Journal reporter Ryan Burns writes elsewhere in this paper, the California Coastal Commission is set to hear an appeal connected with the proposed Marina Center development today (Thursday, Dec. 10). The hearing will kick off the true beginning of the fight over the proposed big box-anchored development on the old railyard on the Eureka waterfront, which has been kicking around for almost four years now. Opponents of the project didn't bother putting up any serious effort when the City of Eureka approved the environmental impact report and a project permit last month -- figuring, probably correctly, that the vote was already in the bag. The Coastal Commission is the body that's going to make -- or, more likely, break -- the thing.

For honesty's sake, let's admit a couple of things at the outset. For one, California law pertaining to this and many other matters is Byzantine beyond belief, to the extent that it can sometimes actively stifle the very thing it was written to accomplish. The Balloon Track could sit there as is for another 100 years, leaching its ugly self into the Bay, and the Coastal Commission would never say boo. For another, much of the opposition to the project has little to do with environmental remediation per se. For various historical, cultural and economic reasons, some people -- some powerful people -- don't like the fact that the proposed Marina Center is anchored by a Home Depot. And there are a few powerful opponents whose passions are chiefly aroused by the opportunity to give financier/developer Rob Arkley and his supporters in Eureka City Hall a poke in the eye. If Arkley were to put forth plans to turn the site into a sustainable organic cooperative farm, there are people who would sue him for not devoting enough space to the hemp crop.

But it's almost as if Arkley and City Hall wished these antagonists into existence, and then provided them with cudgels. Believe it or not, there are developers in other parts of the state, and even locally, who invite the opposition into the tent before a project ever gets underway. Arkley, instead, has delivered the middle finger to his opposition, consistent with the strange, ideology-driven approach he takes to nearly all his Humboldt County projects. (Leaving aside some of the charitable ones.) What does he want more: To get the job done, or to destroy his enemies -- people who harbor wrongheaded notions about the rights of capital and the role of government regulation?

You can't look at the history of Marina Center long without concluding that the former is secondary, the latter supreme. More than anything, he itches for a fight. And this time, he'll have a whole bunch of his psychic irritants in the ring: Humboldt County Supervisor and Coastal Commission Chair Bonnie Neely, left-leaning hardware king Bill Pierson, enviros like Pete Nichols and Scott Greacen and others, state bureaucrats like Humboldt County Planning Commissioner and longtime Coastal Commission bureaucrat Ralph Faust. This -- the broad scope of the upcoming score-settling -- is what gives the current conflagration its end-of-days feel.

Whether it ultimately happens in today's hearing or not is open to question -- there'll certainly be plenty of others to follow -- but the Coastal Commission shows itself perfectly willing to whittle Marina Center down to nothing. The staff report in the case recommends reversing the city's permit to allow Arkley's CUE VI company to begin work on the site, and that's probably what will happen. If so, what will be most frustrating is the already audible whining from inside City Hall and Arkley's Security National that it is all so unfair. The Coastal Commission has been a brick wall growing steadily larger for four years now, and neither the company nor the city has done anything to alter course. The Coastal Commission wrote an objection to the city's draft environmental impact report containing the precise objections which are now on appeal; the city staff waved the commission off, then urged the City Council to approve the 1,000-page-plus report, complete with this objection and others, in a matter of days. Which the City Council did. So now the city is getting what it paid for, and no one should be shocked.

Anyway, come join us on the North Coast Journal Blogthing today (Thursday). We'll be live-blogging the Coastal Commission hearing when it gets underway, complete with a background sense of how underhanded and silly it has all been.

^^^^^

The North Coast Journal is proud to be fielding a team of reporters in Copenhagen for the duration of the United Nations Climate Change Conference, which may actually come up with some sensible strategies for limiting humankind's assault on the planet. In the coming weeks, we'll be printing regular dispatches from Manila's Dan Ihara, an economist who has specialized in climate change, and Petrolia playwrights/activists/raconteurs Jane Lapiner and David Simpson. The first of their reports, which takes the pulse of the summiteers as the conference gets underway, appears this week.

comments
1. Thirdeye: Yesterday, 1:14 p.m.
"The staff report in the case recommends reversing the city's permit to allow Arkley's CUE VI company to begin work..."
WRONG, WRONG, WRONG
The staff report did not recommend reversing the permit. The staff report recommended hearing the objections. What's a little fact twisting in the name of the chosen narrative, right Hank?
The whole speculation about ideology driving the Marina Center project is just silly. If there's any ideological motivation it's on the part of assorted groovy people (mostly from outside of Eureka) who can't get over their knee-jerk reaction to Home Depot. And how does the expansion of the wetland element in response to public input constitute some sort of middle finger?
I suppose we'll next be hearing about how timber companies harvest trees to teach hippies a lesson.

2. Hank Sims: Yesterday, 1:27 p.m.
WRONG, WRONG, WRONG
Eh?
Paragraph one: "Staff recommends that the Commission determine that a substantial issue exists with respect to the grounds on which Appeal No. A-1-EUR-09-049 has been filed and that the Commission hold a de novo hearing."
The Commission holds the new hearing. Not the city. See? Reversing -- or superceding, if you like -- the city's permit.
If there's any ideological motivation it's on the part of assorted groovy people (mostly from outside of Eureka) who can't get over their knee-jerk reaction to Home Depot.
I'm not denying that, as you can read above. But if you're saying that Arkley's intentions have been snow-pure throughout, you live on a different plane of existence.
And how does the expansion of the wetland element in response to public input constitute some sort of middle finger?
Erm, you mean the wetland element absolutely required by law if other wetlands on the site are going to be filled? The one leaned on throughout the present EIR? That was "in response to public input," somehow?

3. Dork: Yesterday, 2:10 p.m.
Hank, you're either higher than usual or just proving again that facts are no match for your biases. Opposition to Arkley's Marina Center plan was well under way before there was a Marina Center plan--before the big box, before the big middle finger, before know-it-alls like you were rewriting history like this. The opposition began the day the word "Arkley" became associated with a blighted shithole that mattered not at all to anyone until the day he bought it.

4. Hank Sims: Yesterday, 2:24 p.m.
The opposition began the day the word "Arkley" became associated with a blighted shithole that mattered not at all to anyone until the day he bought it.
What? You ever heard of Wal-Mart? The stillborn Headwaters Fund study? Who's rewriting history?!?

5. Thirdeye: Yesterday, 2:39 p.m.
Hank:
Now that you've cut and pasted the relevant passage, I suggest you read it again and try to understand it this time. You're a literate guy. I think you can do it. A recommendation to hear the appeals is not the same as a recommendation to reverse the City of Eureka's approval of the permit. It is a review process. Comprende?

Whatever Arkley's innermost thoughts are (and of which you claim some special knowledge), we know one thing: he sees an opportunity to make some bucks. Maybe the thought of Home Depot gives him a wet dream and maybe it doesn't, I don't know. Did his deal with North Coast Co-op mean he fell in love with Co-op people? Probably not. He saw an opportunity to make some bucks.

Yes, the wetland element was expanded during the scoping phase of the project, in response to public input. I take it you didn't know that before you wrote with such authority. Given that virtually the entire site is fill, the project is a net gain for wetland. Puddles on top of fill do not wetlands make, unless you share the delusions of Baykeeper.

6. Hank Sims: Yesterday, 2:46 p.m.
You've heard the words "de novo" before?
Come on over, Thirdeye! -- http://www.northcoastjournal.com/blogthing/

7. Thirdeye: Yesterday, 2:54 p.m.
Who's rewriting history? You are, Hank, you are. Marina Center is not Wal-Mart part II. And your argument that the proposed Headwaters-funded study was somehow necessary for a public process to occur has been refuted many times over. You should know better than to keep invoking it.

8. Hank Sims: Yesterday, 3:03 p.m.
Jeez, dude, I'm going to have to spend some time with you here. Word-by-word-style.
"Dork" wrote:
...a blighted shithole that mattered not at all to anyone until the day he bought it.
Whereupon I wrote that the shithole did, in fact, matter to people before he bought it, and gave two citations.
And your argument that the proposed Headwaters-funded study was somehow necessary for a public process to occur has been refuted many times over.

I never said any such thing. Of course a public process is possible without it. The public process is happening without it. Just moments ago, for example.

9. Thirdeye: Yesterday, 3:30 p.m.
http://www.lectlaw.com/def/d010.htm
DE NOVO - Anew. afresh. Considering the matter anew, the same as if it had not been heard before and as if no decision previously had been rendered. Ness v. Commissioner, 954 F.2d 1495, 1497 (9th Cir. 1992). Such review is 'independent.' Premier v. Fuentes, 880 F.2d 1096, 1102 (9th Cir. 1989).

The staff's (approved) recommendation to review the permit De Novo is essentially a recommendation to invoke full authority. It is not a final judgment on the merits of the issues under appeal, despite what Hank and other spinmeisters may claim.

10. Hank Sims: Yesterday, 3:39 p.m.
"Anew. afresh. Considering the matter anew, the same as if it had not been heard before and as if no decision previously had been rendered."

Right? And that's not the same as reversing the City Council's decision?

But this is getting stupid. I think we agree -- now the Coastal Commission gets to decide whether to grant the permit, and the city does not.

11. Thirdeye: Yesterday, 4:44 p.m.
No, that's not the same as reversing the City Council's decision. Just as in the case of an appeals court agreeing to hear a case, that is not the same as reversing the lower court's decision.

Now, onto the issue of your position on the Headwaters-funded study and public participation:
http://www.northcoastjournal.com/092806/shortstories0928.html

"An hour or so later, Marina Center spokesman Brian Morrissey took the stage to deliver a presentation on the Marina Center, which he referred to as a 'smart growth' project.' I'm a smart growth guy,' Morrissey said. The characterization drew immediate objections from Andrew Whitney of the Humboldt County Planning Department, who said that community involvement in development was a cornerstone of the smart growth movement. (He didn't mention that Arkley had the Eureka City Council kill a public study on the Balloon Track, specifically to limit public participation in the planning."

(Hank Sims)

Of course, there was a large amount of public input in the scoping phase of the project that resulted in, among other things, expansion of the wetland element. But you chose to ignore that.

12. JJ: Yesterday, 7:16 p.m.
It's fairly obvious that Security National could care less about the existing wetlands, characterizing them as nothing more than "tire tracks" in their commercials

Eerily similar to the "Eureka Coalition for Jobs" campaign smearing Chris Kerrigan

13. Anon: Yesterday, 9:12 p.m.
Hank, you are rewriting history in pretending this is about a location instead of about a man. Let's just test your theory: Name a location in the city where Rob Arkley could put in a building supply store and the progs wouldn't climb up his butt.
Anything coming to mind?

14. wrong jj: Yesterday, 9:13 p.m.
JJ, those farking supposed wetlands ARE tire tracks. That's not an opinion that is a fact. It's been documented.
To try and taint this with the Kerrigan hit piece, who many believe was a Salzman move to garner sympathy for Chris is lame.

15. Anony2: Yesterday, 9:16 p.m.
Dayum, HanQ,
Thirdeye OWNS you. In each and every conversation here and on the mainsite and on the blogthing you have been spanked and spanked hard. I do wish you'd try for some actual reporting instead of trying sprinkle the news with your personal bias, hell we get enough of that on fox and msnbc.

16. Hank Sims: Yesterday, 11:05 p.m.
Jesus Christ. You lovable freaks.

Let's just test your theory: Name a location in the city where Rob Arkley could put in a building supply store and the progs wouldn't climb up his butt.

I can't. Which is why I stated EXACTLY THAT in the second goddamn paragraph of this column!!! Whose theory are you testing, now?

Just as in the case of an appeals court agreeing to hear a case, that is not the same as reversing the lower court's decision.
Kinda. Kinda not. Because the appeals court reverses the lower court on matters of law, not facts established at trial. Whereas in this case, the hearing is de novo -- the matter will essentially be retried, with the Coastal Commission as jury rather than the City Council.

Again, you're getting tediously hung up on semantics here. You are wrong, but you are also boringly wrong. Who cares? Call it anything you want. Call it a Tony Award-winning Broadway musical, if you like. I'm beyond caring.

The fact is that the city's permit is, as of today, stayed -- i.e., the company does not get to act upon it. Now the Coastal Commission decides whether or not the company will get to perform the work envisioned in the permit. Agreed?

Of course, there was a large amount of public input in the scoping phase of the project that resulted in, among other things, expansion of the wetland element.

That's PR hype, plain and simple. The wetland element had to be included, BY LAW. Read the EIR. One of the matters currently on appeal is whether there's ENOUGH wetland to mitigate for the wetlands taken.

To simplify matters somewhat. Hypothetically, let's say Security National first publicly unveiled blueprints of the project consisted entirely of detonating a 500 megaton nuclear weapon underneath the old Union Pacific roundhouse. And so there was hue and cry from the damned environmentalists. And so, instead, out of the kindness of its heart, the company modified the project, scrapping the nuke and instead proposing a Home Depot and some office space. And you're jumping up and down saying they did this in response to public concerns?

The project can't be built with out the wetlands, and it wouldn't have gotten even this far if they weren't in the EIR.

17. Hank Sims: Yesterday, 11:06 p.m.
Now, onto the issue of your position on the Headwaters-funded study and public participation:
I'm seriously having to take it down to dictionary level with you, here. You see, in that passage you quote, that I write that the company killed the public study to "limit" public participation?

You know that "limit" and "eliminate" have different meanings, right?

You don't think that Arkley had the public study killed to limit public participation in the planning for that site? Arkley himself begged to differ, at the time:

"I'm not willing to sit at the table with anybody until I decide what to do with the land," he said. "If they think that taxpayer money is well spent doing that, they should think again."

Good night, sweet princes!

18. Thirdeye: Today, 1:16 a.m.
Hank:
Yes, details do get boring. But they matter. And understanding the significance of boring technical and legal details is what is required for a journalist to perform adequately in a situation such as this one.

Your analogy between the CC's DeNovo hearing and a retrial is not correct. Recirculating the EIR and re-doing responses to comments would be like a retrial. The DeNovo hearing is driven by specific issues that are being appealed.

You just repeated your contention on the wetlands issue from post #2. My response is in post #5. The appeal on the wetlands issue is based on calling puddles on polluted fill "wetlands" and "sensitive habitat" per the propaganda of armchair "scientists" from Baykeeper. Baykeeper propaganda aside, there is very little existing, functional wetland on the site. Sneer if you want, Hank, and throw in some silly nuke analogy, but the fact remains that the proposed restoration of Clark Slough goes beyond what is strictly required by law, and that occurred in response to the public input that you, either by default or deliberately, remained unaware of. Sorry if the public input wasn't in the format you wanted, but it was incorporated into the project.

Here's a little gem of journalistic fellatio performed by Hank on Paul Gallegos and Tim Stoen after the Freeborn ruling in the Palco case:
http://www.northcoastjournal.com/070705/cover0707.html

There's no effort to find any opinion on the ruling from other than from Gallegos and Stoen. It's obvious that Hank never even read the ruling. But that didn't stop him from venturing this pearl of wisdom:

"If Stoen had stuck with [Judge] Wilson, the case would almost certainly have gone to trial."

The appeals court and the Supreme Court didn't see it that way, did they?

For all its factual recklessness, insubstantial opinions, and sucking up, it's quite a hilarious read looking back. Recommended.

19. Anon: Today, 8:40 a.m.
So there is no location in the city where Arkley could put up a building supply store without prog interference, but opposition to the Marina Center is somehow related to Wal-Mart? Please, Hank. Pick a storyline and stick to it. Maybe instead of rewriting history you should rewrite your article so it makes some fucking sense.

20. Hank Sims: Today, 8:47 a.m.
Ach, you are hopeless.

21. JJ: Today, 9:02 a.m.

Love it when these fools pat themselves on the back for a job well done, all the while digging themselves an even deeper grave of nonsense

Thanks for the laugh this morning anony2!
*************

RELATED:
LIVE webcast
◼ JN Cleanup Mess
◼ TS California Coastal Commission to hear appeal on Marina Center interim cleanup
...comments
http://documents.coastal.ca.gov/reports/2009/12/Th14c-12-2009-a3.pdf
◼ TS Groups asks court to stop Marina Center project
◼ TS Groups ask court to scrap Marina Center analysis
Appellants prepare for Coastal Commission hearing on Marina Center (some interesting revelations in this report actually)

Local blog posts...RELATED:
Meanwhile, back at the North Coast Journal… The Mirror
Coastal Commission gives Eureka the smack down Heraldo/a
Another city stunt in support of the Marina Center Heraldo/a
Eureka City Council to Certify Marina Center EIR Tonight Tom Sebourn

Really - there is a ton of material on this topic, and it isn't one I have been following all that closely - this link is to Google "Marina Center, Eureka"

11.19.2009

Paykeeper Pete BS

Sneaky Paykeeper Pete's My Word: ◼ Clearing the air
And the response ◼ Humboldt Baykeeper should come clean about the Marina Center

It is time to clear the air of the confusion around the environmental community's apparent lack of desire to see Eureka's Balloon Track property cleaned up. Let me be clear, Humboldt Baykeeper, and other environmental groups, want nothing more than to have the Balloon Track cleaned up to the fullest extent for the health of our bay and community. Period. In fact, Humboldt Baykeeper has worked longer and put more time into getting that property truly cleaned up than anyone else.

At the heart of the issue is the Supplemental Remedial Action Plan (SIRAP) put forth by Security National (CUE VI) -- a plan which will not accomplish the goal of clean-up of the Balloon Track. Security National is attempting to slip through a sham cleanup for the Balloon Track, skirting applicable environmental laws, such as the California Environmental Quality Act (CEQA) and the California Coastal Act, and the city of Eureka appears to be assisting them in this attempt. It is highly unlikely that these actions will pass muster with the California Coastal Commission, which will be the next governmental body to weigh in on this matter.

The city of Eureka has had many opportunities over the past 20 years to take on Union Pacific over the contamination at the Balloon Track, but the city never had the intestinal fortitude to follow through with any action. Nearly four years ago, Humboldt Baykeeper alone stood-up and took on Union Pacific with a lawsuit, enforcing federal environmental laws, to force them to clean-up the Balloon Track so it could be redeveloped and utilized by the community as it is zoned, for “public use.”

Security National has since purchased the property, inheriting the lawsuit along with it, and now has essentially legally and financially shielded Union Pacific from any liability for clean-up. It is important to note that the decision to purchase this property was made knowing full well that the property is contaminated, and Security National is now a responsible party for the cleanup. Humboldt Baykeeper has every intention of holding Security National, as well as Union Pacific, responsible for a full characterization and clean-up of the property.

It has always been the contention of Humboldt Baykeeper that Security National can build whatever they like on the Balloon Track site as long it is fully characterized and cleaned up, and as long as they comply with all provisions of the law. What Security National cannot do is sidestep the law and public process to ram through piecemeal actions on their way to an inadequate cleanup in an effort to achieve their end goal.

The greenwashing of their project with pleas to “just let us get started” to cleanup the property is a transparent tactic. Humboldt Baykeeper has been asking Security National to do just that for years and we would step aside tomorrow if Security National would really do the right thing for the environment: fully characterize and cleanup the Balloon Track. It is truly that easy.

Unfortunately, there seems to be a cloud of influence that hangs darkly over the city of Eureka. I find it disturbing that the city has agreed to a generous “indemnification” agreement with Security National for any legal liability regarding the Marina Center project. This essentially hands the keys to the city of Eureka over to Security National regarding all things Marina Center.

This is unfortunate. The city of Eureka as lead agency for this project is charged by state law with requiring that environmental review of the project meets all of the requirements of CEQA. If Councilman Leonard, and others, truly believes that the FEIR they certified to under CEQA is one of the best he has ever seen, then why not be bold enough to defend it? Isn't that why they are elected in the first place?

Instead, Mr. Leonard and the council voted to certify what they know is an inadequate FEIR and then pleaded with environmental groups to “cease fire” on lawsuits for six months. If Mr. Leonard had as much of a grasp on CEQA as he proclaims, he would know that an individual or organization has only 30 days to legally challenge a project under CEQA.

If the City Council truly wanted a 6-month cease fire, they should have recirculated the FEIR and repaired the major flaws in the document as was repeatedly recommended by Baykeeper and others. The city had plenty of time to consider the ramifications of their action and will most certainly be informed by the courts that their environmental review of the Marina Center is woefully inadequate and incomplete.

Humboldt Baykeeper will continue to demand full characterization and cleanup of the Balloon Track. We have every intention of completing what we started four years ago for the health of the bay and the community. I am more than happy to talk with anyone about our actions and Humboldt Baykeeper's work to cleanup the property. I can be reached at 268-0664.
Pete Nichols is the executive director of Baykeeper.
City of Eureka: Claims will be thrown out

A lawyer representing the city of Eureka issued a statement Tuesday saying the city is confident the more than $1 million harassment lawsuit brought against it by a police department employee will be thrown out of court.

EPD Communications Supervisor Tawnie Hansen -- a 14-year employee of the department -- filed the suit Nov. 10, alleging that the city, and specifically City Manager David Tyson, vindictively and unreasonably delayed an investigation into complaints that Hansen was being harassed by other department employees.

In the statement, Adrienne Moran, of the Santa Rosa law firm Shapiro, Galvin, Shapiro and Moran, said she will be defending the city.

”The city has thoroughly investigated Ms. Hansen's claims and could not substantiate them,” Moran said in the statement, adding that the city is confident the “claims against Mr. Tyson and the city will be thrown out.”

Last week, Tyson denied all the allegations in Hansen's suit.

Seeking at least $1.4 million in damages, the suit claims the harassment rendered Hansen “totally disabled as far as EPD employment is concerned.” She has also accused Tyson of acting inappropriately with her on one occasion and her attorney said she brought those concerns to at least one council member and the city attorney last year.

Two council members, one current and one former board member, told the Times-Standard on Tuesday that they did meet with Hansen in the summer of 2008.

Hansen previously brought suit against unnamed members of the police department, as well as former EPD employee Devora “DeeDee” Wilson, for allegedly making false statements about Hansen on the now defunct “Above the Law” blog, damaging Hansen's reputation, causing emotional distress and inciting constant harassment at Hansen's place of work.

The blog reported allegations -- which Hansen insists are false -- that Hansen and EPD Chief Garr Nielsen were having an affair and that Hansen was consequently receiving special work-related benefits. The suit alleged that Wilson and other department employees continually harassed Hansen as a result of the false reports, sending her flowers, gifts and e-mails addressed to “Tawnie Nielsen,” combining her first name with Nielsen's last.

Wilson settled her part of the lawsuit in August, agreeing to pay Hansen $10,000.

The current suit alleges that when Hansen filed a grievance with the city regarding the harassment, Tyson intentionally delayed the investigation, diluting it into a broader “global” investigation, in an attempt to “cause ongoing harm to both (Hansen) and (Nielsen).”

According to the suit, Hansen submitted her grievance in April 2008, and the investigation did not conclude until May 2009 and failed to refute that the harassing conduct had occurred, but also failed to find anyone responsible for it.
The suit alleges that Tyson was motivated by anger at Hansen and jealousy of Nielsen. Hansen alleges in the suit that Tyson had previously acted inappropriately with her -- speaking openly about a potential sexual encounter of his, flirting with her, making unwanted sexual advances toward her and touching her inappropriately -- on one occasion.
In the statement issued Tuesday, Moran reiterated Tyson's denial of Hansen's claims.

”This lawsuit seeking $1.4 million is the first time that Ms. Hansen has made the salacious, sexual claims against the city manager, which he adamantly denies,” Moran said. “Even though Ms. Hansen didn't like it, Mr. Tyson did exactly what the law and city regulations require of him: He ordered an objective and thorough investigation, which was unable to substantiate Ms. Hansen's claims.”

Hansen's attorney, Alan Goldberg, told the Times-Standard last week that this is not the first time Hansen has made these claims, saying she told at least one council member and the city attorney of the alleged incident between her and Tyson shortly after it happened.

Reached Tuesday, former Eureka City Councilman Chris Kerrigan said he and sitting Councilman Larry Glass met with Hansen at some point in or around the summer of 2008, while Kerrigan was still in office.

”She did talk with and meet with both Larry and I, and her concerns were not only about the city manager but about her situation with the police force,” Kerrigan said, declining to discuss the details of Hansen's concerns. “My recollection was that it encompassed both: her concerns with the city manager and her concerns with her own workplace environment. I do recall that the city attorney was notified, and if it wasn't (Hansen) it was myself who, as the next step, talked to the city attorney.”

Glass confirmed Tuesday that he attended the meeting with Hansen and Kerrigan, but declined to go into any details.

”Tawnie did indeed meet with me and Chris,” Glass said. “She had a number of concerns that she brought to us. That's all I can say at this point.”

City Attorney Sheryl Schaffner declined to comment for this story, saying that Moran is handling all media inquires about the case.

In a phone conversation Tuesday, Moran said that, to her knowledge, “the specific claim that the city manager personally sexually harassed (Hansen) was not made.”

Moran's services are being covered by the city's insurance carrier, Redwood Empire Municipal Insurance Fund, and she is representing both the city and Tyson in the suit. It remains unclear, Moran said, whether the city or its insurance carrier would pay any damages that are awarded if Hansen wins her suit.

”It depends on that nature of the judgment,” Moran said. “I'm confident that it's not going to get that far.”

Reached Monday, Goldberg said he attempted to initiate settlement talks with the city before filing the lawsuit.

”There was an attempt, I'd say, to get the city to talk,” Goldberg said. “They didn't go very far and they weren't very fruitful.”
Goldberg said he notified the city of his intent to sue in a letter dated July 15, which the city treated as a claim for damages, and which was rejected as a routine matter by the City Council at its Sept. 1 meeting.

”They didn't give it the level of seriousness I thought they should have,” Goldberg said.

In her statement, Moran maintains that Tyson acted exactly as the law and city regulations required him to.

”The investigation was conducted by an outside investigator unaffiliated with the city,” Moran said. “These are not the actions of a man with something to hide.”

Thadeus Greenson can be reached at 441-0509 or tgreenson@times-standard.com

Thadeus Greenson/The Times-Standard
Posted: 11/18/2009 01:30:19 AM PST

Comments:
happy_in_humbold t
Oakland, CA
Reply »|Report Abuse|#118 hrs ago

Seems to me the problem is between the city and the police chief. This woman is fronting for the police chief out of loyalty or some other connection and this is just a play to put the city manager back on his heels so no one pursues the other issues out there that may impact the police chief. Long live King Gar.
reader
Arcata, CA
Reply »|Report Abuse|#217 hrs ago

"The city has thoroughly investigated Ms. Hansen's claims and could not substantiate them," Moran said in the statement, adding that the city is confident the "claims against Mr. Tyson and the city will be thrown out."

I'll bet this doesn't even go to trail The City would be better off achieving an out of court settlement.
Anon
United States
Reply »|Report Abuse|#317 hrs ago

happy_in_humboldt wrote:
Seems to me the problem is between the city and the police chief. This woman is fronting for the police chief out of loyalty or some other connection and this is just a play to put the city manager back on his heels so no one pursues the other issues out there that may impact the police chief. Long live King Gar.
I heard that the chief is also responsible for the balloon tract contamination and plans to erect cell towers in several residential areas in the city and he also ordered the ugly blue recycling bins. This guy has to go.
Anonymous
Eureka, CA
Reply »|Report Abuse|#417 hrs ago

I just want to say that I'm extremely confident the sun will not rise tomorrow. Thank you. My retainer will be $50,000.
Gary
Eureka, CA
Reply »|Report Abuse|#516 hrs ago

This might be true, but you can bet that the city will pay out $$ to settle the case, rather than spend even more money on a trial (not to mention public embarrassment for city officials).
Umm
Reply »|Report Abuse|#616 hrs ago

Oh, how wonderful. If the suit is thrown out, it will fuel the blogger conspiracy nuts to even greater heights of rabid batsheet craziness.
Citizen of Eureka
Eureka, CA
Reply »|Report Abuse|#716 hrs ago

Tawnie is just upset that she quit her job, and now NO ONE will hire her. She is trying to get money anyway she can, well almost anyway, she has not been seen down on 3rd street yet. Tawnie needs to get over herself, she is just not all that, and sorry honey, but we just are not that in to you.
Fred Mangels
“Fred's Humboldt Blog”

Joined: Jan 12, 2008
Comments: 178
Eureka, CA
ISP: Oakland, CA
Reply »|Report Abuse|#816 hrs ago

reader wrote:
The City would be better off achieving an out of court settlement.
I'm sure that's exactly what she's hoping for. Easy money.

Fired Up
Amarillo, TX
Reply »|Report Abuse|#915 hrs ago

Tawnie has made her bed with the police chief and the department....NOW SHE HAS TO SLEEP IN IT!
brian
AOL
Reply »|Report Abuse|#1015 hrs ago

Why is it that Hansen did not named Dumb and Dumber (Kerrigan & Glass) in the lawsuit? She "talk" to them both "in or around the summer of 2008" yet they both did NOTHING about her claims.
Dollars for donuts
Eureka, CA
Reply »|Report Abuse|#1115 hrs ago

Anybody can sue anybody over anything at anytime.

Tawnie Hansen got $10,000 in her first nuisance lawsuit. She will probably get some more in this one.

The act is simple. Smear, throw in some salicious accusations. Slap on a big number so the media will put it on page one. Her victims know they'll spend plenty on lawyer fees defending themselves while she smears them even more.

Even after they win, people will only remember the smears & not that Tawnie Hansen lost. They'll be angry, but its cheaper to throw Hanson some bones so she'll go away.
anon
Fresno, CA
Reply »|Report Abuse|#1215 hrs ago

Citizen of Eureka wrote:
Tawnie is just upset that she quit her job, and now NO ONE will hire her. She is trying to get money anyway she can, well almost anyway, she has not been seen down on 3rd street yet. Tawnie needs to get over herself, she is just not all that, and sorry honey, but we just are not that in to you.
This is why victims of hostile work environment and sexual harassment are reluctant to come forward. She is still a city employee but was forced out of the work place by harassment that was proven when Dee Dee got caught red handed. This prevailing mentality that every woman who claims hostile work environment is working some kind of scam is ridiculous. I doubt she would subject herself to the ignorant bloggers, media, etc. if she did not believe she had a valid case. Not to mention the impact on her family. Until people realize that workplace harassment exists and is illegal more people will be victimized and villified in the media.
anonymous
San Francisco, CA
Reply »|Report Abuse|#1313 hrs ago

brian wrote:
Why is it that Hansen did not named Dumb and Dumber (Kerrigan & Glass) in the lawsuit? She "talk" to them both "in or around the summer of 2008" yet they both did NOTHING about her claims.
Why, because they are both Glass and Nielsen are behind it.

When I first read about this over the weekend my gut reaction was this is a Glass/Nielsen set up if Tyson whom they without a doubt hate. Those two are joined at the hip at every public event. Glass has it big for Tyson and Nielsen doesn’t have Tyson’s rubber stamp anymore. They knew about this lawsuit in advance and are not bothered by it because it is part of the plan to take down their opposition. Now, thats not new or anything, but the distances these folks will go to take out their opposition is getting sicker and sicker. For instance, check out that complaint - it doesn’t plead ultimate facts. Instead it reads like a steamy and salacious bad book. This is about ruining Tyson, the opposition and not about vindicating anything for Hansen. The complaint is about 1) not being able to stop city employees from blogging on their own time; 2) expanding the investigation of Hansen’s complaints and 3) thrown in just to hook you a suggestive touch by the city manager? Man, this is reading like Tim Stoen and Debi August, revisited.

When I scanned the above the fold part of this article as I was at the coffee shop and it referred to this disgruntled employee raising the issue with a current and a former city council member, My initial reaction was - must be Glass and Kerrigan. Darn near fell off my chair later on when I got a chance to read the entire article and it was confirmed on the back page.

This is wrong on so many levels folks that I could just throw up.
Let A Jury Decide
Reply »|Report Abuse|#1412 hrs ago

Courts are often sympathetic to working people because it's hard to select a jury without half of them either working under a bureaucratic tyrant, or having a family member that does.

Face it, those making six-figure public salaries for years are tied at the hip with community power-brokers and their causes, this doesn't garner much credibility from regular folks who often become bureaucrat's tenants in poor, small towns.

This is the reason the defense attorney is prejudging this case in our local media.

They need a legitimate reason to change venue away from those that know these players well.
Lost in oblivion
Hayward, CA
Reply »|Report Abuse|#156 hrs ago

Citizen of Eureka wrote:
Tawnie is just upset that she quit her job, and now NO ONE will hire her. She is trying to get money anyway she can, well almost anyway, she has not been seen down on 3rd street yet. Tawnie needs to get over herself, she is just not all that, and sorry honey, but we just are not that in to you.
Scuse me...but wasn't that Dee Dee who quit and can't get work now?
Mr Obvious
Walnut Creek, CA
Reply »|Report Abuse|#165 hrs ago

It just kills you guys that you can't stir up any gossip on Garr Nielsen
Walter Sobchak
United States
Reply »|Report Abuse|#175 hrs ago

Mr Obvious wrote:
It just kills you guys that you can't stir up any gossip on Garr Nielsen
No need. Garr "Can't find his hat with both hands" Nielsen is proof that truth is, indeed, stranger than fiction.
yer so right
San Leandro, CA
Reply »|Report Abuse|#184 hrs ago

I dunno Mr O....it seems that an abundance of gossip about Nielsen got this whole strange business started.
Mr Obvious
Walnut Creek, CA
Reply »|Report Abuse|#193 hrs ago

Poor Tyson apologists. Point fingers while the headlights are shining directly on your boy.

The good ol' boy network is crumbling and it's **** fantastic
NotQuiteSoObviou s
Eureka, CA
Reply »|Report Abuse|#202 hrs ago

There are MULTIPLE complaints that against your boy Garr being investigated as we speak.
We don't need to stir anything up. It'll all come out sooner or later, as the results of the investigation are made public.
Tawnie's suit only makes her, Larry Glass and Chris Kerrigan look a wee bit desparate.

11.15.2009

TS - EPD employee files civil suit against city

◼ TS EPD employee files civil suit against city 11/14/2009 01:30:14 AM PST

A Eureka Police Department employee has filed a civil suit against the city of Eureka and City Manager David Tyson alleging that the city deliberately prolonged and diluted an investigation into her complaints of harassment, allowing the harassment to continue unabated for more than one year.
EPD Communications Supervisor Tawnie Hansen -- a 14-year-employee of the department -- filed the suit in Humboldt County Superior Court on Tuesday and is seeking damages in excess of $1.4 million. In the suit, Hansen alleges that the city -- and Tyson specifically -- vindictively and unreasonably delayed an investigation into complaints that she was being harassed by other department employees. She claims the harassment rendered her “totally disabled as far as EPD employment is concerned.”
Reached Friday, Tyson flatly denied all allegations contained in Hansen's suit.
”All I can say is the allegations are false and, on the advice of my attorney, I'm being advised not to say any more than that,” Tyson said.
Hansen previously brought a suit against unnamed members of the police department and former EPD employee Devora “DeeDee” Wilson for allegedly making false statements on the now defunct “Above the Law” blog, damaging Hansen's reputation and causing emotional distress.
The blog reported allegations -- which Hansen insists are false -- that Hansen and EPD Chief Garr Nielsen were having an affair
Advertisement

and that Hansen was consequently receiving “special work-related benefits.” The suit further alleges that Wilson and other department employees continually harassed Hansen, sending her flowers, gifts and e-mails addressed to “Tawnie Nielsen,” combining her first name with Nielsen's last.
Wilson settled her part of the suit in August, agreeing to pay Hansen $10,000 in damages.
Nielsen declined to comment for this story and Eureka City Attorney Sheryl Schaffner could not be reached before the Times-Standard's deadline.
The new suit alleges that Hansen brought her harassment allegations to Tyson and that he -- due to jealousy and anger -- attempted to dilute and stall an investigation by widely broadening its scope “for the purpose of delaying any findings as to the person or persons responsible for her harassment because he desired that it continue and cause ongoing harm both to (Hansen) and to Chief (Garr) Nielsen.”
The investigation into Hansen's harassment complaints spanned more than one year, according to the suit.
The suit alleges that Hansen has suffered anxiety, anger, depression, irritability and loss of sleep as a result of the harassment, adding that she has lost 21 years of income -- the balance of her working life -- and potential earnings of $1.47 million.
The suit cites several reasons for Tyson's alleged conduct, including an ongoing rift in the police department that pits Nielsen supporters against employees who are upset with the changes he has brought to the department since taking over as police chief in April 2007.
Tyson, the suit claims, had a personal friendship with Wilson, who publicly criticized Nielsen at a City Council meeting called to renew his contract.
The suit further alleges that Tyson had previously spoken openly with Hansen about a potential sexual encounter of his, flirted with Hansen, touched her in a “suggestive manner” and made an unwanted sexual advance toward her. Hansen, the suit states, rejected Tyson's overtures.
”Tyson, having been rebuffed by Hansen in this regard, was both angry with Hansen and jealous of Chief Nielsen when he learned of the above-described defamatory statements regarding Hansen's purported affair with Chief Nielsen, ... statements Tyson apparently believed were true,” the suit states. “Given these misplaced beliefs and his alignment with Wilson, Tyson had no desire to take any steps to have the defamatory publications stop or to bring an end to the harassing conduct to which Hansen was being subjected.”
Hansen's attorney, Alan Goldberg, said Hansen did discuss the alleged incident with the city attorney and at least one council member, but did not pursue any further action at the time.
”Tawnie is not someone to blow something out of proportion,” Goldberg said. “She let it pass, let me put it that way. But, we think now it ties together. What we allege of Mr. Tyson's views of things, we think relates to how he handled this situation.”
The suit states that the alleged conduct of Tyson and the city of Eureka, in delaying the investigation into Hansen's specific grievance, violated Government Code section 12940, which states a public entity shall take “all reasonable steps to prevent harassment from occurring.” The suit goes on to allege that Tyson acted with the intent to harm Hansen, who is therefore entitled to an award of punitive damages against Tyson.
Goldberg said Hansen's previous case against unnamed department employees is not active, but is still open with the court despite Wilson's settlement.
”It's pending, but not really active because, at this moment, we're not in a position to name additional defendants,” Goldberg said.
Thadeus Greenson can be reached at 441-0509 or tgreenson@times-standard.com.
Thadeus Greenson/The Times-Standard
Posted: 11/14/2009 01:30:14 AM PST

Comments from TS site:
Anonymous
Eureka, CA
Reply »|Report Abuse|#1Saturday

"She claims the harassment rendered her 'totally disabled as far as EPD employment is concerned.”' "

THEN GO GET A JOB SOMEWHERE ELSE!!

Quit trying to cash in on this situation so you won't have to work anymore. Find another agency, find another line of employment, whatever. Get over yourself- not everyone was trying to sleep with you.
animal farm
Eureka, CA
Reply »|Report Abuse|#2Saturday

And the EPD gets smeared again by the Slime Slandirt. All you people ever write about is local scandles and pot. I am fed up with the garbage coming out of this newspaper or should I say tabloid journal. Who will cover the SLime's **** when it's own infidelities are revealed?
Anonymous
Eureka, CA
Reply »|Report Abuse|#3Saturday

animal farm wrote:
And the EPD gets smeared again by the Slime Slandirt. All you people ever write about is local scandles and pot. I am fed up with the garbage coming out of this newspaper or should I say tabloid journal. Who will cover the SLime's **** when it's own infidelities are revealed?
It's not exactly just a scandal when someone is bringing about a lawsuit against the city manager for 1.4 MILLION DOLLARS. The money brought it to a whole new level.
Regular Reader
Oakland, CA
Reply »|Report Abuse|#4Saturday

animal farm wrote:
And the EPD gets smeared again by the Slime Slandirt. All you people ever write about is local scandles and pot. I am fed up with the garbage coming out of this newspaper or should I say tabloid journal. Who will cover the SLime's **** when it's own infidelities are revealed?
Why read this paper then if it bothers you so much? Try sfgate.com instead. That is the SF Chronical - a real newspaper and not an Associated Press hbighlight. This paper is run by the Media News Group out of Denver. They also own the Tri-City Weekly. When the Tri-City was owned by Ron P. he treated his employees with dignity and respect. Not so with Media News Group. m They even closed down the Tri-City's building and had them move in with the TS.

Again, if you think this paper is so bad, just don't read it. End of story - move on. Whny torment yourself?
Regular Reader
Oakland, CA
Reply »|Report Abuse|#5Saturday

Anonymous wrote:
"She claims the harassment rendered her 'totally disabled as far as EPD employment is concerned.”' "
THEN GO GET A JOB SOMEWHERE ELSE!!
Quit trying to cash in on this situation so you won't have to work anymore. Find another agency, find another line of employment, whatever. Get over yourself- not everyone was trying to sleep with you.
That is probably what the EPD would want her to do. Maybe she loves what she does. If you quit your job around here, there is no gaurantee that you will be hired somewhere else. She will be well known and be "blacklisted." I know what that is like. This is a real small town. Where I grew up after a lenghty military career, this place wouldn't even warrent a dot on the map. It's small town politics here. Nobody will want a perceived "trouble maker" on their staff. The members of the CoC and the Rotary and the Ingamar club all talk and they are the "shakers and movers" of this little community that is dieing on the vine. As they say, "don't rock the boat." I am in her camp. People need to know that they can't treat people the way they do in some places and if she wins and gets the millions of bucks - let that be a lesson.
Nothin 2 see here
Gresham, OR
Reply »|Report Abuse|#6Saturday

You could beat me, scream at me and rape me for hours on end for 1,400,000$!
anonymous
Tyler, TX
Reply »|Report Abuse|#7Saturday

Incredible that some of the respondents to this
article don't understand the gravity of the
situation. Allegedly David Tyson sexual harassed
an employee and failed in his duty to enforce
the law. He should be put on administrative leave
immediately. From previous observations, he should
not be representing the city and his employment
should be terminated. He has shown no leadership.
Jeffrey Lytle
“HENCHMAN OF JUSTICE”

Joined: Dec 28, 2007
Comments: 1753
McKinleyville
ISP: Hayward, CA
Reply »|Report Abuse|#8Saturday

One point from the "face value" of this article that is most definately true - government does prolong and delay processes - many types of processes - everyday upon many citizens. It is collusion, conspiracy, fraud, etc.....(in ever-expanding cases, situations) as they decide how to "cover their asses" in whatever the issue is which causes the public officials to prolong and delay their re-actions to the situation rife with now compounding problems. Oh, the pain!

Jeffrey Lytle
McKinleyville - 5th District
Anonymous
Eureka, CA
Reply »|Report Abuse|#9Saturday

Why, why, it sounds like another episode of Carnellian Cove! Let's all get writing.
lolman
Hayward, CA
Reply »|Report Abuse|#10Saturday

Eureka has no dollars for community development, but $1.4 million for a lawsuit. THANK YOU TAXPAYERS!! LOL
reader
Oakland, CA
Reply »|Report Abuse|#11Saturday

Go Tawnie go!

The Tawnster is just revealing what a Peyton Place Eureka City government truly is. And the problems don't end at that level.

There is a vortex of incredible evil that permeates throughout society on the North Coast and it is amazing how it it enabled though those most capable and depended upon by the rest of us to terminate such behavior.

I had higher hopes for Mr. Tyson but if Tawnie's allegations prove to be factual, then the one person I truly feel sorry for is Mr. Tyson.
Anonymous
Walnut Creek, CA
Reply »|Report Abuse|#12Saturday

Dave Tyson should step down immediately
reader
Oakland, CA
Reply »|Report Abuse|#13Saturday

Anonymous wrote:
"She claims the harassment rendered her 'totally disabled as far as EPD employment is concerned.”' "
THEN GO GET A JOB SOMEWHERE ELSE!!
Quit trying to cash in on this situation so you won't have to work anymore. Find another agency, find another line of employment, whatever. Get over yourself- not everyone was trying to sleep with you.
Maybe you ought to go educate yourself on employment law. Everyone is entitled to a safe work environment free from a threatening environment that includes, physical, racial, sexual, mental, emotional harassment.

No one deserves what she was forced to endure to maintain her employment.

But thanks all the same for revealing just how clueless you are to the reality of the matter.
someone stole my name
Eureka, CA
Reply »|Report Abuse|#14Saturday

If Ms. Hansen's allegations that Tyson failed to properly investigate her claim of sexual harassment, then he should resign. I work at another public agency and the head of the agency witnessed another employee demonstrating a sexual act in a vulgar manner and did nothing whatever about it. The employee's supervisor was there as well. A good laugh was had by all - well, unless you count me. I got disgusted with the three of them and found another job, but not all of us can find another job.
reader
Oakland, CA
Reply »|Report Abuse|#15Saturday

Regular Reader wrote:

That is probably what the EPD would want her to do. Maybe she loves what she does. If you quit your job around here, there is no gaurantee that you will be hired somewhere else. She will be well known and be "blacklisted." I know what that is like. This is a real small town. Where I grew up after a lenghty military career, this place wouldn't even warrent a dot on the map. It's small town politics here. Nobody will want a perceived "trouble maker" on their staff. The members of the CoC and the Rotary and the Ingamar club all talk and they are the "shakers and movers" of this little community that is dieing on the vine. As they say, "don't rock the boat." I am in her camp. People need to know that they can't treat people the way they do in some places and if she wins and gets the millions of bucks - let that be a lesson.
Regular reader, it's obvious who you are.

Type your manuscript on Word before posting, or learn how to spell Ingomar.
someone stole my name
Eureka, CA
Reply »|Report Abuse|#16Saturday

Now I think about it, every time I have seen or heard about a man sexually harassing a woman, the man gets a slap on the wrist if anything, and the woman has to find a new job or retire. When a woman did something (view a porn site at work), she was fired. The main differences in the cases are that the woman didn't DO anything to anyone, she just exhibited poor judgement and broke a rule. The men certainly DID something to someone or many someones. Same old game, new century.
Jeff E
Eureka, CA
Reply »|Report Abuse|#17Saturday

Anonymous wrote:
Dave Tyson should step down immediately
Yeah right, convict & execute him with no proof other than one person's word. A person who is obviously a disgruntled former employee. Out for blood & money she sounds like to me.

And this supposed "harrassment" she received from Tyson meant nothing to her until later when she realized she might get money from it.
once again
Newark, CA
Reply »|Report Abuse|#18Saturday

once again the lawless cops in this town are costing us money.
harassed
Oakland, CA
Reply »|Report Abuse|#19Saturday

Having been a victim of workplace verbal harassment, as well as viewing a lot of unabashed comments on various threads of this forum and other non moderated forums that I have visited, I can relate to this former EPD employee situation of being "permanently disabled" at working a particular workplace. In my case, I happen to be fortunate enough to land much better employment fairly quickly, even with my former employer's various attempts at "blacklisting" me.
Some employers tend to overlook/ignore/mistreat/step on the very persons who they depend on the most when gazing off/reaching for their lofty goals.
Nothing to see here
Eureka, CA
Reply »|Report Abuse|#20Saturday

The dollar amount was intended to be salacious. Anyone can sue anyone else for any amount a lawyer is willing to write down on a piece of paper. That doesn't establish either truth or its probability. It simply denotes someone looking for a big payday. Whether or not she gets it remains to be seen.

Eureka voter
Eureka, CA
Reply »|Report Abuse|#21Saturday

If only Larry Glass spent as much time addressing legitimate problems this city has as he does hand-feeding stories to the Humboldt Herald.
Get Over It
Tamaroa, IL
Reply »|Report Abuse|#22Saturday

Why is it that some females seemingly delude themselves into thinking that they are the only object of sexual interest around, or that they are the center of all the sexual interest? It's a real big letdown for them when they discover otherwise. I say Get Over It and move on. Obviously, this person relishes the attention.
Eureka Native
Eureka, CA
Reply »|Report Abuse|#23Saturday

This is pathetic.... I hardly doubt that this woman is incapable of working due to the conduct that she is alleging. I work in a job where I am called names daily, spit at, and people try to physically harm me. But I am not going to cry about it and try to sue the county so I don't have to work anymore. Seriously the only reason she can't work at EPD anymore is because of what SHE has done, not THEM!
reader
Oakland, CA
Reply »|Report Abuse|#24Saturday

Jeff E wrote:

Yeah right, convict & execute him with no proof other than one person's word. A person who is obviously a disgruntled former employee. Out for blood & money she sounds like to me.
And this supposed "harrassment" she received from Tyson meant nothing to her until later when she realized she might get money from it.
Jeff E,

Aren't you the typical bleeding heart liberal? And you're backing the establishment in this matter? Whoa! Why not go back to sticking your head in ths sand.
bud smith
Dixon, MO
Reply »|Report Abuse|#25Saturday

If its true they should pay .because its a rotten thing to do to someone .
reader
Oakland, CA
Reply »|Report Abuse|#26Saturday

Eureka Native wrote:
This is pathetic.... I hardly doubt that this woman is incapable of working due to the conduct that she is alleging. I work in a job where I am called names daily, spit at, and people try to physically harm me. But I am not going to cry about it and try to sue the county so I don't have to work anymore. Seriously the only reason she can't work at EPD anymore is because of what SHE has done, not THEM!
Are there people who actually reason the way that you do in the world?

Thanks for proof of the George Carlin observation that it was determined through a scientific study that the average American is stupid. That's pretty scary because it means that half of all Americans are actually stupider than stupid.

Workplace violence is a protected status. No one deserves to be harassed in a workplace the likes that Ms. Hanson experienced. End of story.
reader
Oakland, CA
Reply »|Report Abuse|#27Saturday

once again wrote:
once again the lawless cops in this town are costing us money.
Maybe you ought to educate yourself on the issue. This matter has nothing to do with sworn officers. It was administrative staff that was involved in harassing another co-worker.
Anonymous
Walnut Creek, CA
Reply »|Report Abuse|#28Saturday

Step down Tyson

Eureka will be much better off without you

Eureka Native
Eureka, CA
Reply »|Report Abuse|#29Saturday

reader wrote:

Are there people who actually reason the way that you do in the world?
Thanks for proof of the George Carlin observation that it was determined through a scientific study that the average American is stupid. That's pretty scary because it means that half of all Americans are actually stupider than stupid.
Workplace violence is a protected status. No one deserves to be harassed in a workplace the likes that Ms. Hanson experienced. End of story.
Workplace violence??? You have got to be kidding me. And enough with the scientific study ****. That has nothing to do with this story. Call me stupid, I don't give a ****. Call half of America stupid, I couldn't care less. All I know is that I go to work everyday and earn my paycheck, I don't try to cheat the system and have everyone else pay for my life. Good thing you don't work with me cause I just might try to sue the county for workplace "violence" and sue them for 3.2 million dollars cause you called me stupid....
a nono
United States
Reply »|Report Abuse|#30Saturday

Well now, maybe every girl in high school should sue and not have to attend school anymore due to being "disabled" and all from all of those mean girls spreading rumors and the boys hitting on them. Jeez.
harassed
Oakland, CA
Reply »|Report Abuse|#31Saturday

Eureka Native wrote:

Workplace violence??? You have got to be kidding me. And enough with the scientific study ****. That has nothing to do with this story. Call me stupid, I don't give a ****. Call half of America stupid, I couldn't care less. All I know is that I go to work everyday and earn my paycheck, I don't try to cheat the system and have everyone else pay for my life. Good thing you don't work with me cause I just might try to sue the county for workplace "violence" and sue them for 3.2 million dollars cause you called me stupid....
I'm glad I don't work for you, your attitude resembles my former employer. Tough enough going to work having to watch what you're doing in front of you, and having to look over your shoulder at the same time. I'm much more productive with my new employer now that I can spend that much more time watching what is just in front of me, and knowing that my employer is "covering" my back rather than "stabbing" it.
CynicalOne
Hayward, CA
Reply »|Report Abuse|#32Saturday

Sound like the **** need mo green so she can get a boob job and a face lift. With yo pimp hand lay a twenty on her and send her **** back out on the street. Hustle ****-get yo daddy da green stuff.
Lucky
Eureka, CA
Reply »|Report Abuse|#33Saturday

We're lucky to have David Tyson working at the City of Eureka.

The lawsuit is a fight over between two women in EPD - Tawnie and Dee Dee. 3 years later, there still fighting over a staffing change at the communications center. Dee Dee's been fired and Tawnie is out on a disability claim. Now she's suing for lost wages and lost retirement benefits.

Shameful. David Tyson's reputation is being smeared on the front page because he didn't take sides in this ugly fight.
a nono
United States
Reply »|Report Abuse|#34Saturday

Eureka Native wrote:
This is pathetic.... I hardly doubt that this woman is incapable of working due to the conduct that she is alleging. I work in a job where I am called names daily, spit at, and people try to physically harm me. But I am not going to cry about it and try to sue the county so I don't have to work anymore. Seriously the only reason she can't work at EPD anymore is because of what SHE has done, not THEM!
I'm with you.
I Smell a Rat
Reply »|Report Abuse|#35Saturday

What a joke. Even funnier are the comments from people that have no idea of the real situation. Nielsen has created a team of 3-4 "loyalists" that do their bidding. Wait for the next big round of promotions and they will be revealed. Things look good on the outside at EPD but morale has never been worse. Ask about the department meeting a while back.
coffee addict
Eureka, CA
Reply »|Report Abuse|#36Saturday

CynicalOne wrote:
Sound like the **** need mo green so she can get a boob job and a face lift. With yo pimp hand lay a twenty on her and send her **** back out on the street. Hustle ****-get yo daddy da green stuff.
Now there is an intelligent argument.(That is sarcasm)
Casandra
Oakland, CA
Reply »|Report Abuse|#37Saturday

Corruption lands ex-Louisiana congressman 13 years
By MATTHEW BARAKAT, Associated Press Writer
Saturday, November 14, 2009

www.sfgate.com/cgi-bin/article.cgi...

William Jefferson(D): Hehehe! political correctness didn't work in this case. It merely took longer to prosecute. Will the terrorist of Git-Mo and Hasan be the same? Tune into FOX radio or TV for the truth.
Middle-o-the-roa d
Saint Louis, MO
Reply »|Report Abuse|#38Saturday

anonymous wrote:
Incredible that some of the respondents to this
article don't understand the gravity of the
situation. Allegedly David Tyson sexual harassed
an employee and failed in his duty to enforce
the law. He should be put on administrative leave
immediately. From previous observations, he should
not be representing the city and his employment
should be terminated. He has shown no leadership.
There are those out there (and who regularly post here) who back law-enforcement and or those in positions of authority/trust no matter what they do.

If this problem isn't fixed, we will truly have morphed into a third-world caste system which will lead us towards a totalitarian government.
DO TELL
Eureka, CA
Reply »|Report Abuse|#39Saturday

What happened at the department meeting awhile back?
I Smell a Rat wrote:
What a joke. Even funnier are the comments from people that have no idea of the real situation. Nielsen has created a team of 3-4 "loyalists" that do their bidding. Wait for the next big round of promotions and they will be revealed. Things look good on the outside at EPD but morale has never been worse. Ask about the department meeting a while back.
ONCE A LIBERAL
Reply »|Report Abuse|#40Saturday

Tawnie Hansen is a strong women to stand up and fight the corrupt
going's-on in this town! When a person goes to city hall with a problem
and is shined on and sexually harassed this is showing that citizens have
no rights and their government is corrupt!

Oxford
Oakland, CA
Reply »|Report Abuse|#41Saturday

A sexual come-on from David Tyson. Can anyone think of anything ickier???!!! EW!!
Walter Sobchak
Knoxville, TN
Reply »|Report Abuse|#42Saturday

Oxford wrote:
A sexual come-on from David Tyson. Can anyone think of anything ickier???!!! EW!!
Yeah; a sexual come-on to Tawnie Hanson that gets accepted. Ew!
Charlies Angel
Beckley, WV
Reply »|Report Abuse|#43Saturday

Eureka Native wrote:
This is pathetic.... I hardly doubt that this woman is incapable of working due to the conduct that she is alleging. I work in a job where I am called names daily, spit at, and people try to physically harm me. But I am not going to cry about it and try to sue the county so I don't have to work anymore. Seriously the only reason she can't work at EPD anymore is because of what SHE has done, not THEM!
I am also with you. I am a woman too, but I have a backbone and can take crap from people because I have high self esteem, confidence, and I feel secure being ME. Remember the phrase we heard as kids, "Sticks and stones can break my bones, but words will never hurt me." I don't care what other people think. Maybe everyone should try it. Does this mean all the poor kids at school that are picked on by bullies can sue? And the highschool girls whose boyfriends get stolen by other girls can collect disability because they "can't" go to school anymore. Get over it already! If you are acting like the brown nosed, teachers pet, then yes people are going to make fun of you because you make yourself look lame. Just go to work and get your work done...end of story! Oh, and here's some cheese for your whine.
Disgusted in EUREKA
Walnut Creek, CA
Reply »|Report Abuse|#44Saturday

I hope she wins and Tyson is forced to resign. I have no doubt that everything she said is factual and that Tyson did exactly what he is accused of.

There is no where else in Eureka she could get a job with the benefits and pay that she receives at EPD and after 14 years of being a very good employee under different Chiefs why should she have to find a new job.

I doubt if the money is the real reason for the suit. If David Tyson resigns and she can keep her job with no further harassment I'm sure she would be willing to drop the whole matter. I also agree that David Tyson should be placed on administrative leave immediately pending the outcome and criminal charges for sexual harrassment be pursued against Mr. Tyson.
Observer
Eureka, CA
Reply »|Report Abuse|#45Saturday

I am disgusted with you "Disgusted in Eureka".

You have no proof whatsoever, of any kind.

This is all about money folks. Tawnie got a taste of it with the first $10,000 settlement and now she wants to get rich. All for a alleged comment made years ago?
Pete
Lotus, CA
Reply »|Report Abuse|#46Saturday

I thought Larry was Humboldt Hearld?
Bontemps
Eureka, CA
Reply »|Report Abuse|#47Yesterday

is that senile old fool Murl Harpham going to retire? Is he one of the EPD soon to resign?
Living in Eureka
Hayward, CA
Reply »|Report Abuse|#4823 hrs ago

If Ms Hanson's allegations are true, Tyson is a dirt-bag. I read the blog "abovethelaw" when it was up & running. It was mean & spiteful. I can't imagine working for over a year under these conditions. If Tyson was a part of this, give him his walking papers, we don't need someone like this running our city. Ms. Hanson deserves every dime she gets. Sometimes people need an expensive lesson to get it right - sounds like Tyson might need that lesson.
there
Fresno, CA
Reply »|Report Abuse|#4923 hrs ago

Observer wrote:
I am disgusted with you "Disgusted in Eureka".
You have no proof whatsoever, of any kind.
This is all about money folks. Tawnie got a taste of it with the first $10,000 settlement and now she wants to get rich. All for a alleged comment made years ago?
Observer,
You apparently don't understand that this is not about a comment, but about the failure to protect an employee from being subjected to a hostile work environment. The comment just provides a motive for that failure to protect. Ms. Hanson could have filed a sexual harassment claim against Tyson but chose not to, she just asked to be allowed to work in a hostile free environment. She made several attempts to resolve this informally but was blown off by the city. I admire her courage for standing up for her principles against the most powerful person in city government, knowing she would be subjected to public scrutiny and ridicule. I can guarantee you this is not about the money, it is about justice for an empolyee who has been deprived of the opportunity to do a job she had for fourteen years because the city did nothing to protect her,
****
Fresno, CA
Reply »|Report Abuse|#5023 hrs ago

Does anyone else find it curious that the Personnel Director bailed after less than a year and just before this hit the fan? Can't help but wonder if coming in from the outside she realized just how many skeletons were lurking in city hall closets and had too much integrity to play along. Now city hall is once again stocked with minions who will do the bidding. I am guessing she saw right through this "universal" investigation and saw it for the obsturctionist maneuver that it was.
Regular Reader
Oakland, CA
Reply »|Report Abuse|#5123 hrs ago

reader wrote:

Regular reader, it's obvious who you are.
Type your manuscript on Word before posting, or learn how to spell Ingomar.
Go straight to __________fill in the blank)do not pass go and don't collect your minimum wage.

Were you able to get the point with all my typing mistakes, etc?
Regular Reader
Oakland, CA
Reply »|Report Abuse|#5222 hrs ago

Eureka Native wrote:

Workplace violence??? You have got to be kidding me. And enough with the scientific study ****. That has nothing to do with this story. Call me stupid, I don't give a ****. Call half of America stupid, I couldn't care less. All I know is that I go to work everyday and earn my paycheck, I don't try to cheat the system and have everyone else pay for my life. Good thing you don't work with me cause I just might try to sue the county for workplace "violence" and sue them for 3.2 million dollars cause you called me stupid....
Don't get upset at this person(reader), because he or she likes to correct our spelling and call names. This person obviously thinks he or she is smarter and knows who people are as well. Just shine he or she on. He or she is a non-entity to me.
J East
San Leandro, CA
Reply »|Report Abuse|#5322 hrs ago

This is easy!

1) Go to court with a jury trial!

2) If the plaintiff wins, pay the plaintiff as decided by the court for a reasonable and proper amount.

3) If the defendant wins (plaintiff loses) file a counter suit then either jail the plaintiff or collect damages.
Madamoiselle Anglais
Eureka, CA
Reply »|Report Abuse|#5421 hrs ago

reader wrote:

Maybe you ought to go educate yourself on employment law. Everyone is entitled to a safe work environment free from a threatening environment that includes, physical, racial, sexual, mental, emotional harassment.
No one deserves what she was forced to endure to maintain her employment.
But thanks all the same for revealing just how clueless you are to the reality of the matter.
Reader, you are absolutely correct. Everybody IS entitled to work in a safe, threat free environment. However, I don't see why she can't work elsewhere until she has legitimately proven her claims to be true in a court of law. And just because she may have enjoyed being a dispatcher doesn't mean she can't get some other job. Or, if she enjoys dispatching that much she can get a dispatch job at an agency out of the area.
Anonymous
Burlington, NC
Reply »|Report Abuse|#5520 hrs ago

Tyson is a scum bad

Please resign now Dave. You a disgrace to Eureka!
Anonymous
Eureka, CA
Reply »|Report Abuse|#5619 hrs ago

As a female working in law enforcement, it's inevitable that you're going to be sexually harassed. Especially when Tawnie was continually texting with male coworkers, it's bound to come up even more so I would imagine.
Strong female
Eureka, CA
Reply »|Report Abuse|#5717 hrs ago

I'm sick of these weak women who faint at the first sign of a sexual innuendo. They give us all a bad name.

What the he-l-l are you doing working in a police department if you are such a wussy?
Anonymous
Sonoma, CA
Reply »|Report Abuse|#5817 hrs ago

That's really sad. Texting leads to sexual harassment? Sheesh, what world that deems that expected, or the woman's fault.

Tyson should resign if he really delayed or obstructed this investigation, or if he is sexually harassing the City employees who work for him.
Deja View
Watsonville, CA
Reply »|Report Abuse|#5916 hrs ago

Gee....this kinda sounds like the Wylie Buck/Darcie Seal thing in Blue Lake. The dirty ex-Blue Lake Sgt ended up with $50K from the city for "something" Buck had done. It wasn't disclosed to the public because they claimed it was a "personel matter". Maybe that's where Tawnie got the idea.
reader
Oakland, CA
Reply »|Report Abuse|#6015 hrs ago

Eureka Native wrote:

Workplace violence??? You have got to be kidding me. And enough with the scientific study ****. That has nothing to do with this story. Call me stupid, I don't give a ****. Call half of America stupid, I couldn't care less. All I know is that I go to work everyday and earn my paycheck, I don't try to cheat the system and have everyone else pay for my life. Good thing you don't work with me cause I just might try to sue the county for workplace "violence" and sue them for 3.2 million dollars cause you called me stupid....
Eureka Native, there's no I in us. This has nothing to do with you or your smug little world. So get over yourself. And my comment about Carlin, forget it. It went right over your head.

Get Over It
Logan, IL
Reply »|Report Abuse|#618 hrs ago

Dave Tyson is innocent until PROVEN guilty (which he won't). Simply because some disgruntled, whackjob says he hit on her? Get Over It, and get over your bad self while you're at it.
J East
Alameda, CA
Reply »|Report Abuse|#627 hrs ago

I have read these posts with interest and I have realized one conclusion. It used to be innocent until proven guilty but many of you on this topic take the other way around.

I wonder if you were accused of such a thing that you would appreciate everyone automatically say you are guilty and that you should step down.

Perhaps the guy is innocent and perhaps he is guilty but to suggest anything without the facts is not very consistent with policy in this country but then again, this country is headed for what many countries do believe, "Guilty until proven innocent".

If he goes to court and is found guilty then castrate him but until then we have to be fair or someday we may end up in court and talked about for something we may have not done.

Oh won't that be fun!
harassed
Oakland, CA
Reply »|Report Abuse|#637 hrs ago

A lot of comments on here about "toughen up", "be strong", "get over it" and don't be a "wussy". I played that game, but it only emboldens the employer/co-workers to continue their vile antics. Having to change jobs is bad enough, but when you have many years invested in a particular workplace and lose it all by resigning, due to incessant and vicious "pranks" or "witchhunts" by co-workers or employers and having to start all over again at another work place, is very frustrating to say at the very least.
anonymous
Windsor, CA
Reply »|Report Abuse|#645 hrs ago

Tawnie is know for flirting and sending sexually explicit texts in the department to officers, now she will be exposed in court.
in the business
San Jose, CA
Reply »|Report Abuse|#654 hrs ago

anonymous wrote:
Tawnie is know for flirting and sending sexually explicit texts in the department to officers, now she will be exposed in court.
Everyone knows that flirting goes on in the workplace, and particularly in law enforcement. I would hope that in this day and age we would have progressed beyond believing that flirting gives someone carte blanche to commit sexual harassment or permit a hostile work environment to be perpetuated. If you bother to read the allegations this is a suit involving the failure of the city to protect an employee who was being harassed. The fact that she was harassed has been established in the suit against her supervisor. Do employees lose their civil rights because they flirt? Again we are back to the prehistoric thinking that was so prevalent years ago that women deserve what they get if they wear tight jeans or flirt. You don't think male police officer regularly flirt with dispatchers and other women in the department. It is endemic in law enforcement, but never gives anyone the right to permit a hostile work environment to exist.
Get Over It
North Aurora, IL
Reply »|Report Abuse|#664 hrs ago

HUH? "It's endemic in law enforcement, but never gives anyone the right to permit a hostile work environment to exist".

So, it's the city's fault that a bunch of moronic adolescents with guns flirt with each other incessantly, then get angry when rumors start?
auntonomous
Silverton, OR
Reply »|Report Abuse|#674 hrs ago

1.4 Million dollars from a Police Department that has to request Federal assistance in order to hire the required amount of Police Officers to police Eureka because of a spike in the crime rate. That just doesn't add up. Greed is dispicable sometimes.
anon
Fresno, CA
Reply »|Report Abuse|#684 hrs ago

Get Over It wrote:
HUH? "It's endemic in law enforcement, but never gives anyone the right to permit a hostile work environment to exist".
So, it's the city's fault that a bunch of moronic adolescents with guns flirt with each other incessantly, then get angry when rumors start?
Yes, It is the City's responsibility when employees cross the line and are allowed to persist in that behavior. The city has a responsibility to protect employees. That is the basis of this action, that the city did not protect its employee when behavior crossed the line into illegal activity.
anonymous
Windsor, CA
Reply »|Report Abuse|#694 hrs ago

in the business wrote:

Everyone knows that flirting goes on in the workplace, and particularly in law enforcement. I would hope that in this day and age we would have progressed beyond believing that flirting gives someone carte blanche to commit sexual harassment or permit a hostile work environment to be perpetuated. If you bother to read the allegations this is a suit involving the failure of the city to protect an employee who was being harassed. The fact that she was harassed has been established in the suit against her supervisor. Do employees lose their civil rights because they flirt? Again we are back to the prehistoric thinking that was so prevalent years ago that women deserve what they get if they wear tight jeans or flirt. You don't think male police officer regularly flirt with dispatchers and other women in the department. It is endemic in law enforcement, but never gives anyone the right to permit a hostile work environment to exist.
So by sending sexually explicit and flirtatious text messages to co-workers she was not in fact sexually harassing them? It could actually be construed she initiated the sexual harassment herself. She created her own problem and once it caught up with her could not handle the fallout.
J East
Alameda, CA
Reply »|Report Abuse|#704 hrs ago

Get Over It wrote:
HUH? "It's endemic in law enforcement, but never gives anyone the right to permit a hostile work environment to exist".
So, it's the city's fault that a bunch of moronic adolescents with guns flirt with each other incessantly, then get angry when rumors start?
A word of caution here, there was a lawsuit against a person who posted something similar to what you accuse the police of being and the suit was held up in court. There are those out there who cruise these sites to look for potential $$$$ to be made, don't put yourself under their sites.

Just a friendly word of advice here, you have to make your own decision but think twice before you characterize such service organizations.
J East
Alameda, CA
Reply »|Report Abuse|#714 hrs ago

And the word above should be "sights" not sites.

Oh well, no wonder I got a "B" from Mrs. Walters' class in spelling.
anon
San Jose, CA
Reply »|Report Abuse|#723 hrs ago

anonymous wrote:

So by sending sexually explicit and flirtatious text messages to co-workers she was not in fact sexually harassing them? It could actually be construed she initiated the sexual harassment herself. She created her own problem and once it caught up with her could not handle the fallout.
What you fail to understand is that this lawsuit is not about sexual harassment. It is about a hostile work environment created by a supervisor who was another female, and the failure of the city to protect the victim. The environment existed and has been proven, what is at question is whether the city met their obligation in dealing with it. It has nothing to do with flirting or text messages. And it is hard to believe that Ms. Hansen is just trying to extort the city. Imagine what it must be like to subject yourself publicly to the innuendos and wild speculation that comes with taking an action such as this. It explains why most women are intimidated into putting up with exploitive behavior, or if it gets too bad they just find another job. I applaud the courage of someone who in a small town like this is willing to stand up to the established power base, knowing full well they will do all in their power to discredit her, characterize her publicly as a tramp, etc.
neo-anon
Sacramento, CA
Reply »|Report Abuse|#733 hrs ago

If she is awarded the money, I hope it's in monthly installments for 21 years. Give the city a fighting chance.
J East
Alameda, CA
Reply »|Report Abuse|#742 hrs ago

neo-anon wrote:
If she is awarded the money, I hope it's in monthly installments for 21 years. Give the city a fighting chance.
I agree but of course its ironic when one understands that we will be paying it if the city loses a dollar settlement, they get the money from our taxes. Personal accountability on either side I believe is more important. Responsibility and Accountability, two words sorely lacking in todays society.

He or she who loses should be held accountable, that is a case I wouldn't mind being a juror on simply to determine who messed up.
anon
Phoenix, AZ
Reply »|Report Abuse|#751 hr ago

J East wrote:

I agree but of course its ironic when one understands that we will be paying it if the city loses a dollar settlement, they get the money from our taxes. Personal accountability on either side I believe is more important. Responsibility and Accountability, two words sorely lacking in todays society.
He or she who loses should be held accountable, that is a case I wouldn't mind being a juror on simply to determine who messed up.
The city is covered by insurance. However if there are punitive damages awards they are the responsibility of the individual. But the insurance company picks up the tab for attorneys and any monetary award other than punitive.
Tawnie and Darcie
San Luis Obispo, CA
Reply »|Report Abuse|#7639 min ago

anonymous wrote:
Tawnie is know for flirting and sending sexually explicit texts in the department to officers, now she will be exposed in court.
Same crap that went on in Blue Lake with Darcie sending our explicit emails to her male co-coworkers over their shared computer system. She even continued on sending explicit sights to other local law enforcemet officers. The one of the phoney ultrasound from her to the Chief that was sent for ALL to see was the real clincher in getting Dave's fromer girlfriend to move out. According to Darcie it was only a "joke". Even Darcie's aunt who worked the the Blue Lake Department coundn't defend her own neice....she had to back the chief because she felt bad for him the way Darcie kept attacking his looks and psyche and teeling him how stupid he was. She would then even overide the orders he gave her.
Just seems that maybe these two may be spending sometime together seeing what they can bleed from the city. The cases are just too conincidental. Maybe the DA's office should dig a little deeper into both of these young yomen.
J East
San Francisco, CA
Reply »|Report Abuse|#777 min ago

anon wrote:

The city is covered by insurance. However if there are punitive damages awards they are the responsibility of the individual. But the insurance company picks up the tab for attorneys and any monetary award other than punitive.
Wow, Anti-Suit insurance? I had no idea, thanks for sharing that tidbit.