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Letters (June 17, 2015)

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ASSESSING THE ASSESSOR & COUNTY COUNSEL

Editor,

Continuing my last letter in May about the Assessor’s Office committing illegal acts regarding an ordinary property line adjustment and getting away with it. As I said before, we tried to get the reasons the Board of Supervisors rejected my claim. The girl at the County Counsel’s Office said she would get me the minutes of the Board of Supervisors’ meeting and send them to me. I told her those minutes are public records, and so it was illegal for the County Counsel to have said that there were no records other than those I already have. But the minutes only said that the three complaints/claims had been rejected with no reasons. One of the three was mine.

So back I went to the County Counsel’s Office. This time I got County Counsel himself, Mr. Doug Losak, who more or less said he didn’t know if the Board had any knowledge of the complaints, which is strange as I presume he was there at the meeting, as he is the Lead Counsel, and is supposed to be there.

Originally the Assessor’s Office said I should file a complaint because someone should have told me when it was on the Board calendar and that I should have been there to elaborate on the claim. That’s common decency and perhaps fraud, if they knew what was going to happen. The average citizen knows little of how government works and it is the government’s obligation to inform the citizens of these procedures and not hide them. In a law dictionary “fraud” is intentional deception which includes the Assessor and Legal Counsel.

To be continued.

Emil Rossi

Boonville

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THANKS JACQUI & CALTRANS

Editor,

I would like to thank Jacqui Harding for informing Caltrans that it was difficult to exit Indian Creek Road heading south on Highway 128 because of the trees that were hindering our vision. And thank you Caltrans for cutting some of the problem vegetation and for staying in touch to inform us that more will be done in a couple of weeks.

Sincerely,

Phil Harding

Philo

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HELP CLAUDIA SURVIVE

Dear Editor,

I'd like to call attention to a local fundraising campaign by Claudia Jimenez, owner of All That Good Stuff, who has deemed it necessary to turn to the community to help ensure the survival of her store.  As anyone who has ever had the pleasure of conversing or doing business with the engaging Miss Jimenez knows, Claudia and her store represent an important defense against continued stratification of the Valley, and as such, should merit the consideration of your support.  Her campaign can be seen at: www.gofundme.com/vn7kr4

Thank you,

Chris LaCasse

Salt Lake City

PS. Thank you for sending the back issues I lost as a result of moving; I duly overindulged myself on McEwen and Washburne--keep it up!

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THE ORCHARD AVENUE GAMBLE

To the Editor:

Every time that I drive on that handy stretch of road from the North end of Orchard Avenue up Bush Street to North State and Low Gap, I shudder at the many driving and walking hazards that there are on such a short stretch. This presents even more danger than usual as it connects to and is used by so many that are continuing on to Low Gap going up to Ukiah High School by car, bicycle, or on foot. Anyone who has driven on it can see and feel how unsafe it is and has been for too many years. (I thought that it would be repaired after the new Orchard road connection was made to it.) To cite some of the problems: Bumpy, irregular surface, little or no shoulder, not uniform in width, No continuous painted lines in center or sides of road, few, if any, street lights, extra-wide trucks parked by Daniel’s Steel.

Isn’t it about time to attend to this unsafe eyesore, but good shortcut, in our City?

Francine Bearden

Ukiah

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FRAUD, AN EXCHANGE

Dear Editors,

On June 11, 2015, you posted on-line a paragraph evidently authored by Don Mullinax, “certified fraud investigator.”  (I read the piece on my radio program that evening, on KPFZ 88.1 FM, and it generated quite an interest.)

“AS A GENERAL RULE, fraud is possible in any set of circumstances that are unusual in nature or vary from normal activity. Problems arise when these warning signs are ignored or not adequately investigated. Such warning signs may include: a single vendor receiving a majority of contracts, refusal to produce records and files, significant lifestyle change of people involved in bond program, refusal to take vacations (for fear someone else will look at the books), turning down promotions or transfers, no exceptions or errors (reports are "too clean"), lack of separation of duties (minimal checks and balances), successful bidders subcontracting to losing bidders, winning bidder always bids last, losing bidder cannot be located in business directories, numerous or large dollar change orders, and invoices without addresses and phone numbers for vendors, and costs billed not consistent with progress of construction. Change orders are a big deal. Contractors will bid low, then add change orders sometimes the day after they get the contracts. — Don Mullinax, certified fraud investigator”

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I am curious as to why that piece was published? It reads like a response to an inquiry, perhaps, or an excerpt from a presentation that might have been delivered by the author, not necessarily in conjunction with a particular investigation (although the allegations against KZYX practices might lead one to think there is a significant level of hanky-panky going on there, and that the accusations of its board members and member candidates certainly echo the description in Mr. Mullinax’s opining).

Of course, I am deeply involved in attempting to unearth the truth about one of our County’s most mysterious agencies, and the descriptions he provided include some that strongly resemble the situation here. Do you folks know Mr. Mullinax, by some chance? (I googled, of course, but I’m no less daunted by the official orientation — it being that to employ a CFI one must already have a corporate attorney taking up one’s cause. There’s not a single attorney here that would dare, if they had the knowledge and moral compunction to begin with, to charge the agency with anything. Lord knows if it’s actual “fraud” or just stupidity, but the practices are so bad that everyone in the County [Lake] is getting screwed.)

I also looked up the Association of Certified Fraud Investigators, which has a San Francisco chapter.  I’ll give them a call, for wont of anything else to try, but if you have any thoughts on how to elicit legal support for this misbenighted governmental outhouse, please send them my way. (I did contact Rod Jones, but he declined owing to his own priorities, alas).

Meanwhile, huzzah to the 800th Anniversary (June 15, 1215) of the Magna Carta! That and the AVA are my constant inspirations, over here in this political wilderness.

Affectionately yours,

Betsy Cawn, The Essential Public Information Center

Upper Lake, CA 707-275-9376

epi-center@sbcglobal.net

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Dear Ms. Cawn,

I'm on our local school bond oversight committee. Committee members are automatically sent news bulletins from the California State Association of School Bond Oversight Committees. Plus some of us have our own informal email connections. That quote came in one of those as part of a larger article from somewhere related to much larger school bond projects where, of course, occasionally, there really is fraud on a large scale. Unfortunately, I didn't save the email (I don't even remember if it was from the Bond Oversight Association or one of the informal ones. I just thought it was a useful summary worthy of note with, as you say, echoes locally.

(It could have been the LA Schools’ use of construction bond money to give iPads to all the students and teachers at LA Unified, now that I think about it. I think the LA School Superintendent is under investigation by the FBI — apart from the crazy idea of using such construction bond funds for iPads!)

I'd say your best bet is the local Grand Jury there. Ours has been a little better in recent years although the County steadfastly refuses to agree to anything, ever. (Mental Health Director Tom Pinizzotto, case in obvious point.) In that case I even emailed the GJ's Conflict of Interest report to the losing bidder (a big national outfit called Optum) and told them they should sue to have the bid process re-done without Pinizzotto. No response either. There are entire books on this subject nationwide. For example:

https://en.wikipedia.org/wiki/The_Cheating_Culture

Best, Mark Scaramella/AVA-Boonville

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Dear Mr. Scaramella,

Thanks for this info (had no idea the problem set was so comprehensive, as described in the Wikipedia); I feel so completely ignorant but that seems to be the sisyphean job of work.

I do remember the scandal at the LA School District over the iPads (every now and then I deign to scan the LA Times on line, but I have to be pretty desperate for easy reading material).

Our Grand Jury is instructed/directed by our County Counsel — a few years ago she forbade the jury from investigating a major cesspool involving my local senior center (a GJ member at the time happened to be related to one of the center’s board of directors, a former county supervisor at that).

But of course, I’ll keep trying — Grand Jury, State Controller’s office, OIG, whatever I can muster the energy for.  I’ve certainly paid close heed to your coverage of the school board and the Mendo Mental Health insanity (I work with our MH and other Adult Services agencies from time to time — we’re all scared silly that the County supervisors will outsource our meagerly accessible services to Ortner, just because they love that sort of thing).

And, what the heck, I’ll call up the CFE people — why not?  Thanks again for AVA and all of you.

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POINT ARENA SCHOOL BOARD STILL DOESN’T GET IT

Editor,

I listened to the May 29th Board Meeting and would like to make the following statement:

Violations of Brown Act Law:

54954(a) – 54944.2 (a) Public Meeting

Page 5 of the Grand Jury Report states, “The governing bodies indicated above should be aware that the comment or response of the governing body MUST BE conducted subject to the notice; agenda and open meeting requirements of the Brown Act”.

The May 29, Board Meeting ignored this statement and in doing so committed the above Brown Act violations. Although the Board’s response to the Grand Jury was voted on at this meeting, it was not available to the public and/or the board until the agenda item was discussed. The Board did not have the 72 hours required to properly go over the information in order to provide an informed vote nor did it give the public the same 72 hours in which it could make comment. Over half of the responses under “Fact Section” stated “The Board’s response to this paragraph was included in the “Findings” Section” and, yet, the Board voted on the page with no knowledge (so it was stated on the CD) what the Findings

Section reported to the Grand Jury!

54954.3 (c) Public Testimony states: “When a member of the public testifies before a legislative body, the body MAY NOT prohibit the individual from criticizing the policies, procedures, programs or services, of the agency or acts or omissions of the legislative body”.

This was violated along with Board Bylaws and/or Government Codes when Trustee DeWilder called Mr. Jacobs names and pounded his fist on the table, coming out of his seat and approached the public. We all know this was not the first time Mr. DeWilder acted in a way unbecoming a Board member. Yet, Mr. Miles, Ms. Bates and others conclude it was due to his “passion”. I am sorry the law prohibits this type of action whether it is for passion, ignorance of the Law or a just plain I don’t care attitude.

Yes, Mr. DeWilder, you do “have freedom of speech”. However, when you take an oath to abide by the laws that govern this Board it makes you accountable for your actions and what you can or cannot say. These are laws each and every member of this Board, after taking the oath, is accountable to abide by. If he is not going to abide by these rules and regulations members of this Board have an obligation to the community and this district not to dismiss words and actions as it has previously been done but he should be asked to step down as a Board member and, at this point in time, I believe he should.

I have to say it was somewhat absurd to hear Mr. DeWilder to tell a parent “you reap what you sow” and “actions have consequences” on the CD. I was stunned – a Trustee who has had absolutely no consequences to his actions certainly is not the ideal Board member to be speaking to a parent that way!

I believe this would also apply to Trustee Cione who needs to keep her words in check. Twice on the tape she clearly states, “Oh Jeez” when Mr. Jacobs is speaking. This also is the above Brown Act Law violation and it needs to be made clear will not be tolerated by this Board for any reason!

I commend Mr. Jacobs for all he has been able to accomplish that I was unable to do in the seven years I attended Board meetings.

He is absolutely right when he states he is not alone in his statements regarding this board. I still have many members of the community approach me thanking me although I do let them know I am not as involved anymore. Also, I believe his job is far from over and I hope he continues to hold steadfast in his quest to make sure the Board abides by the oath they swore to when they took office or they should remove themselves from the Board.

Respectfully,

Suzanne L. Rush, Manchester

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OOPS, WRONG STATION

Editor,

After a healthy hiatus I mistakenly turned on NPR at 5am this morning. It has really given me a fresh perspective on the cunning plot hatched by these neophytes.

Whoever says that NPR is not thoroughly lobotomizing and wholly evil is an obvious shill to the darkside.

Three stories on “Morning Edition” illustrate my point perfectly.

First a seven minute fluff piece on how former Florida Governor Jeb Bush is actually an Hispanic called “He Was Born Republican Royalty, But ‘Jebcito’ Is From Miami.” Among other fine and prescient points made by the piece are; he has completely embraced Hispanic culture, he knows “their” idioms, he makes a mean guacamole, he pronounces Spanish words like cilantro with a fancy accent, he lives the immigrant experience everyday, he can make his way effortlessly through many “different” Spanish food menus, he married a Mexican “girl,” his kids are little brown ones, he called himself the first Latino Governor of Florida, he fits in quite well in the fascist enclave of Cuban Miami where Reagan is the godfather, Chicano people say they love little Jeb (at least the lady gushing in the story), his twitter handle is “honorary latino.” Oh, wait for this one: he once mistakenly filled out Hispanic for race when he was voting. (Aw shucks. That’s really cute!) Among other marvels, the dude majored in Latin American Studies. Well, what the fuck did he learn? How to conquer? Find the thoroughly embarassing Mara Liasson (really, she's the son of a liar) fluff piece about Jebcito Bush on NPR.org. It’s borderline Onion quality satire.

If I was not tortured enough at this point this fine Monday morning, I listened on much to my chagrin.

On “Planet Money” (really?!?) they run a five minute salutation and lionizing of Tom Burrell called “How An African-American Ad Man Changed The Face Of Advertising.” It was the legendary Tom Burrell who “revolutionized” advertising by bringing cultural depictions of black people into the mainstream. He brought us things like rap music in commercials which basically marked the death of hiphop culture, which began as a resistance culture and not the consumer and entertainment culture of violence it has become. This among other thoroughly exploitative and destructive bloodsucking tactics to sell more unhealthy shit to more and more people. So we can thank Tom Burrell for increased cancer rates in the black community because he developed the black urban Marlboro man. Black people won't buy cigarettes from a white cowboy. The story actually has the audacity to call all this advertising “positive” depictions of black people. Really? It was really just a strategy; don't attack the black community, let’s make a shit-ton of money off them, now that's progress, American Style. Oh the marvels of minority targeted advertising. The ad in the right column as I type this missive is a Walt Disney ad with a black father and son. Is that supposed to make everyone feel better? Wasn't Walt Disney a notorious racist and xenophobe?!?

There's more. Rachel Dolezale head of the Seattle chapter of the NAACP is being denounced (by her parents of all people) that she is not actually black, she has been pretending. You don't say. Why do I identify with her plight? No seriously, that's just bad science. For Christ's sake Irish, Brits and Scots have vast black ancestry. You mean to tell me that other immigrants who eventually found there way here are not a vast assortment of racial mixing? No, they are. Our society suffers dementia when it comes to our cultural and racial past. It’s really basic science.

Oh, don't forget this story brought to you by Your Health.

Breaking News: Golf is good exercise for Americans, whether they use a golf cart OR walk. I guess we all know who's health and which Americans they are actually talking about. Yep. This is not my morning edition, not my planet money, not my health or yours, so NPR is certainly not my radio station. It is a bad habit that you should drop as well. The only thing NPR is good for is ripping.

That is unless you care to be lobotomized.

Nate Collins

Oakland

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IS KIDNEY FAILURE A CRIME?

Editor,

Hello to all those out in Mendoland. I feel like Dorothy from the Wizard of Oz. When I first fell I kept clicking my heels thinking there's no place like home, there's no place like home, although I did not have the ruby red slippers. Having spent most of my life in Alaska, I was thinking I must have fallen down the rabbit hole. Really, the entire populace is like no other. I say that with the utmost respect. Where was I? Oh yes. This is your non-local soon-to-be loco local in the local, that is a resident — "It Takes All Kinds" / "Welcome to California Mr. Caldwell." Mr. Arik Caldwell. My friends call me shithead. You can call me whatever you like. I'll more than likely answer.

I'd like to thank the AVA for printing my scribblings. The article I was featured in -- "It Takes All Kinds" probably didn't show me in the best light. But it was good for a good laugh. I mean, come on, humping the leg of a giant Indian statue like some kind of rabid dog? Who does that? Oh and you forgot to mention that I was growling and barking at the poor Mr. Halpin. Then I grabbed my stuff and started chasing cars, howlie that I am. That is, if you want to believe the witness of said altercation.

I'm not here to admit or deny anything. I plead the Fifth. I was not "holed up" in the bathroom as Mr. McEwen put it. That was not even said by Mr. Halpin. I was cleaning the laundry mat.

I have put in for an appeal. No thanks to the spectacular Mr. Andrew Higgins who told me he had filed the appeal by the end of the day and never did. At all. After writing several appellate lawyers after arriving here at lovely San Quentin State prison I was informed that no appeal was ever filed for me. Luckily I received this information 16 days before the 60 day deadline was up. I got the paperwork in. Yes, me, the one deemed incapable of representing myself at my arraignment. The arraignment took place on the ninth day of me being in custody. I'll admit I made some incorrect statements due to the difference in the law from state to state. I've spent over half my life in Alaska, so most of what I know is Alaska law. When I said "I want to run Rule 5 and since it's been nine days already you have until tomorrow to put this in front of a grand jury," I was unaware of these differences. In Alaska Rule 5 says the court has 10 days to get a true vote of twelve jurors. If not, the case is dropped. That's not the way it is here where there is a preliminary and a judge decides. I was never instructed of my rights as you are before every arraignment. I also told them that my name was incorrect because it was it was printed in all capital letters, neither dead nor a business, and because of that I refused to put my thumbprint on their document that said what I was being charged with. That was why I was deemed incapable of representing myself. I am sure however about the truth of the letter statement.

The latest and greatest information I've been given very recently. Get this, as I said before I was hospitalized for three days after this altercation with the sheriff's deputies. During trial the reason for the hospitalization had nothing to do with the incident. I repeat, it had nothing to do with the incident. I told, begged and even pleaded with my attorney to get the records from the hospital. I know for certain those records would help me but because of my behavior at the hospital he did not want to introduce any of this evidence. The state's case was that I was a drug-crazed lunatic who was impervious to pain and was a threat to not only myself but to everyone else around. In deputy Wyant's supplemental report he says verbatim, in a one-liner, "Caldwell was screaming and making no sense, but when asked, he told me he had ingested 'salts'." Yes, that's a quote. I did not write it incorrectly. Which was it? I was making no sense, or I clearly told him I was on "salts"? You can't really have it both ways, can you? He contradicts himself in the same sentence.The next paragraph states, "Based on Caldwell's demeanor, lack of feeling any pain and overall strength, I agreed that Caldwell was more than likely on a synthetic drug, commonly known to law enforcement as 'bath salts.' Caldwell was also exhibiting signs of possibly being under the influence of possible Phencyclidine, commonly known as PCP which has not been confirmed." Do you like terminology in that statement? Since this incidence I believe Deputy Wyant has been made a detective. He was not available when I invoked my right to a speedy trial. Oh yes, it was he and his "department approved straight stick wooden baton" that split the top back of my head open.

With me so far? Have I bounced around too much? Do you see the picture they are trying to paint? Let's back up. That is not new information, so far, that's the build up. I'm getting to the climax. No, it's not on the giant Indian statue's leg! Bark, bark, woof woof.

I'm here at San Quentin convicted and all. I asked them to find out why my kidneys had shut down. I had written to the hospital myself before trial and received no answer. But with a little finesse and not explaining the reason of my inquiry, I found out. I already knew that my kidneys had shut down. That's why I was hospitalized. Remember that the deputy stated on the stand that I was hospitalized due to unrelated issues. Blood work was done. Surprise, surprise, and I repeat, no drugs were found in my system. None, nada, zero, zilch, zip. Not even the so-called "bath salts" or PCP. They were tested for specifically. A complete tox-screen was done. So my kidneys had shut down and the hospital wouldn't release me because of that. Why?, is the question. What shut them down? Here's why: When muscles get damaged your body releases enzymes. I don't know what the enzyme does or is called but what I was told by my personal care provider that my muscles were so badly damaged throughout my entire body that I produced so much of this enzyme it shut my kidneys down. That's what it will do in great amounts. Is that not a great little tidbit of information?

At the hospital I was agitated, aggravated, sad, angry, pissed off and hurt, but who wouldn't be after being beaten almost to death? Everybody does not respond to things like pain in the same way. To say I was not feeling any pain is downright ridiculous.

One last thing before I sign off. The crime I was convicted of, violation of PC 69 — resistance of executive officer with force or violence, says by definition that I can not be found guilty if officers used excessive force. Excessive force is defined as, "in determining the reasonableness of force used to affect seizure, factors in measurement of governmental interest at stake include severity of the crime at issue, whether the suspect posed an immediate threat to the safety of officers, whether the suspect was actively resisting arrest or attempting to evade arrest by flight, and any other exigent circumstances that existed at the time of the arrest."

No crime was committed and I placed my hands in the air and told them to come over and talk.

Arik Caldwell, CDC#AW1801

San Quentin State prison, San Quentin, CA 94974

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SLUSH BONDS

Editor:

Denis Rouse says that I need remedial help with my reading. I don't think so. There was nothing in his article that restricted the definition of "bonds" to those financing "roughly 4 trillion dollars of education and public services." He may be implying now that he and his bond-trader friend only deal in bonds issued by the Kids 'n' Dogs Fund, and that they would never invest in bonds issued by the Rape 'n' Ruin Fund, even if the latter pay better. As to these Kids 'n' Dogs Fund bonds relieving the taxpayer, Mr. Rouse is clearly lost in Outer Space. Everyone on Earth knows that these bonds are repayed by taxes. And given the long-term life of these bonds, investors make a tremendous killing in interest, monies also paid by the taxpayers, monies that could have been but now will not be applied to helping out the Kids 'n' Dogs directly. Not only that, but miracle of miracles, income from many of these bonds is exempt from further taxation. What a great deal for the investor class! The main reason these bonds exist in the first place is that our totally and irreparably corrupt government, wholly owned by the rich, is much happier financing things by borrowing money from rich people rather than taxing them for it. I thought this was elementary, but I see it will not be apparent to all, until the final victory, as some have it.

Back at Port Ludlow, Mr. Rouse and his friend are still stamping their feet over the butt-ugly clearcut. No, Mr. Rouse, I did not fail to read clearly that the land in question was "granted to remain in perpetuity in its natural state…by the developer." I know what it sounds like it means, and what it easily may not mean at all. The persons who need remedial reading here are those who accepted at face value whatever smiley face assertions that were promised by the developer. Mr. Rouse's friend and his neighbors may benefit from some remedial readings of their deeds under strict interpretation of the law of the State of Washington. They will probably find that the developer's escape hatch regarding timber rights was well and cleverly hidden and that they are now out of luck and recourse. I sincerely hope that Mr. Rouse's friend can read a deed and its covenants as closely as he supposedly can read a bond prospectus. I look forward to Mr. Rouse's account of the real gory details that facilitated this alleged swindle.

Yours,

Jay Williamson

Santa Rosa

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CONGRESS/ISRAEL V. IRAN

Dear Editor:

As the Nuclear talks move towards  the current expiration date there has been some new events that have impacted the negotiations. Russia is selling 3-300 missiles to Iran. If as expected they are a 3-300 PMU1 system that has a range of  almost 100 miles and can fire at multiple targets. It can shoot down aircraft as high as 90,000 feet. Its satellites can track aerial targets up to 150 miles away. These missiles should provide protection for Iran's nuclear facilities from aerial attacks.

In addition, the breaking story about alleged suspected espionage of the recent talks by P5+1, the nations of the US, Russia, China, Britain, France and Germany, across the table from Iran by Israel, if true, could have serious consequences in the direction of the talks. It should be noted that China and Iran have agreed that when sanctions are lifted Iran will begin shipping oil to China. China to resolve their critical pollution problem will have to switch from coal to oil. Public opinion in Iran appears to have turned to reaching an agreement that will remove the sanctions. The biggest hurdle to an agreement now appears to be interference from Congress which frequently acts as running dogs for the Israeli lobby.

In peace and love,

Jim Updegraff

Sacramento

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