watchpaul.ARTICLES

Paykeeper Pete BS

noreply@blogger.com (Rose) — Thu, 19 Nov 2009 18:16:00 +0000

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.

noreply@blogger.com (Rose) — Thu, 19 Nov 2009 08:38:00 +0000

◼ 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.

TS - EPD employee files civil suit against city

noreply@blogger.com (Rose) — Mon, 16 Nov 2009 00:16:00 +0000

◼ 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.â€' "

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.â€' "
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.â€' "
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.

Complaint against chief found to be unsubstantiated

noreply@blogger.com (Rose) — Sun, 15 Nov 2009 23:50:00 +0000

◼ TS

Thadeus Greenson/The Times-Standard
Posted: 05/10/2008 12:29:16 AM PDT

A Eureka Police Department employee's third-party sexual harassment, hostile workplace complaint brought against Chief Garr Nielsen was found to be unsubstantiated by an independent investigation, according to City Manager David Tyson.
The complaint first surfaced publicly April 4 during a special City Council meeting called to review Nielsen's contract, which saw a number of EPD employees criticize the chief and ask the council to hold off on extending his contract.
Members of the public, meanwhile, largely praised Nielsen and the changes he's brought to the department since taking the helm one year ago. After hearing from dozens of people, the council voted unanimously to approve the chief's new contract.
Before the vote, Dee Dee Wilson, a longtime support services manager for the department, mentioned her complaint during the public comment period.
”I wish I could go into everything that happened to me, but I am unable to do so because I have filed a sexual harassment, hostile workplace complaint against Garr Nielsen, which is currently being investigated,” Wilson told the council.
A third party harassment suit generally means an individual does not claim to be the subject of the harassment but alleges being a witness to harassing behavior and being offended by the actions.
Tyson said Friday an independent investigator hired by the city found the complaint to be unsubstantiated, but he was unable to go into any detail because the matter is a personnel issue.
”We wouldn't even be telling you this except for the fact that (Wilson) announced (the complaint) at the public meeting,” Tyson said, adding that otherwise the entire complaint would have remained confidential.
Nielsen declined to comment on the investigation, saying it was a personnel matter that he could not discuss.
A call placed to Wilson was not returned before deadline, but her answering machine at the department stated: “I'm away from the office with an undetermined time to return.”
Thadeus Greenson can be reached at 441-0509 or tgreenson@times-standard.com

Comments on TS site
Anonymous
Eureka, CA
Reply »|Report Abuse|#1May 10, 2008

convict convict convict!
anonymous
San Jose, CA
Reply »|Report Abuse|#2May 10, 2008

For once, the good ole boy homicidal police network bets biatch-slapped down.
Question the author
Eureka, CA
Reply »|Report Abuse|#4May 10, 2008

Of this story.

He is not well respected as a reporter.

(And of course the city is going to say there isn't a problem, they are the ones going to get sued!)
Skippy56
“Truth is Difficult to Find!”

Joined: Dec 18, 2007
Comments: 786
Eureka/Hoopa, CA
ISP: Eureka, CA
Reply »|Report Abuse|#5May 10, 2008

Let's move on, there are more important issues our community needs to work with. This has been beaten to death and it is not something we need to hear each time we alk about the EPD.
anonymous
Eureka, CA
Reply »|Report Abuse|#6May 10, 2008

Nice job printing City Hall's press release. If the T.S. wanted to commit actual journalism, it could ask some questions, like "What did the investigator conclude re. the chief's inappropriate relationship with a subordinate?" It seems that didn't make it into the press release, for some reason.
anon
Oakland, CA
Reply »|Report Abuse|#7May 10, 2008

unsubstantiated does not mean cleared. It means unproven Mr. Tyson.
NoLoveLost
Redding, CA
Reply »|Report Abuse|#9May 10, 2008

anon wrote:
unsubstantiated does not mean cleared. It means unproven Mr. Tyson.
That's exactly what it means... if the findings had been that it never happened they would have called it "unfounded." Unsubstantiated means there's smoke, lots of it, but they can't find the fire.
mind reader
Eureka, CA
Reply »|Report Abuse|#10May 10, 2008

I'm offended by everything, where can I sign up...

Question
Eureka, CA
Reply »|Report Abuse|#11May 10, 2008

Question the idiot in comment two, it's this sort of stupidity and cluelessness which gives us hours of comic relief.
MIke
Vallejo, CA
Reply »|Report Abuse|#12May 10, 2008

â€œI'm away from the office with an undetermined time to return.â€ Was there any laughter heard in the background?
anonymous
Oakland, CA
Reply »|Report Abuse|#13May 10, 2008

Sorry that Garr has put a twist in your panties. Maybe real police officers shouldn't be wearing them.
what next
San Francisco, CA
Reply »|Report Abuse|#14May 10, 2008

May we move on to more important tasks like protecting the city in lieu of bickering? As citizens we would appreciate the energy.
anonymous
San Ramon, CA
Reply »|Report Abuse|#15May 11, 2008

http://humboldtherald.wordpress.com/2008/05/1...
Anonymous
Oakland, CA
Reply »|Report Abuse|#16May 12, 2008

What a crock! Another case of the bad guy getting away...

Gotta LOVE our justice system.

Hang in there Dee Dee!
Masked Patriot
Eureka, CA
Reply »|Report Abuse|#17May 12, 2008

If we disband the "city" of Eureka and the EPD along with it- there will be no more stories like this one.
Ready
AOL
Reply »|Report Abuse|#18May 12, 2008

Why don't we go to the root of the problem and disband the Masked Patriot instead?
Leon Slanderson
Gresham, OR
Reply »|Report Abuse|#19May 13, 2008

Beat your meat, don't hang your heads in defeat!
The Real Bubba Joe
Hayward, CA
Reply »|Report Abuse|#20May 13, 2008

The more Garr is unfairly attacked by the EPD minions, the more I realize that Chief Douglas ran a sick, inbred department for far too long.
NoLoveLost
Redding, CA
Reply »|Report Abuse|#21May 14, 2008

The Real Bubba Joe wrote:
The more Garr is unfairly attacked by the EPD minions, the more I realize that Chief Douglas ran a sick, inbred department for far too long.
He hasn't been unfairly attacked in all cases... He just hasn't been exposed for what he is yet.

TS - Humboldt County men plead guilty to marijuana real estate buys

noreply@blogger.com (Rose) — Sun, 01 Nov 2009 00:01:00 +0000

◼ Humboldt County men plead guilty to marijuana real estate buys
Sean Garmire/The Times-Standard
Posted: 05/29/2009 01:15:32 AM PDT

Two Humboldt County men pleaded guilty in federal district court Wednesday to felony charges of maintaining property to cultivate marijuana and conspiring to launder money, after authorities uncovered large-scale pot gardens on four Humboldt County properties.
Jordan Pyhtila, 29, of Rio Dell, and Jessie Jeffries, 27, of Garberville, accepted plea agreements and pleaded guilty at the United States District Court for the Northern District of California, after charges were issued against them in March, said U.S. Department of Justice spokesman Jack Gillund.
According to Gillund, Pyhtila and Jeffries surrendered themselves to authorities in early April after law enforcement investigators discovered about 4,677 marijuana plants growing on properties located in Garberville, Eureka, Miranda and Blocksburg.
Pyhtila and Jeffries agreed to forfeit those four properties as part of the plea agreements. Additionally, the two men agreed to give up a promissory note in the amount of $945,000, obtained from the sale of a subdivision the two men were developing on the Dinsmore Plateau in Rio Dell.
According to the plea agreements, the two men reportedly agreed a reasonable sentence is six years in prison, with an additional three years of supervised parole -- though that sentence has yet to be imposed by a federal judge.
Pyhtila and Jeffries began purchasing the properties in 1999, and maintained them through September 2008, according to the plea agreements. During that time, the men made the properties available to others for the cultivation of marijuana, and financed real estate purchased by others who planned to use the land to grow marijuana.
Pyhtila and Jeffries also helped other marijuana growing operations by financing equipment, building materials, plant clones, fertilizer, labor wages and various other expenses. In exchange, the two men received a portion of the profits made from the sale of marijuana grown on the properties.
The plea agreements also reveal the men admitted to using the net profits of the marijuana cultivation to finance their business, J&J Earthmoving, and to buy numerous other properties across Northern California, in order to conceal the profits earned from drug sales.
According to DOJ information, the two men used nominee owners on the various properties to conceal their ownership of the properties.
Pyhtila and Jeffries await sentencing, scheduled Sept. 9, before Judge Phyllis J. Hamilton in San Francisco.
Sean Garmire can be reached at 441-0514 or sgarmire@times-standard.com.

Sexual Assault Focus Of This Month

noreply@blogger.com (Rose) — Tue, 27 Oct 2009 21:13:00 +0000

http://web.archive.org/web/20040413234008/www.eurekareporter.com/Stories/op-04050402.htm

4/5/04 Sexual Assault Focus Of This Month
Rape and sexual assaults are not crimes of passion and lust; rather, they are crimes in which the aggressor uses power and control to instill fear, dominate, punish and humiliate victims.

It is a sad commentary for a so-called civilized society that a month, such as April, is set aside as Sexual Assault Awareness Month. After all, how civilized can a society claim to be when there are so many rapes and sexual assaults?

Based upon U.S. Justice Department definitions, the Rape, Abuse & Incest National Network (www.rainn.org) says that rape is forced sexual intercourse, including incidents where penetration is by a foreign object.

RAINN also says sexual assault includes a range of victimization distinct from rape and attempted rape. This also includes verbal threats.

No matter what definition is used or what statistics are cited, the United States cannot be proud of its problem with rape and sexual assault.

In fact, as of 2003, the United States had the highest rape rate among countries that reported such statistics: four times more than Germany, 13 times more than England and 20 times more than Japan, states Men Against Sexual Assault (www.sa.rochester.edu/masa/stats.php).

Statistics point to a troubling reality of American life.

RAINN says that one out of every six American women have been the victims of an attempted or completed rape, for a total of nearly 18 million women.

In 2002, seven out of every eight rape victims were female.

Approximately 15 percent of rape victims are under the age of 12, 29 percent are age 12 to 17, 44 percent are under the age of 18 and 80 percent are under the age of 30.

Most rapes are not committed by strangers. RAINN says approximately 48 percent of victims are raped by a “friend” or acquaintance, 30 percent by a stranger, 16 percent by an intimate, 2 percent by another relative and in 4 percent of the cases the relationship is unknown.

Indeed, it is a very sad commentary about our society. Despite all the good that is around, we have some troubling reminders that we have a long, long way to go.

As the Santa Barbara Rape Crisis Center (www.sbrapecrisiscenter.org) says, “Women can and do a lot of things to protect themselves. We can take self-defense classes; we can listen to safety tips on television; we can communicate with clarity and say ‘no’, but none of these will prevent a rape. The fact remains that only men can prevent rape. And it is men’s responsibility to do so.”

Wingnut Jeanette Jungers

noreply@blogger.com (Rose) — Tue, 27 Oct 2009 21:01:00 +0000

http://web.archive.org/web/20040413233316/www.eurekareporter.com/Stories/op-04020401.htm
4/2/04 Sheriff’s Office Too
Cozy With MAXXAM
By Jeanette Jungers

Brenda Gainey of the Sheriff's Office, calls lawyer Ed Denson's comment that Sheriff's Office has a "cozy" relationship with MAXXAM/ PALCO "reckless and profoundly disturbing.”

When it comes to objective fairness and the ability to offer "equal protection under the law,” I find the relationship between the Sheriff's Office and MAXXAM/ PALCO to be "reckless and profoundly disturbing.”

Consider the following:
1. PALCO security chief, Carl Anderson, is a former member of the Humboldt County Sheriff's Department.
2. MAXXAM/PALCO and the Sheriff's Office planned the Freshwater tree-sit extraction for weeks. The Sheriff’s Office never verified whether MAXXAM owned the trees. It has yet to be proven.
3. The Humboldt County Sheriff's Office enforced an illegal road closure to aid MAXXAM in removing two long-term tree- sitters. The Sheriff's Office cited a permit allowing closure for eight hours. In reality, the permit allowed 20 minutes, and required 24-hour prior notice. No notice was given.
4. On March 17, 2003, sheriff’s deputies indiscriminately pepper-sprayed into a peaceful crowd of forest advocates containing women with small children in their arms.
5. Dozens of law-enforcement personnel were present but refused to witness one particularly dangerous extraction, even when frustrated residents requested them to.
6. MAXXAM provided lunch to the Sheriff's deputies during this incident.
7. Sheriff's deputies forced a woman to watch the 1,200-year-old redwood tree she risked her life to save be viciously limbed for no legitimate harvest purpose before taking her to jail.
8. Witnesses to the destruction were arrested on the orders of Carl Anderson. Charges were later dropped, as they had broken no law. One such person was a journalist with a legitimate press pass.
9. Sheriff's deputies served a lawsuit to everyone arrested on behalf of MAXXAM. Several people were dropped from the lawsuit after a judge ruled they had been prejudicially served.
10. When Judge Golden put a court-ordered "stay" on PALCO’s logging, it ignored it. Residents who presented the order to loggers were reported to the Sheriff's Department. When officers were asked to enforce the order, they responded that Sheriff's Office would not enforce the order unless Judge Golden issued a contempt-of-court ruling.
11. A deputy who hauled away one protester during the stay order announced he was a good citizen because he was "removing trash from the woods."
12. Many old-growth trees harvested along Greenwood Heights Road stood at the edge of the public road in what appears to be the easement or public right of way. Did our Sheriff’s Office help MAXXAM to steal trees that belong to the county?
13. A month before the Freshwater tree-sit extractions, I thought my wallet had been stolen from my car. I called the Sheriff's Office and was told my wallet was no doubt stolen by a "dirty Earth Firster!," and that the Sheriff’s Office would "take care of them" soon.
14. MAXXAM paid for the recall ad featuring a sheriff in uniform.
These are just a few points that have led people to perceive an inappropriate relationship between Humboldt County Sheriff’s and MAXXAM/ PALCO.

(Jeanette Jungers is a Eureka school teacher who is currently "Fasting for the Forest" in solidarity with Naomi Wagner, a 58-year-old grandmother of five who is serving a 40-day jail sentence for hugging an old-growth tree in defense of the Freshwater watershed.)

County May Temporarily Close Clam Beach

noreply@blogger.com (Rose) — Tue, 27 Oct 2009 20:58:00 +0000

http://web.archive.org/web/20040413221546/www.eurekareporter.com/Stories/fp-04080415.htm
4/8/04 County May Temporarily
Close Clam Beach
by Glenn Franco Simmons

On Tuesday, the Humboldt County Board of Supervisors will decide if it wants to close Clam Beach to vehicles again this year.

The vehicle closure stems from an annual tribute to marijuana at the beach the weekend of April 20.

“In 2001, hundreds of people gathered at Clam Beach during the weekend of April 20 to celebrate 4-20,” said Public Works Director Allen Campbell in a written staff report to the board. “No permit was issued for the event and the large gathering took county park staff by surprise. Many of the people in attendance chose to ignore posted regulations and were abusive to county staff.”

April 20 is internationally and unofficially known as “international smoke (marijuana) day.” The origin of the “holiday” is the subject of various urban myths.

Last year, the county blocked access to the beach by placing a rail across the beach’s opening.

There is a significant reason to close the beach to vehicles, Campbell said.

“Temporary closure of Clam Beach to vehicles for the weekend of April 20 may be needed to protect the western snowy plover,” Campbell said, “which nests from March 1 through Sept. 30. Large numbers of vehicles on the beach as a result of 4-20 could negatively impact nesting plovers.”

The snowy plover is listed as a federally threatened species, which means its habitat has to be protected.

People will still be able to use the beach.

“Monitoring and enforcement of camping regulations for the weekend will require an increased county presence,” Campbell said. “Staffing levels will be determined by the number of people who visit Clam Beach for the 4-20 event. Camping will only be allowed in designated areas.”

There is a financial impact to the county, but Campbell said it is “limited.”

“Increased costs will result if additional staffing is required to enforce county regulations because a large number of people use the park to celebrate 4-20,” he said. “The county has no control over how many people choose to visit the park. The only option to reduce costs would be to limit enforcement of park regulations.”

An alternative to Campbell’s recommendation could be for the board to allow the beach to remain open to vehicles, which it most likely will not do.

The board will meet Tuesday at 9 a.m. in the county courthouse in Eureka.

(Publisher/Editor Glenn Franco Simmons can be reached at editor@eurekareporter.com.)

DFG Recommends Changes In Ocean Fishing Regulations

noreply@blogger.com (Rose) — Tue, 27 Oct 2009 20:57:00 +0000

http://web.archive.org/web/20040419021055/www.eurekareporter.com/Stories/fp-04130401.htm
4/13/04 DFG Recommends Changes In
Ocean Fishing Regulations
Following federal action taken by the Pacific Fishery Management Council, the California Department of Fish and Game will recommend to the Fish and Game Commission changes to the 2004 recreational fishing regulations regarding retention of black rockfish at its April 22 teleconference meeting in Sacramento.

At the meeting, the commission will consider taking emergency action to ensure that state regulations remain consistent with the new federal regulations that will prohibit retention of black rockfish during May, and from September through December in ocean waters less than 30 fathoms (180 feet) from Cape Mendocino to the California-Oregon border.

In addition, the state will take conforming action affecting California's recreational fishery for federal groundfish and some state-managed species. These changes will take effect May 1 and are necessary to conform to in-season groundfish management actions taken by the PFMC the week of April 5 that will take effect on May 1. The PFMC's actions prohibit fishing at certain times and depths in specific areas in ocean waters off California.

For detailed information on the PFMC's actions, log on to www.pcouncil.org.

The recreational fisheries affected by this action include those for rockfish, cabezon, greenlings, California scorpionfish, lingcod, some flatfish, some sharks and other federally managed groundfish species. For the full list of federally managed species, check the Marine Region Web site at
www.dfg.ca.gov/mrd/groundfish_fedlist.html.

The state will apply the same restrictions to ocean whitefish and California sheephead, which are not under federal management. Fish excluded from this action are leopard shark in San Francisco Bay waters, and sanddabs. The new regulations will apply to recreational anglers fishing in all waters off California. However, divers and shore-based anglers will be exempt.

The in-season changes were adopted April 8 by the PFMC and subsequently by the DFG after review of projected fishery catches through 2004.

Those projected catches showed that harvest limits for canary and black rockfish would have been met or exceeded well before the end of the year without these adjustments.

"The federal regulations, which the state conforms to, ensure resource protection and sustainability. This is in the interest not just of the federal fisheries agencies, but the states as well," said DFG Marine Regional Manager Patty Wolf.

For California's recreational anglers, the following changes include new depth regulations and season dates and will take effect on May 1:

In the Northern Rockfish and Lingcod Management Area (Oregon border to just south of Cape Mendocino), fishing is only allowed in waters less than 180 feet (30 fathoms) deep from May through December.

In the Central Rockfish and Lingcod Management Area (just south of Cape Mendocino to Pt. Conception), note that federal regulations have split this area into two sections at 36 degrees north latitude, near Pt. Lopez in southern Monterey County.

In the North-Central Section (just south of Cape Mendocino to near Pt. Lopez), there is no fishing during May through July, and November through December. Fishing is only allowed in waters less than 120 feet (20 fathoms) during September through October.

In the South-Central Section (near Lopez Pt. to Pt. Conception), fishing is only allowed in waters less than 120 feet (20 fathoms) during September through December. There is no fishing during July.

In the Southern Rockfish and Lingcod Management Area (Pt. Conception to the U.S.-Mexico border), fishing is only allowed in waters less than 180 feet (30 fathoms) deep during September through October. Cowcod Conservation Areas regulations remain the same.

The restrictions listed above will also apply to greenlings, ocean whitefish and California sheephead.

Fishing for sanddabs using gear specified in federal and state regulations is still allowed. Fishing for leopard shark in waters within San Francisco Bay is allowed. Divers and shore-based anglers may continue fishing.

The sport fishing regulation changes are not official until they are filed with the secretary of state. DFG will post any updated information on the fishing season on its Web site at www.dfg.ca.gov/mrd.

Redevelopment Advisory Board Takes Heat On Its Membership

noreply@blogger.com (Rose) — Tue, 27 Oct 2009 20:56:00 +0000

http://web.archive.org/web/20040416040643/www.eurekareporter.com/Stories/fp-04140401.htm
4/14/04 Redevelopment Advisory Board
Takes Heat On Its Membership
by Wendy Butler
The Eureka Reporter
Eureka resident and Humboldt Taxpayers’ League member Howard Rien said he believes Glenn Goldan’s participation on Eureka’s Redevelopment Advisory Board is a conflict of interest, because Goldan is currently developing city-owned property at the foot of C Street.

However, Redevelopment Director Cindy Trobitz-Thomas, Eureka City Councilman Jeff Leonard and Goldan maintain the board’s composition is such that there must be potential conflicts of interest, but it’s the way those conflicts are handled that matters.

On April 6, the City Council voted to authorize a 360-day exclusive-right-to-negotiate agreement extension between the Eureka Redevelopment Agency and Glenn G. Goldan & ReProp Investments Inc. for the sale for a Waterfront parcel between C and D streets on which Goldan plans to construct Seaport Village Square.

City Manager David Tyson said one of the benefits the city will see partnering with Goldan on this project involves its plans to submit an application for close to $2 million of federal Community Development Block Grant funding to construct a piazza adjacent to Seaport Village. The application requires proof of jobs that will be created and Tyson said Goldan will develop 52 jobs with the construction of and following the opening of Seaport Village.

Before the vote for this item, which was listed on the City Council’s consent calendar, Rien pulled it for further discussion.

He told the City Council that though he respects Goldan and his project, he felt Goldan’s membership on the Redevelopment Advisory Board “is not in the public’s best interest,” because he is developing a property on land owned by the city’s redevelopment agency.

Following the City Council meeting, Trobitz-Thomas said Goldan, who is board chairman, has not requested the use of any redevelopment funds for his project and he and other RAB members routinely recuse themselves from making advisory decisions about projects whose applicants have any business relationship with its members.

For example, Goldan and fellow-board member Delores Vellutini, who is also developing Waterfront property, recused themselves when RAB was discussing proposals March 31 for the city’s future Fisherman’s Work Area, she said.

“I happen to like Glenn (Goldan),” Rien said. “He was a good member of the Humboldt Taxpayers’ League. But, I do think the position of chair puts him in an extremely awkward position to access redevelopment funds.”

Leonard said he has found RAB members are very clear when it comes to conflict-of-interest issues. He said appointing new people to the board, if the mayor deems them qualified, is a good idea; however, Goldan is not monopolizing the Waterfront.

“It’s not like Glenn Goldan has 20 different projects that are all related to city redevelopment funds,” he said. “He really has just got the one.”

Leonard said when he was first elected, he attended a seminar about conflicts of interest and The Brown Act, the state’s open-meeting laws. He recalled being told “the law recognizes that you have a life. People expect that. You are going to have conflicts of interest. … You are doing things in our community and at some point … (different relationships) are going to come together.”

Rien said he is concerned the City Council does not receive enough community input about redevelopment projects.

“Some of these advisory boards are too long in the asking and too long in the being with the same people,” he said. “City Council rubber-stamps the advisory board.”

Trobitz-Thomas said she disagrees that the City Council rubber-stamps the board’s suggestions. For example, last summer, RAB made a recommendation to the City Council and the City Council went with its own decision, she said.

Developers Greg Pierson and Larry DeBeni had proposed to develop the city’s Fisherman’s Work Area at the foot of C Street and RAB agreed. The city went with Peter Brodeur of J.P. & Assoc. of Auburn.

She said when the city established RAB in 1993, it did so with the intention of having people on it who had developing, banking and legal expertise in areas impacting the redevelopment area.

“You want people on there that can help guide us,” she said. “We’re not developers. … We can’t know everything. … We really rely on the community professionals.”
Goldan said he recalls why RAB was created.

During the 1980s, the city was accused of being arbitrary and “having its favorite sons get redevelopment,” he said.

When former Mayor Nancy Flemming took her post in 1991, she appointed a Mayor’s Redevelopment Blue Ribbon Committee to review existing development plans and make recommendations on possible programs, projects and activities in Eureka’s core area, he said.

The City Council formed the Redevelopment Advisory Board on June 15, 1993.

“What you see on one hand is a room that can be potentially fraught with conflicts of interest and on the other hand you see … people that can conduct an appropriate … meeting and give (the) City Council advice,” Goldan said. “My attitude has always been, it isn’t the potential conflicts of interest that matter, it’s the way … members handle those potential conflicts of interest that counts.”

In response to Rien’s “rubber-stamp” comment, Goldan said because RAB is comprised of developers, as well as attorneys and real estate professionals, the City Council counts on their reviewing lengthy documents and lending it expertise on matters.

“I would hope they would go along with most of what we do, not because they rubber-stamp it,” he said.

LNG Debate: Moving Forward with Caution

noreply@blogger.com (Rose) — Tue, 27 Oct 2009 20:55:00 +0000

http://web.archive.org/web/20040429232408/www.eurekareporter.com/Stories/op-03120401.htm
3/12/04 LNG Debate: Moving
Forward with Caution
by Jeff Leonard

Because we own property on the Samoa Peninsula, the city of Eureka is in the middle of the community debate currently taking place over Calpine’s proposed liquefied natural gas facility.

As a City Council member, I am writing this guest opinion in response to the many phone calls, letters and e-mails I’ve received from both proponents and opponents of the project.

I support continuing this community debate. I also support establishing a fair public process, in keeping with the democratic system we enjoy, that allows everyone to participate in the decision-making process. I have a responsibility as an elected official to ensure that both sides of divisive issues have a fair opportunity to present their case.

Because the Eureka city airport property is the most-feasible site for this project, the next step in that public process is the Eureka City Council’s March 16 meeting, when the council discusses an exclusive right to negotiate agreement with Calpine. This agreement provides the opportunity for our community to carefully examine this project, while preserving the city of Eureka’s control over the property’s future.

Essentially, the ERTN is the city’s agreement to reserve its property while Calpine presents its project to the community, and local governments complete their independent analysis. Before getting any option to actually buy or lease the property, Calpine will have to make its entire project public, fund an independent study of the project and convince our community that LNG is a suitable fit for Humboldt Bay. If it gets our community’s acceptance, Calpine will still be required to obtain all of the necessary permits – more than 100 – before it can complete any transaction with the city.

To ensure that the city of Eureka controls this entire process, the city has negotiated several important “off-ramps” into the ERTN. Most importantly, the Eureka City Council retains the power to meet and decide – for any reason – to halt negotiations if it feels this project is unsuitable.

Consequently, the city is not under any obligation to ever accept or permit an LNG facility. The Eureka City Council retains the absolute power to use its judgment and terminate this agreement.

Moving forward with the ERTN will allow Calpine to present its entire project in detail. The process will put the burden on Calpine to convince our community that an LNG energy center is both feasible and desirable for Humboldt Bay.

Furthermore, local governments will be able to complete their own independent analysis of the project, guaranteeing a fair public process that allows everyone to participate in this community debate.

Although I support moving forward with the ERTN, I cannot make a fair decision about the actual project until we get reliable answers to the many questions LNG poses for Humboldt Bay. Both supporters and opponents of the project are working hard to answer those questions. However, as an elected representative, I need to gather and absorb a lot more information before I can make an educated and reasonable decision. One thing is certain – the community debate has begun, and I am listening to both arguments.

Despite the many economic opportunities, there are a number of important concerns that must be completely satisfied before this project could ever become a desirable next step for our community. For the time being, we need to move forward so that we can evaluate all of these issues, and everyone can fairly participate in the decision-making process.

(Jeff Leonard is a Eureka City Council member.)

Majority Oppose Calpine

noreply@blogger.com (Rose) — Tue, 27 Oct 2009 20:54:00 +0000

http://web.archive.org/web/20040413223932/www.eurekareporter.com/Stories/op-03170406.htm
3/17/04 Majority Oppose Calpine
(This letter was sent to Eureka’s mayor and City Council Wednesday via e-mail.)

By David Elsebusch

You heard lots of testimony last night. The majority opposed the Calpine project and some supported a “study” and a “process.” None said they researched the project and have sufficient knowledge to conclude that it is a good one.

Support for a “process” is universal. Part of the process is what you experienced last night – public comment.

Mr. (Ken) Abreu of Calpine has testified that the project will be aborted if it lacks community support. Well Calpine doesn’t have “community support” and as more of the populace becomes informed about the project and the adverse effects of an LNG facility on Humboldt Bay, there is no doubt that should the matter be put on the November ballot for voter approval, the “process” would end right there and voters would tell Calpine to “get out of Dodge.”

Calpine has spent years schmoozing with private interests and meeting with elected officials and bureaucrats in private, and now it is desperate to have the city locked into an agreement to sell the airport property to Calpine before the public is adequately informed about the pros and cons of the project, going so far as to buying full page ads in the Times-Standard making five false assertions.

1. Calpine states, “Nothing in the agreement makes the city sell this property to Calpine.” The truth behind that falsehood is that the exclusive right to negotiate does require the city to sell the property to Calpine after certain conditions are met.

2. Calpine states, “Calpine will be prohibited from applying for any local, state or federal permits until after the City Council’s approval of an “option agreement.” The truth behind that falsehood is that the contract that Calpine desperately wants the City Council to approve specifically permits Calpine to engage in “pre-filing” activities which is the precursor to permit applications.

3. Calpine states, “There can be no independent report until there is a proposal from Calpine. There can be no proposal until after there is a site. There can be no site until the City Council approves the pending site agreement. The agreement is ready to be approved now.” The truth behind that falsehood is that although Calpine desperately wants the city to sign the agreement now, Calpine has simply unilaterally decided that it will not present a proposal until the city agrees to sell the property to it. It is clear that Calpine is free to present a proposal before the city agrees to sell the property. That’s the way business is conducted – a proposal is made and if it is acceptable, a written agreement is executed.

4. Calpine states, “Without approval of the site agreement, there can be no proposal from Calpine.” The truth behind that falsehood is that Calpine does not admit that it made up this rule, which is contrary to the best interests of the city and the county.

5. Calpine states, “The pending agreement gives Calpine the right to physically evaluate the site. Without that right, there can be no proposal. Without a proposal, there can be no “independent report.” The truth behind that string of lies is that, while the proposed agreement to sell the property to Calpine gives Calpine the right to physically evaluate the site, it is not necessary to agree to sell the property before providing Calpine a right to inspect the site and an independent report can be generated without executing an agreement to sell the property.
Please don’t get the cart before the horse and approve the “exclusive right to negotiate” and lock the city into that agreement, at least before there is a truly independent study and additional public comment.

Many of us believe that, based on information we have acquired, the project is absolutely wrong for Humboldt Bay, but concede that information could be provided to more of the populace. Rejection of Calpine’s request for the ERTN would permit the “process” to continue in a rational and reasonable manner and avoid possible litigation.

(Tuesday) night, I furnished you with copies of the (federal) General Services Administration’s letter of March 10 addressed to Mr. Tyson. I trust you agree that it represents proof that the ERTN is seriously flawed and the basic concept – the sale of the site – has not been sufficiently researched and addressed.

The position of the GSA that it – not the city – is entitled to the proceeds of the sale of the (airport) property at fair-market value looks like a deal-buster to me.

(David Elsebusch is a McKinleyville resident. Following is the letter from the GSA that he said was addressed to Eureka City Manager David Tyson on March 10.)

Re: QuitClaim Deed Dated Dec. 9, 1947

Dear Mr. Tyson,

This pertains to the proposed abrogation of the airport restrictions contained in the QuitClaim Deed dated Dec. 9, 1947 between the United States of America and the City of Eureka. As you know, the General Services Administration is the successor agency to the War Assets Administration and, therefore, the authority to abrogate the use restrictions rests with GSA.

We understand that you are contemplating a sale and/or lease to Calpine Corp. for a portion of the property that was conveyed for airport purposes in the deed referenced in the paragraph above.

The MOA between the city of Eureka and Calpine Corp. includes a provision whereby Calpine Corp. would be contacting GSA to obtain a release of these deed restrictions.

It is GSA’s position that any abrogation request must be submitted by the city of Eureka, the grantor under 1947 deed, and include the concurrence of the Federal Aviation Administration, the successor agency to Civil Aeronautics Administration.

After receipt of the abrogation request and the required FAA concurrence, our office would then obtain an independent appraisal of subject property to determine the fair-market value for the payment to the United States of America. Upon receipt of such payment, we would then prepare a release. …

Clark Van Epps
Director, Property Disposal Division (9PR)
General Services Administration ...

Now That Calpine Has Left, What About Our Economy?

noreply@blogger.com (Rose) — Tue, 27 Oct 2009 20:53:00 +0000

http://web.archive.org/web/20040413224304/www.eurekareporter.com/Stories/op-03220403.htm
3/22/04 Now That Calpine Has Left,
What About Our Economy?
by Jason Whitcomb

The community spoke and Calpine withdrew, but what about our economy?

Tuesday’s City Council meeting was quite an event. As I approached the Eureka Municipal Auditorium I had to wade through petitioners, protesters, citizens and police.

As the meeting progressed, it was clear that the people of our small community did not want to risk their safety and way of life to let this outside interest develop our bay.

Of the 20 or so proponents of the LNG project who spoke to the council, there were some fallacies and there were some facts.

Since Calpine had the integrity to listen to the people’s voice and withdraw its proposal, these truths and myths no longer matter.

What does matter is the underlying theme in each proponent’s message: we need to focus on the economic future of Humboldt County. This is a truth and it is a belief shared by most every member of our area. The looming question is how?

The first step in answering how is to look at the history of Humboldt County. Steven Hackett summarized our economic history in 1999¹.

In the 1950s the timber industry hit its high point employing 50 percent of the county. In the ’60s, the economy started shifting away from timber toward services. This movement continued through to today, also paralleling increases in retail, public-sector and manufacturing jobs.

In 1997, lumber-based manufacturing was responsible for less than 10 percent of county employment.

While our heritage is rooted in the timber industry, it is clear that our future is woven in diversity. As any wise investor will tell you, diversity is key to economic stability.

Our next step is to look at the present.

When the painfully overinflated dot-com bubble burst, California took the hardest hit. Then the terrible events of Sept. 11 occurred, causing further economic instability, which continues through today.

It is common sense that if the stock market is floundering, one should invest in real property. This demand in property and housing drove local home prices higher and higher.

Then Alan Greenspan sunk the interest rate and local housing became unaffordable for far too many residents of the community. At the current time, home affordability is down to 33 percent of local residents² and countywide unemployment is at 7 percent³.

Of the households in Humboldt, almost 14 percent live below minimum-wage standards and more than half live below a living wageª.

This is legitimately scary stuff. I understand why a woman was in tears pleading for the City Council to consider Calpine.

But Calpine wasn’t for us. It was clearly a bad fit for our area.

Most, if not all, of those who desired to progress with the exclusivity agreement did not particularly want to see an LNG plant on our bay. They wanted a future in Humboldt. They wanted very reasonable things like a more useful deep-water port, higher employment rates, consulting and engineering contracts, and future consideration from outside investors. Calpine was their pot of gold.

The problem is that we need to stop chasing rainbows.

We need to stop looking outside of our community for our future. We cannot wait for some outsider whose intent is to profit off of us to solve our problems.

While these interests may help us survive, they will not solve our problems and we may be waiting forever. What we need is to define and build our economy from the within. We need an internal movement to unite economic, social and environmental goals.

Once we have reached a common ground we can then lay a path to our future. Easier said than done? Yes, but we must start now. The term "division" has been tossed around our community so long it is cliché. Let us make it antiquated.

(In the next column, Whitcomb will discuss ways to build our economy from within. Jason Whitcomb is a fifth-generation Humboldt County resident and is a small-business owner.)
References:

¹ "The Humboldt County Economy: Where Have We Been and Where Are We Going?" Steven C. Hackett, Humboldt State University, February 1999, www.humboldt.edu/~economic/humcoecon.html.

² INDEX OF ECONOMIC ACTIVITY FOR HUMBOLDT COUNTY, Professor Steven Hackett, executive director, John Manning, managing director
www.humboldt.edu/~economic/current/index.html.

³ Employment Development Department, March 12, 2004, News Release No.: 04-07, www.edd.ca.gov/urate200403.htm.

ª A Living Wage in Humboldt County: A comparative study of three models* Deborah Keeth, Assistant Director, Index of Economic Activity for Humboldt County, September 1999 www.humboldt.edu/~economic/LivingWage.htm.

Coalition Against LNG Conducts Poll That Finds Many Against LNG

noreply@blogger.com (Rose) — Tue, 27 Oct 2009 20:51:00 +0000

http://web.archive.org/web/20040405102932/www.eurekareporter.com/Stories/fp-03150403.htm
3/15/04 Coalition Against LNG Conducts
Poll That Finds Many Against LNG
by Leann Whitten
The Eureka Reporter
A poll funded by the Humboldt Bay Coalition Against LNG found that 63 percent of Eureka registered voters oppose construction of a liquefied natural gas facility on Humboldt Bay.

The recently formed organization is comprised of the Fairhaven Residents’ Association, EPIC, Seventh Generation Fund and LNG Watch.

“When the project is described and arguments of supporters and opponents of the facility are presented, 63 percent of survey respondents oppose the LNG with nearly a majority — 48 percent — saying they are ‘strongly opposed,’” according to the pollsters’ key findings.

Interviews were conducted March 10 and 11 between the hours of 5:30 p.m. and 9 p.m., said Don McDonough, co-founder of the firm that conducted the survey — Evans/McDonough Co.

The margin of error is ±5.7 percentage points, according to Evans/McDonough.

McDonough said a computer program randomized a list of Eureka’s registered voters and called the number three times throughout the polling period until going on to another name.

“Concerns about safety and the fishing and crab industries greatly outweigh any arguments that the facility will bring jobs and economic development,” according to the poll’s key findings. “Ninety-one percent of residents say they are concerned or very concerned about ‘protecting Humboldt’s commercial fishing and crabbing industries,’ and 82 percent state concern about ‘protecting tourism and recreational opportunities around Humboldt Bay.’”

Eighty-two percent of those surveyed had heard of or seen something about plans to build an LNG facility on Humboldt Bay.

“This high level of awareness indicates that residents are well-informed and are paying attention. It also means that levels of support and opposition are likely to remain fairly static,” according to Evans/McDonough. “Support is not likely to increase and additional information moves those who are undecided to opposition.”

Survey respondents were told, “Calpine wants to construct a liquefied natural gas or LNG facility and power plant, with liquefied natural gas transported by tankers to Humboldt Bay as often as twice as week. The gas would be stored in 15-story tall storage tanks, and then piped underneath Humboldt Bay and out to California’s Central Valley, a distance of 155 miles.

“Supporters say the plant would create up to 100 good-paying new jobs, drive economic growth for the county, generate tax revenue for Eureka’s schools and provide a clean source of energy for California.

“Opponents say the plant would put lives at risk in the event of an accident, earthquake or terrorist attack, dramatically reduce jobs in the fishing and crab industries, impede future economic development on the bay and pollute the environment.”

Eureka City Council Continues Meeting On LNG To Thursday

noreply@blogger.com (Rose) — Tue, 27 Oct 2009 20:50:00 +0000

http://web.archive.org/web/20040429215458/www.eurekareporter.com/Stories/fp-03170401.htm
3/17/04 Eureka City Council Continues
Meeting On LNG To Thursday
by Leann Whitten
The Eureka Reporter

Approximately 1,000 people attended Tuesday night's City Council meeting held at the Municipal Auditorium to hear LNG discussion. The Eureka City Council continued its public hearing and consideration of its decision regarding an exclusive right to negotiate agreement between the city and Calpine Corp. — a San Jose-based independent power producer — at its Tuesday night meeting.

Of the more than 200 speakers who signed up to speak Tuesday night, about half got to speak before a 10:15 p.m. decision to continue the meeting was made. Councilwoman Mary Beth Wolford made a motion to continue the public hearing, but limit it to two hours on Thursday night, starting at 6 p.m. at the Municipal Auditorium.

The 107 residents on the list will have priority in that time to make their 3-minute comment to the council. Then the council will deliberate.

A clear majority of speakers spoke in favor of suspending the decision until a “truly independent” report can be conducted or terminating any consideration at all at Tuesday night’s meeting.
The Eureka Fire Department estimates that roughly 1,000 people filled the auditorium at the beginning of the 6 p.m. meeting.

Calpine is considering proposing a facility that would receive exports — via tanker at a Samoa Peninsula location — of liquefied natural gas, heat it back to its gaseous state and distribute it via pipeline to the Central Valley. Energy from the plant would also power a power plant that Calpine may propose to build for the area.

The council has three options: suspend a decision on the ERTN until “such a time that a memorandum of understanding and associated independent review process can be defined and approved by the county of Humboldt, the city of Eureka and the Humboldt Bay Harbor, Recreation and Conservation District; or approve an amended ERTN with Calpine and adopt a specific list of council concerns and issues to be forwarded to an independent review committee for formal deliberation and inclusion in an independent report process,” according to a staff report.

Eureka Police Chief Dave Douglas who stood to the side most of the night only stepped in once when one man went over his 3-minute general public comment and refused to forgo the microphone.
City Manager David Tyson gave the staff report to the council on its options, adding a third option on Tuesday night.

“The City Council approves the ERTN, as amended, between the city of Eureka and Calpine Corp. and authorizes the mayor to execute the agreement subject to the approval of an memorandum of understanding between the county of Humboldt, the city of Eureka and the Humboldt Bay Harbor, Recreation and Conservation District. In addition, the City Council further directs that the listing of issues and concerns be forwarded to an Independent Review Committee for formal deliberation and inclusion in an Independent Report process."

Calpine representative Ken Abreu followed with a 10-minute presentation.

“We are not asking you to make a judgment on the project,” Abreu said. “(We’re asking) do you want to consider it?”

A loud “no” was the reply from the audience.

Mayor Peter La Vallee and other councilmembers reiterated the importance of respecting all speakers despite their viewpoints at this point and several times throughout the night.

Abreu said the project could be a huge opportunity for economic development in Humboldt County, but acknowledged there were legitimate concerns involved.

“We only ask that you get the facts,” he said. Abreu said he has 2,100 names of Eureka residents who have expressed support, among businesses and other organization endorsements.

Eureka resident Barry Evans said he was undecided on whether the project is a fit for Humboldt Bay.
“I don’t believe we have the answers yet to these concerns,” Evans said.

President of the Humboldt Watershed Council Mark Lovelace said the matter facing the council is a question of the future, not feasibility.

“When have you ever had this many people for a good idea,” Arcata Mayor Bob Ornelas asked the council, which he told to reject the ERTN and any consideration of a LNG facility.

Eureka resident Rex Bohn said he wants to see job opportunities available in the area for his son.

“If we don’t at least look at an independent report … (it would be) a grave injustice to our future,” he said. “There may be other resource-based opportunities … but we won’t know that without studies.”

“I don’t want to see the view of the bay damaged, but I do want to keep the window open (to opportunity),” Bohn said.

Northcoast Environmental Center Director Tim McKay reported he had 3,500 signatures opposing LNG on Humboldt Bay “and counting.”

Other residents alluded to more of a fight if the city chooses to enter into the ERTN, as well.

Fortuna resident Dorothy Iversen said she and many generations before her have seen Humboldt change, and change is inevitable. She, as a few others, said the strong opposition in attendance Tuesday night wasn’t necessarily representative of Eureka.

“The loudest voices are not always the most accurate.”

Calpine Pulls Out

noreply@blogger.com (Rose) — Tue, 27 Oct 2009 20:50:00 +0000

http://web.archive.org/web/20040611075107/www.eurekareporter.com/Stories/fp-03170409.htm
3/17/04 Calpine Pulls Out
by Leann Whitten
The Eureka Reporter
Calpine Corp. — a San Jose-based independent power producer — withdrew its request for an exclusive right to negotiate agreement for the Samoa LNG project on Wednesday. The adjourned City Council meeting scheduled for Thursday night has been canceled.

In a letter to the Eureka City Council, Calpine representative Ken Abreu said Calpine “is ceasing all development activities on the project as of (Wednesday).”

The company was considering proposing a facility that would receive exports — via tanker at a Samoa Peninsula location — of liquefied natural gas, heat it back to its gaseous state and distribute it via pipeline to the Central Valley. Energy from the plant would have also powered a power plant that Calpine would have built for the area.

“It is the policy of Calpine not to build projects in areas where there is insufficient community support. Based on feedback received from the local community and public officials we feel this decision is best for all parties,” he wrote.

Abreu said Calpine was appreciative of the City Council’s consideration and the city staff’s “fair and diligent” efforts in working with us to present the project.

“We wish the residents of Humboldt County well in their efforts to find a productive and compatible use for their port facilities,” Abreu concluded.

“I think the city council is disappointed that we weren’t able to get this project into some type of process,” City Manager David Tyson said. “The council had been working very hard with other elected officials in the region to try to find a way that was acceptable to move this project forward (that would meet the needs of residents and Calpine).”

Tyson said as Calpine is a corporation, the ERTN agreement was needed to meet its needs.
Tim McKay, executive director of the Northcoast Environmental Center, said he believes without the ERTN Calpine couldn’t secure investors and the corporation doesn’t have the money to fund the $1 billion project itself.

“Thousands of thank yous to all who helped make this ground swell of public opinion penetrate to Calpine's front office,” McKay wrote Wednesday afternoon in a bulk e-mail.

“I think there are other opportunities for the port. … Growing our sustainable fishing industry is the most-important thing to do right now,” McKay said. “I think Humboldt County has a brighter future without an LNG facility than with one.”

Abreu said in an interview with The Eureka Reporter last week, that if the community didn’t want LNG here, then Calpine would not push it.

“If we wanted to (do it without community consent), we wouldn’t have proposed the independent study process.”

“Some people have visions of natural lands used for recreation. Some people feel like a deep-water port should be utilized,” Abreu said. “The people of this county need to make up their minds on which of the two visions makes sense.”

noreply@blogger.com (Rose) — Tue, 27 Oct 2009 20:47:00 +0000

http://web.archive.org/web/20031201092245/http://www.eurekareporter.com/
Ad's Content In Question
(Editor's note: This is the second of a three-part series.)

On Oct. 10, Recall Paul, Committee to Recall Paul Gallegos, ran an advertisement in The Times-Standard outlining the reason recall proponents feel it is in the community's best interest to recall Humboldt County District Attorney Paul Gallegos. Following are the responses from Gallegos and recall committee member Rick Brazeau. more

Oct. 22 Due Date For Signatures

noreply@blogger.com (Rose) — Tue, 27 Oct 2009 20:46:00 +0000

http://web.archive.org/web/20031011121716/http://www.eurekareporter.com/
Oct. 22 Due Date For Signatures
Humboldt County isn't through with a recall effort, Oct. 22 is the last day for more than 11,100 valid signatures to be delivered to the Humboldt County Elections Office in the bid to unseat District Attorney Paul Gallegos.

If the signatures are validated by the Elections Office, the earliest a recall election can take place is March 16. The latest is April 16. more

tangled web of drugs and sex, and murder

noreply@blogger.com (Rose) — Thu, 13 Aug 2009 14:55:00 +0000

◼ Testimony dives into tangled web of drugs and sex in Sanders' case

A friend of 30-year-old McKinleyville man Ezra Sanders, who was shot and killed on Feb. 24, testified that she began to believe that her roommates were behind his death when investigators raided her Eureka house looking for stolen goods weeks later.

Ana Rooney said that during the search, investigators asked her if she knew Sanders, and she recalled hearing her “best friend” Jeffrey Alan Burgess talking about burning his clothes the day of the killing. Rooney testified that she began to feel responsible for Sanders' death because, if it weren't for her, he would not have become acquainted with her roommates and friends who investigators claim killed Sanders.

”I was sick to my stomach,” Rooney said in tears. “I wanted to die ... . I am not a monster and I do not believe this was right.”
Rooney said she had stayed at the Lewis Street house after Sanders' death because she didn't want to believe her friend Burgess was involved in the killing. She testified Wednesday that she moved out of the house after the search.

Sanders was found dead of a single gunshot wound outside his trailer in the Widow White Creek RV Park in McKinleyville around 1 p.m. Feb. 24. Investigators say the murder was a botched robbery, as Sanders' body was found with large amounts of money and some drugs.

Burgess, 39, of Eureka, is charged with Sanders' murder, along with Lukas Larry Mace, 31, of Orleans, Ruben Anthony Peredia, 32, of Eureka, and Tracey Joleen Williams, 35, of Eureka. The four have pleaded not guilty.

At a preliminary hearing Wednesday, Rooney said that the day before the killing, she had sold Sanders an ounce of methamphetamine for $1,400, and that he repaid a long outstanding debt of $300 to her, and loaned her $1,200 to pay off a drug debt. Rooney said that Sanders had been quoted a higher price for an ounce of meth by Williams, after which he came to Rooney for a better deal. Rooney said that Williams may have felt slighted by the transaction.

Rooney also testified that Sanders wasn't treated well at the Lewis Street house, where he showed up to buy and use drugs, and meet with Williams. She described Williams as flaunting herself and engaging in sex to secure drugs from a number of men.

Rooney said that she never told anyone at the Lewis Street house that Sanders was carrying a large amount of money, because she was afraid he might become a target.

”He liked (Williams), but he didn't trust her,” Rooney said, “and he had very good reason not to.”

Attorneys for the defendants on Wednesday questioned Rooney about her memory of the events leading up to Sanders' killing.
Under cross-examination, Rooney repeatedly said Mace was a nice guy who'd begun to stay at the Lewis Street house before the shooting, though she could not recall exactly how long he'd been there. She also said that she believed Mace was merely “caught in the crossfire” of the crime, and that he was likely unaware of the intent of Burgess, Peredia and Williams when they picked him up and drove to Sanders' trailer on Feb. 24.

Defense attorneys also asked Rooney about why she left a volunteer position as a resident advisor at a halfway house before she moved into the Lewis Street residence in December.

Rooney said she left after she broke the rules of the program by allowing a friend of hers to hang out at the house, and decided to resign. Rooney, who is on felony probation, said she began using and dealing drugs when she moved into the Lewis Street house. Rooney also testified that she'd helped Williams' mother bail Williams out of jail after her arrest. When Williams returned to the house, Rooney confronted her about property she believed Williams had stolen from her.

”I came back and I socked her right in the lip,” Rooney said, “yes I did.”

The preliminary hearing continues today.

Upcoming elections

noreply@blogger.com (Rose) — Thu, 13 Aug 2009 14:40:00 +0000

◼ November election filings show candidate shortages
McKinleyville Community Services District Board of Directors. Incumbent Jeff Dunk opted not to seek another term, but both Bill Wennerholm and Dennis Mayo want to do it again.

Altogether, six people are seeking three seats. The challengers are David Couch, Jake Pickering, Dave Varshock and Penny Elsebusch. Please, God, no, not Penny Elsebusch and Jake Pickering!

McKinleyville Union School District board, which governs the community's three schools: Morris, Dows Prairie and McKinleyville Middle School. Incumbents Barbara Kelly and David Alan Smith are seeking another four-year term. They're facing challengers Justin Zabel, Don Rosebrook and Tim Hooven.

Manila Community Services Board of Directors incumbents Charles McDaniels or Shelley Lima decided to run again. However, five residents are seeking their four-year seats: Zachary Thoma, John Walker, Robert Rose, Dendra Dengler and Michael Fennell.

Then, for some reason, there's a big focus on the 2010 Supervisor race.
◼ Duffy won't be seeking a third term
◼ Duffy Out, Cleary In for 2010 Race

interesting org related stuff

noreply@blogger.com (Rose) — Thu, 13 Aug 2009 02:12:00 +0000

saving...
◼ Who’s funding the Obamacare Astroturf campaign?
By Michelle Malkin • June 24, 2009 01:40 AM

My syndicated column today investigates the deep pockets behind the “grass-roots” campaign for Obamacare. Chicago crony/White House senior adviser David Axelrod is, of course, the master of astroturfing. So it certainly comes as no surprise that left-wing puppetmasters are behind the government health care takeover lobby. But an informed citizenry needs to know the nitty gritty details.

Will the ABC “All Barack Channel” News health care infomercial tell viewers about the cabal at 1825 K Street (a far Left office complex/headquarters that is the Washington DC analogue of the 1024 Elysian Fields ACORN headquarters in New Orleans, which I first reported on in August 2008)?

Will they tell viewers about the First Lady’s patient-dumping scheme?

Of course not.

So: Read. Learn. Pass it on. Help do the job the rest of the government-directed stenographers won’t do.
***

Who’s funding the Obamacare Astroturf campaign?
by Michelle Malkin Creators Syndicate Copyright 2009

If you believe the White House, there are 30 million Americans who support a government health care takeover. But if you look at the funding behind the Obamacare Astroturf campaign, it’s the same few Leftist billionaires, union bosses, and partisan community organizers pushing the socialized medicine agenda. Let’s connect the dots.

On Thursday, a national “grass-roots” coalition called “Health Care for America Now (HCAN)” will march on Capitol Hill to demand universal health care. The ground troops won’t have to march very far. HCAN, you see, is no heartland network. It is headquartered at 1825 K Street in Washington, D.C. – smack dab in the middle of Beltway lobby land.

In fact, 1825 K Street is Ground Zero for a plethora of “progressive” groups subsidized by anti-war, anti-Republican, Big Nanny special interests. Around Washington, the office complex is known as “The Other K Street.” The Washington Post noted in 2007 that “[i]ts most prominent tenants form an abbreviated who’s who of well-funded allies of the Democratic Party… Big money from unions such as the Service Employees International Union (SEIU) and the American Federation of State, County and Municipal Employees, as well as the Internet-fueled MoveOn, has provided groups like those at 1825 K Street the wherewithal to mount huge campaigns.”

MoveOn, of course, is the recreational political vehicle of radical liberal sugar daddy George Soros. The magnate’s financial fingerprints are all over the HCAN coalition, which includes MoveOn; the action fund of the Center for American Progress (a Soros think tank); and the Campaign for America’s Future (a pro-welfare state lobbying outfit).

HCAN has a $40 million budget, with $10 million pitched in by Atlantic Philanthropies – a Bermuda-based organization fronted by Soros acolyte Gara LaMarche. Also in the money mix: Notorious Democrat donors Herb and Marion Sandler, the left-wing moguls who made billions selling shady subprime mortgages and helped Soros fund his vast network of left-wing activist satellites. By their side is billionaire Peter Lewis of Progressive Insurance, whose “Progressive Future” youth group has dispatched clueless volunteers armed with clipboards and literature bashing Rush Limbaugh and Fox News to scare up support for Obamcare.

And two more left-wing heavyweights joining the HCAN parade: the corruption-riddled SEIU (which has battled numerous embezzlement scandals among its chapters across the country while crusading for consumer and patients’ rights) and Obama’s old chums at fraud-riddled ACORN, the Association of Community Organizations for Reform Now.

ACORN and HCAN are linked by left-wing philanthropist Drummond Pike, who heads the non-profit Tides Foundation/Tides Center. As the tax disclaimer for HCAN discloses, “HCAN is related to Health Care for America Education Fund, a project of The Tides Center, a section 501(c)(3) public charity.” For decades, the Tides Center and its parent organization, the Tides Foundation, have seeded some of the country’s most radical activist groups of the Left, including the communist-friendly United for Peace and Justice, the jihadist-friendly National Lawyers Guild; and the grievance-mongering Council for American-Islamic Relations.

Pike is the same philanthropist who assisted ACORN founder Wade Rathke after his brother, Dale, was caught embezzling nearly $1 million from the community organizing group. Rathke sits on the Tides Foundation board of directors. In a conspiracy to cover up Dale Rathke’s massive theft of funds, Pike volunteered to buy a promissory note worth $800,000 to cover the debt. These are the populist do-gooders supposedly looking out for you and your health.

Why do they want Obamacare? An internal ACORN memo I obtained from August 2008 makes the motives clear. “Over our 38 years, health care organizing has never been a major focus either nationally or locally for ACORN,” wrote ACORN Philadelphia region director Craig Robbins. “But increasingly, ACORN offices around the country are doing work on health care.” The goal: “Building ACORN Power.” The memo outlines the ACORN/HCAN partnership and strategy of opposing any programs that rely on “unregulated private insurance” – and then parlaying political victory on government-run health care “to move our ACORN agenda (or at least part of it) with key electeds that we might otherwise not be able to pull off.”

The objective, in other words, is to piggyback and exploit Obamacare to improve and protect their political health. The “grass-roots” movement is not about representing Main Street. It’s about peddling influence and power on 1825 K Street.
Malkin is author of the forthcoming “Culture of Corruption: Obama and His Team of Tax Cheats, Crooks & Cronies” (Regnery 2009).
Posted in: ACORN Watch, Health care

Lots more on this at the link above

Plea Deal

noreply@blogger.com (Rose) — Thu, 30 Jul 2009 14:50:00 +0000

◼ One suspect in 2008 Cutten killing takes plea deal

One of two defendants accused of participating in a December 2008 home invasion robbery that left a Cutten man dead pleaded no contest Tuesday to voluntary manslaughter and related drug charges.

Jury selection for the trial of Jason Leon Belles, 31, and Jonathan Henry Watson, 30, was set to begin Monday but Belles pleaded Tuesday to reduced charges. He will be sentenced Aug. 21. The stipulated term of the plea deal was seven years and eight months in prison, according to court documents.

Belles' attorney William Bragg said that although they felt Belles had a good defense for the jury trial, Belles did not want to risk a life sentence.

”My client evaluated the risk involved in the case of taking it to trial and was not willing to risk the rest of his life on that,” Bragg said. “I could not guarantee my client that I could win the case. No attorney can.”

With good behavior, Belles may only have to serve 85 percent of his proposed sentence, or about six-and-a-half years, minus time already served, Bragg said.

Belles accepted the plea deal from Deputy District Attorney Max Cardoza that reduced a murder charge to voluntary manslaughter; a first-degree burglary charge to transporting more than an ounce of marijuana; and a first-degree attempted robbery charge to possessing marijuana for sale, according to court documents. A second attempted robbery charge was dismissed.....

Watson's jury trial is now scheduled to begin Aug. 5 with jury selection beginning Aug. 3, according to court documents. He is charged with murder, first-degree robbery, first-degree burglary and being a felon in possession of a firearm.

2nd Installment - isuse of the grand jury against law enforcement

noreply@blogger.com (Rose) — Tue, 28 Jul 2009 20:02:00 +0000

LDF - Misuse of grand jury
This is the second installment of the Misuse of the grand jury against law enforcement article, continued from last month. In this installment, we cover the pre-trial investigation, use of outside experts, the applicable law, and the successful result of extensive pre-trial motions. BY WILLIAM R. RAPOPORT
Part 2 — Pretrial Investigation

Although legal challenges to the validity of the charges would be vigorously argued in pretrial defense motions, it was nonetheless necessary to simultaneously proceed with matters in preparation for trial. While there are many facets to the pretrial investigative activities undertaken in this case, the initial efforts focused on a critical review and evaluation of witness statements.

Subsequent efforts would involve an analytical incident reconstruction in order to contrast and/or reconcile witness statements with the available evidence.

One of the prosecutor’s assertions in alleging criminal negligence was that the Eureka PD SWAT team made a warrantless entry into Cheri Moore’s apartment in the absence of exigent circumstances. Offered in support of this assertion was the fact that the Vern’s furniture showroom, across the street from Moore’s apartment, was not completely evacuated by the police. Humboldt County District Attorney Paul Gallegos argued that this demonstrated that the officers did not truly consider Moore to be a threat.

In fact, Vern’s management was advised that all persons on their premises should remain on the opposite side of the building, away from 5th Street. In what may be described as an exercise in basic geometry and trigonometry, it was possible for the defense to conclusively demonstrate that Moore’s potential field of fire extended less than halfway into Vern’s showroom. Thus, the directive to remain on the east side of the building was both reasonable and sufficient for the safety of the persons on the premises.

A more critical issue was raised in terms of the ability of the SWAT patrol rifleman to have seen Moore’s hands from his rooftop vantage point. Both at the Coroner’s Inquest, and again at the grand jury, witnesses were shown the scene photographs taken by investigators shortly after the shooting of Moore. All the photos show the upper pane of the north window in the closed position. This was the window where Moore was standing when the patrol rifleman communicated the “hands free” signal.
The SWAT observer in the Mason’s building testified that although he was closer and was using binoculars, he never saw Moore’s hands free when he heard the signal broadcast.

Some members of the media fueled the speculation that a bogus “hands free” signal was given as a pretext to enter Moore’s apartment and use deadly force to end the standoff. Following the Coroner’s Inquest, the editors of the North Coast Journal raised the question, “Why didn’t the spotter with the best view of Moore see her hands?” While not directly accusing the patrol rifleman of lying, District Attorney Gallegos was more than pleased to leave the grand jury with the impression that one of the two tactical observers was being untruthful. In the event of a jury trial, this apparent breach of credibility would weigh heavily against the defense.

DA Gallegos made a cardinal error in failing to thoroughly investigate the statements and testimony given by the patrol rifleman, who reported that he saw Moore’s hands free when she reached with her right hand for the latch to close the window. Instead, Gallegos apparently chose to go with the testimony of the SWAT observer and to leave the glaring contradiction unresolved in the eyes of the jury. This investigative failure would be akin to ignoring an alibi offered by a suspect. Even a novice in criminal law would be expected to have the sense to evaluate the credibility of an alibi.

In February 2008, nearly two years after the incident, defense investigator Michael Schott, working with this author on behalf of SWAT team commander Lt. Tony Zanotti, requested and obtained images captured during the standoff by a Eureka Reporter newspaper photographer. Unlike all of the evidence photos, these images showed the upper north window to Moore’s apartment to be open.

This should have come as no surprise to the prosecution, since these and similar images had previously appeared on the front pages of the local newspapers. In addition, TV news reports had also featured video clips showing the same window to be open shortly before the shooting. A Eureka Reporter staff member advised that no one else, including members of the District Attorney’s Office, had ever requested these photos.

In the course of resolving the “hands free” paradox, the LDF defense began with the premise that both spotter officers were telling the truth. The next step would involve reconstruction of the incident with respect to the view each spotter had as the final moments leading up to the shooting unfolded.

In March 2008, the LDF defense team formulated a plan to obtain detailed measurements and photographs at the scene on or about April 14, the two-year anniversary of the incident. formulated a plan to obtain detailed measurements and photographs at the scene on or about April 14, the two-year anniversary of the incident. Charts and certified weather observations were obtained from the National Climatic Data Center for the time of the shooting on April 14, 2006.

Due to the 2008 leap year, it was determined that the nearest matching conditions in terms of sunrise, sunset, solar azimuth and elevation would occur at 12:33 p.m. on April 13, 2008. In particular, the angle of the sun would be a nearly exact match to that on the date of the incident. Using digital imaging techniques, it was possible to locate the exact station or position from which the news photo had been taken.

With current photos taken from the original camera station, further forensic imaging techniques enabled the scene investigators to position the windows of Moore’s former apartment nearly identical to the positions shown in the news photo, the exact position of the North Window at the time the “hands free” signal was given.

Beginning at about 12:33 p.m., photographs of the apartment windows were taken from the position of the SWAT observer on the third floor of the Mason’s building. Photos were also taken from the rooftop where the patrol rifleman had been stationed.

Through a process of uniformly scaling the photos and creating semi-transparent digital overlays, the defense was able to establish that at the time of the “hands free” signal, the SWAT observer’s view of Moore’s right hand was blocked by objects and paper signs which Moore had placed in the window. Conversely, the photos taken from the vantage point of the patrol spotter unequivocally demonstrated that he did, in fact, have a clear view of Moore’s hands when he uttered the “hands free” radio transmission.

Part 3 — Outside Experts

In the search to locate experts to assist in the defense of Zanotti and Chief Dave Douglas, this office contacted a few lawyers who, in turn, contacted a few people in local law enforcement, and came up with two names to be called to explore their expertise in SWAT. One of those experts was David W. Bliss of International Training Resources in Mountain View, California.
As it turned out, Bliss had been, for years, training the Eureka PD’s SWAT team and was very familiar with this particular operation.

The other name was Stuart A. Meyers of Operational Tactics, Inc., in Hagerstown, Maryland. Meyers turned out to be the beginning of a serendipitous sequence of events that proves that at times “it is better to be lucky than good.” I placed a cold call to Meyers and explained my function in representing Lieutenant Zanotti in a SWAT operation in Humboldt County, California. I was sure that he did not know anything about it, but I wanted to ask him some questions.

To my surprise, Meyers told me that he did, in fact, know about this operation and explained to me that in June 2007, he had received a call from the chief investigator for the Humboldt County District Attorney’s Office, who ran the facts by him at that time. Meyers had taken notes of that conversation and confirmed that he had told the investigator that he, Meyers, didn’t see any criminal liability.

The California Supreme Court, in Johnson v. Superior Court (1975) 15 Cal. 3rd 248, held that the prosecution has an affirmative duty to advise the grand jury of known exculpatory evidence. So compelling was this Supreme Court decision that following that decision, the California legislature enacted Penal Code §§939.7 and 939.71, which codified this obligation, recognizing that the grand jury is a tool of the prosecution, and if the prosecution doesn’t tell the grand jury about such exculpatory evidence, they would not know to ask to hear it and, therefore, one side of the story would be completely missing, i.e., the defense.

Meyers had an incredible resumé, including training of hundreds of law enforcement agencies in SWAT tactics across the United States, training of multiple U.S. armed forces units, and having been selected as a special consultant to train the SWAT/sniper teams for deployment operations at the 2002 Olympics in Salt Lake City, Utah.

After I reviewed the grand jury transcript, it was clear that nowhere was his name mentioned by the district attorney - an obvious violation of the holding in Johnson v. Superior Court and Penal Code §§ 939.7 and 939.71.

With this as a starting point, I discussed with both Sergeant William Nova (the present head of the SWAT operations for the Eureka Police Department, who was on light duty on the date of the incident) and Lieutenant Murl Harpham (the former founder of the Eureka Police Department SWAT unit), both with extensive tactical experience, whether or not they had had any contact from the chief investigator from the District Attorney’s Office regarding this case.

Both told me, separately, that they had been questioned by the investigator and, like Stuart Meyers, each had advised the investigator that this was a textbook operation and they did not see any criminal liability.

As it turned out, the District Attorney’s Office also failed to mention either of these witnesses during the grand jury proceedings. With declarations from Meyers, Sergeant Nova and Lieutenant Harpham - all reciting the same scenario - the “Johnson Motion” took full form. When faced with this motion, the district attorney and his chief investigator filed declarations in opposition to the motion. Meyers, Nova, and Harpham responded, using terms that characterized the opposition as misleading and false.

Over a period of several months after the grand jury indictment was returned (based on incomplete information), I also received dozens of calls from SWAT commanders throughout the United States expressing concern about this indictment. In order to find some outside, yet local, expertise, I contacted Ron McCarthy, a retired sergeant from the Los Angeles Sheriff’s Office, now doing private consulting in SWAT tactics. McCarthy is located in San Clemente, California, and has an extensive background in SWAT expertise and has trained and taught in California and in other states.

I was advised that I might want to also contact Deputy Chief Mike Hellman of the Los Angeles Sherriff’s Office regarding his input into the propriety of this SWAT operation. Deputy Chief Hellman, at his own expense, put in hundreds of hours reviewing transcripts and reports and advising me regarding the propriety of each step of the operation.

At this point, I was comfortable with the level of expertise that we had brought to bear on the tactical aspect of this SWAT operation, but now needed assistance on the legal aspects of the viability of this indictment.

With the authority of the Legal Defense Fund, I enlisted the aid of an outside research attorney - Renee Barenson of Redwood City, California - whose history included an assignment as clerk for the California Supreme Court for 6 ½ years. Barenson, on behalf of Lieutenant Zanotti, worked diligently with the assistance of attorney Greg Rael in Eureka (her counterpart in the “legal eagle” side of this case) to address the substantial legal deficiencies in the district attorney’s presentation of instructions and arguments to the grand jury, which helped me prepare for the Johnson Motion.

Part 4 — The Law that should have been givento the grand jury

Under California Penal Code §995(a)(B), an indictment shall be set aside by the Court, upon a defendant’s motion, if the defendant has been indicted without reasonable or probable cause. Greg Rael (on behalf of Chief Douglas) and Renee Barenson (who was specially hired by the PORAC Legal Defense Fund on behalf of Lieutenant Zanotti) set about to review with a fine tooth comb the Grand Jury Transcripts (1,687 pages) and the numerous exhibits, jury instructions, and argument by the district attorney. What they discovered can only be characterized as a “Target Rich Environment.” Their 73-page brief under Penal Code §995, and their 25-page rebuttal to the district attorney’s opposition, were models of excellence in legal research and writing. In short, these briefs proved that the district attorney was shown to have clearly violated established law in his instructions and arguments to the grand jury in numerous aspects. In the conclusion, they cited two quotes from cases that have shown the abuse of the grand jury system.

The first was Justice Douglas of the U.S. Supreme Court, who stated: “This great institution of the past [the grand jury] has long ceased to be the guardian of the people for which purpose it was created at Runnymede. Today it is but a convenient tool for the prosecutor – too often used solely for publicity. “Any experienced prosecutor will admit that he can indict anybody at any time for almost anything before any grand jury.”

In addition, they cited the case of United States v. Navarro-Vargas (9th Cir. 2005) 408 F.3d 1184 at 1194: “Currently, grand jurors no longer perform any other function but to investigate crimes and screen indictments, and they tend to indict in the overwhelming number of cases brought by prosecutors. Because of this, many criticize the modern grand jury as no more than a ‘rubber stamp’ for the prosecutor.

“Day in and day out, the grand jury affirms what the prosecutor calls upon to confirm – investigating as it is led, ignoring what it is never advised to notice, failing to indict, or indicting as a prosecutor ‘submits’ that it should.”

The only citation which I personally wanted to see in this brief, but the cooler legal minds prevailed, was the following: “The fundamental criticism of grand juries can be stated simply. Many believe that the ‘shield’ works poorly and that the ‘sword’ works only too well. The grand jury is frequently criticized for failing to act as a meaningful check on the prosecutor’s charging decisions; according to the clichés, it is a ‘rubber stamp,’ perfectly willing to ‘indict a ham sandwich’ if asked to do so by the government.”

In the end, the defense opined to the Superior Court in Humboldt County that it had the option of granting an extremely well-documented and researched Penal Code §995 motion, thereby dismissing the action without having to address the Johnson Motion, or addressing the Johnson Motion, which would require the Court to make findings on the credibility of two law enforcement officers for the Eureka PD versus the chief investigator for the District Attorney’s Office, as they had made diametrically opposed declarations under penalty of perjury. That was the status of the pre-trial motions as they came up for hearing on Aug. 26, 2008.

Part 5 — The result of extensive pretrial motions

To borrow the saying from Paul Harvey: “And now ...the rest of the story.”

After oral argument on Aug. 26, 2008, the Honorable John T. Feeney, Superior Court judge in Humboldt County, announced to a packed courtroom of law enforcement officers from all over Humboldt County and the California Highway Patrol, that he had made findings under Penal Code §995 as follows: The indictments were not supported by probable cause;

The entry into Cheri Moore’s apartment without a warrant was lawful, given (a) her earlier brandishing of a firearm at the officers, and (b) the exigent circumstances of her threat to burn down the apartment building;

There was not reasonable or probable cause to support a finding or conclusion that any law enforcement officer involved, including Douglas and Zanotti, committed an unlawful act or acted in an aggravated or reckless manner, causing the death of Cheri Moore;

And there was insufficient evidence presented to the grand jury to support a finding that Douglas and/or Zanotti failed to adequately supervise the SWAT and Crisis Negotiation teams.

The Court made other findings about the district attorney’s failures to present relevant law and instructions to the grand jury, but the bottom line, according to the Court, was “The § 995 Motion is granted and the charges are dismissed.”

CONCLUSION

Having been involved in the defense of police officers for 34 of my 38 years in the practice of law, it is inconceivable to me that these proper results could have been achieved without the confidence and commitment of the PORAC Legal Defense Fund.
As you can see, every effort was brought to bear on this nationally important issue, and the PORAC Legal Defense Fund recognized the importance from the outset.

On behalf of myself and Lieutenant Antonio Zanotti, we cannot begin to thank the PORAC Legal Defense Fund enough for its unwavering support leading to this just and proper conclusion, and justice for all of those officers around this country involved at every level in Tactical Police Operations.

Charts and certified weather observations were obtained from the National Climatic Data Center for the time of the shooting on April 14, 2006.

Due to the 2008 leap year, it was determined that the nearest matching conditions in terms of sunrise, sunset, solar azimuth and elevation would occur at 12:33 p.m. on April 13, 2008. In particular, the angle of the sun would be a nearly exact match to that on the date of the incident.

Using digital imaging techniques, it was possible to locate the exact station or position from which the news photo had been taken. With current photos taken from the original camera station, further forensic imaging techniques enabled the scene investigators to position the windows of Moore’s former apartment nearly identical to the positions shown in the news photo, the exact position of the north window at the time the “hands free” signal was given.

Beginning at about 12:33 p.m., photographs of the apartment windows were taken from the position of the SWAT observer on the third floor of the Mason’s building. Photos were also taken from the rooftop where the patrol rifleman had been stationed.

Through a process of uniformly scaling the photos and creating semi-transparent digital overlays, the defense was able to establish that at the time of the “hands free” signal, the SWAT observer’s view of Moore’s right hand was blocked by objects and paper signs which Moore had placed in the window. Conversely, the photos taken from the vantage point of the patrol spotter unequivocally demonstrated that he did, in fact, have a clear view of Moore’s hands when he uttered the “hands free” radio transmission.

◼ Source

Supes appoint Linda Atkins to North Coast Railroad Authority

noreply@blogger.com (Rose) — Thu, 25 Jun 2009 14:56:00 +0000

Supes appoint Linda Atkins to North Coast Railroad Authority
http://www.times-standard.com/localnews/ci_12686197

Jessie Faulkner/The Times-Standard
Posted: 06/25/2009 01:15:37 AM PDT

Eureka City Councilwoman Linda Atkins will take a seat on the North Coast Railroad Authority board of directors at the end of the month.
The Humboldt County Board of Supervisors voted 4-1 to approve the appointment this week, with 5th District Supervisor Jill Duffy dissenting and adamantly stating her opposition -- not to Atkins, but to the application process.
Among her primary objections was the treatment of long-time NCRA board member Charles Olivier, whose seat Atkins will assume, as well as the lack of complete information on the applicant's philosophies and the related discussions held out of the public process.
Duffy said such handling of the matter creates strife on the board and in the community, and is insulting to the incumbent.
”In my opinion, it feels like a real slap in his face,” she said.
Third District Supervisor Mark Lovelace broached the subject earlier in the meeting, noting that he had heard comments in the community complaining about the suddenness of the appointment. Lovelace denied that contention, noting that the term's end was publicly posted as required on Dec. 16 and that he had met with all the applicants -- including incumbent Olivier -- and had read all the associated letters and supporting documentation.
”This hasn't been something sudden,” Lovelace said.
Lovelace later said that he had spoken with Olivier and was told that the incumbent wasn't interested in requesting
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reappointment. However, on Monday, Lovelace said he had received a letter of interest from Olivier and applicant Dan Hauser, the latter throwing his support to the incumbent.
Second District Supervisor Clif Clendenen, who with 4th District Supervisor Bonnie Neely sponsored the agenda item, said he wasn't aware of a two-step process in making the appointment and had limited his discussions about the appointment to those with the item's co-sponsor due to Brown Act rules. Clendenen, who represents the board on the North Coast Railroad Authority, said he had spoken with the authority board's Chairman Allan Hemphill at the last meeting and learned at that time of Olivier's interest in staying on the board.
At the invitation of the board, Olivier took to the podium, citing his broad experience on West Coast ports and strong belief in the potential for the area pending improvements to what he described as 19th century infrastructure.
Olivier said he wasn't like Napoleon Bonaparte.
”We can all be replaced,” he said, “including me. If my term is over, I've enjoyed it all .... Either way, I'm a cheerleader. I'll continue to be a cheerleader of creating jobs here.”
Duffy wasn't alone in her concerns about the process. McKinleyville resident Dennis Mayo questioned how the recommendation for Atkins had come forward, why the board was considering replacing Olivier and, if so, why wasn't that replacement Dan Hauser, a former executive director of the North Coast Railroad Authority.
”To me,” he said, “the decision would be very clear, you choose Charles Olivier ... . I'd like to see this thought out a little more thoroughly.”
Ken Skaggs, a self-described resident of the greater Eureka area, said his vision was one of a Humboldt County with good-paying jobs. The railroad and harbor bring in industry that makes sense for Humboldt County, he said. The county needs a strong supporter of the railroad, he said.
The majority of the board remained at odds with Duffy's assessment that the process had gone wrong.
”I feel comfortable with the process and the recommendation to the board,” Neely said.

Voting NO is not enough

noreply@blogger.com (Rose) — Wed, 20 May 2009 20:31:00 +0000

◼ California voters kill budget measures
The "big five" elected leaders -- Schwarzenegger and the legislative chieftains from both houses -- are slated to begin closed-door meetings today...

There's the source of your problem, and it is going to be more of the same. These are the people whose job it has been to keep the state financially healthy, whose job it was to make sure that they did not spend more than they had, and whose job it was to plan for a rainy day.

Instead they spend, and spent and spent, and they fought the Governor when he tried to make needed cuts. Again and again and again. They have had their chance. This last ditch attempt to get the voters to allow them to keep spending has failed. Their caucusing to defeat the opposing party has kept them from working for the people.

Now it is time to remove every last one from office - and failing that, since it cannot and will not happen, strip them of their party associations and affiliation for as long as they hold elected office. Force them back to work for the people they so wanted to serve, and not the party the ended up serving.