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Mendocino County Today: Sunday, Oct 4, 2015

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NATIONAL WEATHER SERVICE ISSUES 'HAZARDOUS WEATHER OUTLOOK'

The National Weather Service issued a "Red Flag Warning" for interior sections of northern California and a "Wind Advisory" and "Hazardous Weather Outlook" at 5:11am (Sunday) for the coast.

And you know the "Hazardous Weather Outlook" is important as they posted it in ALL CAPS:

THIS HAZARDOUS WEATHER OUTLOOK IS FOR NORTHWEST CALIFORNIA. DAY ONE. SATURDAY AFTERNOON AND TONIGHT. GUSTY EAST AND NORTHEAST WINDS ALONG WITH LOW RELATIVE HUMIDITY MAY LEAD TO A HIGHER THREAT OF LARGE WILDFIRE GROWTH TONIGHT AND SUNDAY MORNING. DAYS TWO THROUGH SEVEN. SUNDAY THROUGH FRIDAY. GUSTY EAST AND NORTHEAST WINDS ALONG WITH LOW RELATIVE HUMIDITY MAY LEAD TO A HIGHER THREAT OF LARGE WILDFIRE GROWTH SATURDAY NIGHT AND SUNDAY MORNING.

(Courtesy, MendocinoSportsPlus)

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THE LATEST MASS SHOOTING has provoked the usual post-mortem outrage, all of it futile, all of it leading to nothing in the way of even obvious, mostly undisputed, gun law reforms. The true nuts resist all restrictions on guns, as do their elected enablers. Left alone, they'd all be stockpiling howitzers, and may well be, given the dark web and the availability of everything if you can pay for it.

IF A CLASSROOM of small children can be mowed down by a lunatic wielding an automatic weapon without an enactment of immediate gun control strictures, well, the conclusion has to be that there will never be serious legislative action to at least attempt to keep homicidal maniacs from buying guns.

AND THERE'S THE RUB. The world is awash in weapons. Anybody can get a gun one way or the other. The Oregon shooter, and I agree with the Sheriff that his name is an obscenity and should never be mentioned publicly, bought his weapons legally, and Oregon has a lot of commonsense gun laws in place that many states don't. If you're a certified nut, a documented criminal or a person affiliated with terror gangs, you can't buy a gun.

BUT THE OREGON SHOOTER had no criminal history, no obvious mental illness. He was just a mean, stupid bastard with perverted delusions of megalomania. "If I kill a bunch of people I'll be famous." That was his thinking.

IF OREGON BOY were merely non-lethal stupid he'd sit at home until he died of diabetes playing Grand Theft Auto. There are millions of guys like Oregon Boy in this country because this country is totally batshit every which way, a fact of American life our career elected officials either don't know or pretend they don't know. The hippies were right: It's so nuts the only rational thing to do is to drop out and try to go about life outside the lunacy at the door. Or at least recognize the evil reality of the nutso psycho-social context we all function in.

LEFT OUT of all the post-shooting lamentations and analysis is another basic fact of American life. Ready? Millions of people feel unsafe, menaced even, by daily life. The rightwing, loosely defined, feels the menace more acutely, probably because they tend overwhelmingly to be fearful of people unlike themselves, other races especially.

BUT DAILY LIFE, in many areas of the country, is objectively more menacing. There are more and more unhinged people on the street, and more and more people unable to function at even minimal levels of competence in a society that doesn't need their labor, doesn't need them. Our kind of survival capitalism makes things worse every day for more and more people. No government will ever get the guns out of this crumbling sucker.

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REEL QUICK MOVIE REVIEW of BLACK MASS. Not very interesting. Johnny Depp as the famous Boston gangster Whitely Bulger is done up in a kind of Dracula garb and black plastic-looking imitation leather jacket that no thug ever wore outside of Westside Story.

BlackMass

He just looks weird, not menacing, and Bulger was, I guess, menacing. The rest of the cast is very good. But overall, this thing is just one more gangster flick not worth rushing out to see. A much better celebration of criminal ultra-vi is "Narcos" on the Netflicks channel. Based on the life of drug baron Pablo Escobar, featuring unknown actors, and apparently filmed in Colombia, it is a fascinating, historically accurate look at the big boys of the drug business.

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PRECISION BOMBING:

Nineteen people at a medical charity clinic were killed Saturday in Kunduz, Afghanistan after being hit by a US airstrike. The US military has admitted that the Medecines Sans Frontieres (Doctors Without Borders) clinic may have been hit while the US was carrying out air strikes. "The strike may have resulted in collateral damage to a nearby medical facility," Col. Brian Tribus said in a statement. "This incident is under investigation." Of the 37 people wounded, 19 were clinic staff. MSF says the clinic was hit a number of times during "sustained bombing" that lasted 30 minutes and was "very badly damaged." MSF says it has given both sides in the conflict the precise location of the hospital several times over the past few months, including in the past week.

Bombed Kunduz Clinic (Courtesy, NBC News)
Bombed Kunduz Clinic (Courtesy, NBC News)

A US senior defense official told The Daily Beast that a US-manned AC-130 gunship “was called in to return fire against a Taliban position that were firing on US Special Forces advising Afghan Special Forces” when the attack began somewhere near the hospital. But the official could not say how close that fighting position was to the hospital or when the United States indeed knew the hospital coordinates beforehand, as MSF said in its statement. Defense officials also could not say how long the attack took place. The US military is sending a 1-star general to Kunduz investigate, the official said. (Reuters)

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CLAIM BY ANDREA KEENE of Mendocino filed 9/2/15 and is on the Supes' agenda for October 5th where it will be auto-rejected on the auto-advice of Mendocino County's hard-hitting County Counsel. Ms. Keene is married to Doug Mckenty, well-known as a KZYX dissident. Their Elk home was raided by the Drug Task Force last year. The assumption of the seizure is that the money in the bank account are the proceeds from marijuana farming. Here is Ms. Keene's claim:

Location of Loss: Wells Fargo Bank Savings Acount #2096851965

Description: “Mendocino County District Attorney’s Office seized funds from my bank account. Said funds were a legally obtained gift from my grandfather Orlo Keene given to me for the purpose of making a down payment on a house I was trying to buy. Due to the loss of these funds I was forced to withdraw from escrow on the property, leaving me, my husband [Doug Mckenty] and our two children with nowhere to move following our eviction.”

Amount: $30,406.04.

Date of loss: 7/8/15.

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MENDOCINO COUNTY! 3,000 DIFFERENT MUSHROOMS!

http://blog.sfgate.com/storystudio/2015/09/09/escape-the-everyday-grind-in-mendocino-county/

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WHY THE HARE CREEK SHOPPING CENTER SHOULD NOT BE BUILT

TO: Marie Jones, Community Development Director, City of Fort Bragg, 460 North Franklin Street, Fort Bragg, CA 95437

Subject: Notice of public hearing, notice of intent to adopt mitigated negative declaration (MND), Mendocino County, California

Dear Ms. Jones:

On December 19, 2014 the California Department of Fish and wildlife received from the state clearinghouse and Mitigated Negative Declaration for the proposed Hare Creek Center project in Fort Bragg. The department has jurisdiction over the conservation, protection and management of fish, wildlife, native plants and their habitat. As a responsible agency, the department administers the California Endangered Species Act and other provisions of the Fish and Game code that conserve the state Fish and Wildlife public trust resources. The department's primary concerns involving the proposed project include a substantial increase in water demand which may impact fish and wildlife and ongoing diversion of water without notification pursuant to Fish and Game Code Section 1602. The department provides the following feasible and project specific recommendations in our role as a trustee and responsible agency pursuant to the California Environmental Quality Act.

The proposed project would include construction and operation of a shopping center consisting of three separate buildings totaling 29,500 square feet of building space on assessor's parcels 018-450-40 and 018-450-41. Shopping center would contain a grocery store, three retail spaces and a restaurant. Associated development would include a new access road, parking lot, pedestrian improvements, utility connections, low-impact development elements, and landscaping.

The December 22, 2014 update of the Governor's drought task force states that California is entering the fourth year of one of the most severe droughts on record and several years of rainfall deficits. The governor declared a drought state of emergency on January 17, 2014 which remains in effect. The most recent US drought monitor map (January 6, 2015) depicts extreme drought conditions in all of Mendocino County despite recent precipitation. The city of Fort Bragg declared a State 1 water emergency establishing mandatory conservation measures on September 18, 2014 in addition to an earlier press release urging voluntary water conservation. The December 18, 2014 US seasonal drought outlook from the National Oceanic and Atmospheric Administration Climate Prediction Center show the drought conditions are expected to persist throughout nearly all of California including Mendocino County at least until March 31, 2015.

According to the MND water for the project would be provided by the city of Fort Bragg municipal sources and would increase demand by nearly 2,000,000 gallons. The department commends the incorporation of low-impact development elements into the project design including drought tolerant landscape plantings, areas of permeable paving and vegetated swales to facilitate ground water infiltration and installation of rainwater catchment tanks for landscape irrigation. However, rainwater catchment is only anticipated to offset an estimated 89,000 gallons of the project's water usage. The MND estimates total additional municipal water usage of 1,846,916 gallons per year.

The MND states that a water supply analysis completed in 2010 "found that the city could increase water use by 8% over existing water use in a severe drought (such as the 1977 drought) and continue to serve all customers without falling below the 5,000,000 gallon reserve required to maintaining adequate pressure in the system for fire flows." The MND further states that projects using 4.6% of this estimated capacity have been approved with an additional 1% anticipated for a project currently in the permitting process. This leaves only 2.4% of the city of Fort Bragg's estimated water capacity available. The MND notes that "water availability under severe drought conditions is the primary constraint for city utility service for a project of this size" but does not address current or future drought conditions, quantify potential consequences of the drought on the water supply or disclose potential impact of increased water diversion on the streams which comprise the source of that supply. The municipal water supply for the city of Fort Bragg consists entirely of water diverted from three streams: the Noyo River, Newman Gulch (tributary to Noyo River), and Waterfall Gulch (tributary to Hare Creek).

The Noyo river supports three listed salmonid species: Coho salmon is state listed as "endangered" and federally listed as "threatened", steelhead trout and Chinook salmon are federally listed as "threatened." Hare Creek support coho salmon and steelhead trout. Populations of these salmonids have undergone a substantial decline in abundance in recent decades. Coho salmon has undergone at least a 70% decline in abundance since the 1960s and is currently at 6% to 15% of its abundance during the 1940s. These species have been impacted by loss and degradation of habitat including lack of adequate in-stream flow, high water temperatures due to lack of streamside vegetation, siltation of spawning gravels and the lack of instream shelter and pools.

The city of Fort Bragg's diversions are potentially impacting Fish and Wildlife resources in the Noyo River and Waterfall and Newman Gulches during low-flow periods. The department is concerned that the city of Fort Bragg is diverting up to 50% of the stream flow in the Noyo River without adequate measures to ensure fish are not stranded or otherwise harmed (noncompliance with the Fish & Game Code); divert over 80% of Waterfall Gulch streamflow without bypassing sufficient streamflow to maintain public trust resources downstream and diverts an unknown percentage of Newman Gulch streamflow. The flow in the stream is critical for protecting fish and wildlife resources and without appropriate bypass flows impacted listed and sensitive species including take of listed salmonids may occur.

On August 15, 2014 a letter from the National Marine Fisheries Service protested the city of Fort Bragg's petition for a change of an existing water right and emphasized this concern. This letter stated that "the continuation of water diversions from Waterfall Gulch in the absence of adequate flow bypass conditions may cause adverse impacts to listed salmonids in Hare Creek by reducing the amount and quality of rearing habitat downstream, reducing the amount and quality of spawning habitat downstream and reducing upstream and downstream passage opportunities for adults, juveniles and smolt. In addition, proposed modifications to transport and storage of water and the potential to alter streamflow conditions in the Noyo River watershed via Newman Gulch Reservoir and result in impacts similar to those described above for Hare Creek."

Despite the assertion in the MND that "the project will be adequately served by existing water entitlements, sources and storage facilities," diversion of additional water has the potential to cause or exacerbate impacts to aquatic resources, particularly during low-flow periods. No substantive mitigation is presented to address current diversion for the proposed increase.

Lake or streambed alteration agreements are required for projects new and ongoing that substantially divert or obstruct the natural flow of any river, stream or lake. Over the past four years, the Department has repeatedly requested the city of Fort Bragg enter into such an agreement as the following list indicates:

July 13, 2011 -- In a letter the department advises city of Fort Bragg that the Waterfall Gulch diversion was substantial and required notification.

November 25, 2013 -- In a pre-harvest inspection report for a timber harvest plan the Department requested that the city of Fort Bragg provide notification for the diversion from Waterfall Gulch.

March 13, 2014 -- In a letter to the city of Fort Bragg the Department requested notification and reiterated the potential impacts of public trust resources from ongoing water diversion.

July 21, 2014 -- In a comment letter to the city of Fort Bragg regarding the MND for the proposed Summer's Lane Reservoir the Department outlined potential impact, requested notification and provided additional recommendations to reduce or avoid affects to aquatic resources.

August 15, 2014 -- In a letter to the State Water Resources Control Board and the city of Fort Bragg regarding the Waterfall Gulch diversion, the Department requested compliance with Fish & Game Code and other regulations to prevent the take of state and federally listed species.

As of this date, notification has not been received by the department. In issuing an agreement the Department develops avoidance and minimization measures to address affected fish and wildlife resources including measures that avoid take of listed salmonids.

Conservation can provide an immediate and positive impact on water supply. In 2009 the state adopted the Water Conservation Act through the passage of Senate Bill X7-7 requiring that California achieve a 20% reduction in urban per capita water usage by the end of December 2020. Some municipalities such as the Sonoma County Water Agency have implemented voluntary but specific and quantifiable water conservation goals. The city of Fort Bragg should develop a long-term water plan including measurable conservation goals consistent with Senate Bill X7-7.

In light of the city of Fort Bragg's current noncompliance with Fish & Game code, potential noncompliance with sections 5901 and 5937 and potential effects on listed species, the city of Fort Bragg should not approve additional projects or developments with the potential to increase water demand. In addition, a measurable conservation strategy to reduce water usage is warranted. The city of Fort Bragg currently lacks a comprehensive plan to address water use and water shortage concerns especially during drought periods.

Recommendations:

In order to avoid or reduce potential effects of fish and wildlife resources and their habitats to a less than significant level the Department recommends the city of Fort Bragg address the following:

Pursuant to Fish & Game Code Section 1602, the city of Fort Bragg shall enter into an agreement for ongoing and future water diversion from all pertinent streams and rivers sources.

The city of Fort Bragg should not approve the Hare Creek Center project nor additional projects or developments with the potential to increase water demand without adequate bypass flows.

The city of Fort Bragg should develop a long-term, comprehensive way to address water use and water shortage concerns including measurable conservation goals and strategies consistent with Senate Bill X 7-7.

If you have questions or comments regarding this matter please contact environmental scientist Angela Liebenberg at 707-964-4830 or angela.liebenberg@wildlife.ca.gov.

Sincerely, Curt Babcock, Environmental Program Manager, California Department of Fish and Wildlife

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PUMPKINS IN FORT BRAGG

Pumpkins

(Photo by Susie de Castro)

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NRA & CONGRESS

Dear Editor:

Everyone agrees that we must stop the mass shootings but there is very little action to take meaningful measures that would stop the carnage. From a couple of the GOP candidates we have heard some very stupid comments - Jeb Bush 'stuff happens' and John Kasich to use the death penalty (These killers either commit suicide or get killed by the police). At the congressional level the NRA calls the shots. The NRA gets their main financial support from the gun manufacturers and the gun dealers. If a congressperson supports any gun control measures she/he can be sure there be a lot of money from the NRA given to their opponent. The gun lobby reminds me of the military industrial complex.  At the state level California has very strict gun laws but in many of the red states gun laws are very lax.  Plus one can not be sure how the Court will rule if a state adopts some very restrictive laws, I am not optimistic that for the foreseeable future that there will be new laws that can stop these mass killings.

In peace and love,

Jim Updegraff

Sacramento

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LIB-IN

Democratic Debate Watch Party At 215 Main.

There will be a Democratic Debate Watch Party on Tuesday, October 13th at 215 Main, Point Arena. Everyone is welcome. The Debate starts at 6PM. 215 Main has great food and drink, so come early for a meal. Information at 882-3215.

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THE GOOD OLD DAYS

TrumpGoodOldDay

(Photo Courtesy, Susie de Castro)

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IF YOU'RE AROUND THE VILLAGE OF MENDOCINO on Second Saturday, come and see the collaboration between artists and writers at Artists' Coop of Mendocino (me on Tarzan), and the celebration of Craft (Weavers and Woodworkers) at Odd Fellows Hall. Norma

Second Saturday Ekphrasis IV Unveiling

See WMC members writing matched with artwork as hung in the Artists Co-Op Gallery Saturday, October 10th, 4-6 p.m.

This will be the last event at the gallery's current location and perhaps the last Ekphrasis for several years

Artists Co-Op of Mendocino,

<http://writersmendocinocoast.us4.list-manage.com/track/click?u=11026cfae9103e142aabf95c5&id=3f46e53ad7&e=8be581f9aa>

45270 Main St., Mendocino 2nd floor above Ocean Quilts. Stairs only; no wheelchair access

Members, please bring a finger food to share

For those that cannot make this event, the WMC meeting Thursday, October 15th, 6:00 p.m. will feature all writers who participated in Ekphrasis IV reading their works while a slide of the artwork is shown

Readers, please RSVP to Katherine Brown mcwc2@att.net whether you or your chosen substitute will read on Thursday evening

We meet in the Mendocino Hotel at 6:00 pm on the third Thursday of every month. Our intention is to expand the network and opportunities for writers here on the Mendocino Coast. We hope you'll continue to support your community of writers. WritersMendocinoCoast@GMail.com PO Box 762, Fort Bragg, CA 95437 Copyright © 2015 Writers of the Mendocino Coast, All rights reserved. Receiving newsletters from the Writers of the Mendocino Coast

Our mailing address is:

Writers of the Mendocino Coast
PO Box 762
Ft Bragg, Ca 95437

Add us to your address book
<http://writersmendocinocoast.us4.list-manage1.com/vcard?u=11026cfae9103e142aabf95c5&id=246a637724>

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CATCH OF THE DAY, October 3, 2015

Alexander, Antinucci, Berry
Alexander, Antinucci, Berry

ADAM ALEXANDER, Bronx, New York/Ukiah. Pot sale, transport, furnish.

WILIAM ANTINUCCI, Willits. Drunk in public.

STEVEN BERRY, Ukiah. Drunk in public.

Blackwell, Boudoures, Clawson
Blackwell, Boudoures, Clawson

ERIN BLACKWELL, Ukiah. Drunk in public. (Frequent flyer.)

MARK BOUDOURES, Philo. DUI.

JASSEN CLAWSON, Possession/sale of meth, forged registration, no license, probation revocation.

Collins, Eller, Flores
Collins, Eller, Flores

ZACHARY COLLINS, Willits. DUI.

ERIKA ELLER, Ukiah. Drunk in public.

BERNABE FLORES, Ukiah. Possession of controlled substance without prescription, destruction of evidence, resisting, probation revocation.

Frease, Hilliard, Hulbert
Frease, Hilliard, Hulbert

AUGUSTINE FREASE, Ukiah. Drunk in public.

SEAN HILLIARD, Fort Bragg. Under influence of controlled substance, destruction of evidence.

MONTY HULBERT, Philo. Drunk in public.

Leffler, Longoria, Norton
Leffler, Longoria, Norton

SEAN LEFFLER, Burbank/Covelo. County parole violation.

JUAN LONGORIA, Ukiah. Criminal threats.

JAMES NORTON, Willits. Drunk in public, probation revocation.

Reynolds, Stark, Whitehair
Reynolds, Stark, Whitehair

JAMES REYNOLDS, Santa Rosa/Ukiah. DUI.

CHRISTOPHER STARK, Willits. Drunk in public.

DEANNA WHITEHAIR, Burbank/Covelo. Suspended license.

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FOOT DRAGGING AT KZYX

Dear Mr. Campbell and Ms. Courtney (Manager and Board Member):

Oct 2, 2015

Thank you for your email of September 5 concerning our demand for inspection of documents. In it, you state that your current position concerning the inspection is the same as your initial response of June 23, wherein you asserted that you could delay the inspection until you had hired a general manager and that our rights of inspection were more restricted than we claimed.

Please refer to our response of June 26, copied below. In it, we explained how your restrictions have no basis in the law. As for a delay, the organization has had plenty of time to prepare for the inspection, a total of four months by the time it happens. You have not identified any specific record that cannot be made available for inspection by October 7.

We intend to proceed with the inspection on October 7, beginning at 1:00pm, at the Philo office. It is not clear from your letter that you intend to refuse access at that time. Pursuant to the Corporations Code, you would need a court order to do so. Otherwise you will be in violation of California law, our own bylaws, and your duty to comply with both.

We thank you in advance for facilitating the inspection on October 7.

Doug McKenty
John Sakowicz
King Collins
Norm de Vall
Peter Kafin

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June 26, 2015

Mr. Campbell:

Thank you for your email of June 23, 2015, responding to our written demand of June 9 for the inspection of documents. We disagree with your analysis.

  1. The right of a member to inspect and copy records is not based solely on California Corporations Code Section 6330, which authorizes the inspection of membership records. There is also Section 6333, which states:

"6333. The accounting books and records and minutes of proceedings of the members and the board and committees of the board shall be open to inspection upon the written demand on the corporation of any member at any reasonable time, for a purpose reasonably related to such person's interests as a member."

In addition, the Bylaws of Mendocino County Public Broadcasting grant members the right to inspect any records that are not personnel records or otherwise protected by law:

"Member Inspection Rights:

Members shall have the right at all reasonable times to inspect all of MCPB’s records which are or should be maintained at the principal office except personnel records and other items that would violate the privacy of a specific individual or are otherwise protected under Federal or California law."

Thus the members' right to inspect does indeed extend to the categories of documents enumerated in the demand.

Please note that the Board of Directors does not have the power to amend the Bylaws to diminish any rights granted to members. Only a vote of the membership can do that. If you wish to oppose the demand, Corporations Code Section 6331 requires you to file a petition in Mendocino County Superior Court. Under Section 6336, any director or officer who does not comply with the demand can be punished for contempt of court. Under Section 6337, the organization can be held liable for members' reasonable costs and expenses, including attorneys' fees, in connection with any related legal proceedings.

  1. Thank you for acknowledging a director's absolute right to inspect any document under Corporations Code Section 6334. Because the volume of documents may be too great for any one person to inspect, Mr. Sakowicz may be accompanied by an agent or attorney to assist him. Since any given record will be inspected by the director or his attorney/agent, he will be in compliance with Section 6311 regarding such assistance. Further, any non-disclosure agreement must be limited to records that cannot otherwise be inspected by members, i.e., "personnel records and other items that would violate the privacy of a specific individual or are otherwise protected under Federal or California law." The Code does not require anyone to sign a blanket non-disclosure agreement as a condition for inspecting records, nor will they.
  2. Your objection concerning a need to create records is misplaced. As stated in the Demand Letter:

"Please also note that a failure to present any of the requested items does not relieve you of the duty to make any and all of the other requested items available for inspection and/or copying. We are not asking you to create any summaries. But we do want access to all of the documents that are related to the above list, including any existing summaries, as part of the inspection of all records from 2007 to the date of inspection."

See also #6 below concerning your request for a delay.

  1. To the extent you have already produced specific documents to Mr. Sakowicz in response to a prior demand, you do not need to provide duplicates. This exception does not apply if any member has demanded the same information.
  2. The alternatives you have offered to Messrs. Collins and O'Brien concerning their prior demands to inspect the membership rolls are unreasonable and too expensive. They are based on an incorrect reading of a statute that bars releasing such information to third parties. Members are not third parties. In any event, prior efforts and negotiations are not a waiver of a member's right to inspect.

The efforts of Messrs. Sakowicz, Collins, and O'Brien to try to resolve the current crisis at MCPB/KZYX through negotiation with the board and discussion with the membership are not signs of bad faith but rather an attempt to avoid litigation. Do not confuse patience and reason with weakness and ill-will.

  1. We see no need at this time to delay the inspection. As noted above, the failure to have all records available by July 11 does not relieve you of the duty to allow inspection of those records that are available at that time. If for any reason certain records are not available that the director or members believe are essential, then arrangements can be made to inspect them at a later time. Asking us to wait until four weeks after some unspecified date is too uncertain. However, we will consider a later date once the full board has met and considered this reply.
  2. As noted above, you do not need to produce the same documents to Mr. Sakowicz twice. But the Demand Letter is more comprehensive and includes demands for inspection by members, demands which stand alone. There is no "condition precedent" that must be met before MCPB complies with the current demand.
  3. Because Mr. Sakowicz has an absolute right of inspection as a director, his intentions are not an issue. The only time intent is an issue is if you believe that the members' demand for access to membership information under Sections 6330 is for reasons not related to their interests as members. If you believe so, then your remedy, as noted above, is to file a petition with the Superior Court to have that particular demand set aside. But the members do have a legitimate reason for their demand, as stated in the Demand Letter:

"The purpose of the demand by the members is to review all financial transactions and data, and all membership and voting records and data, from the year prior to the employment of the current general manager, Mr. John Coate, up to and including the date of inspection, as there has been inadequate oversight by the board of directors concerning finances, memberships, and elections during his tenure. The membership has a legitimate interest in the financial affairs of the corporation and the integrity of the voting rolls and election process."

  1. Thank you for your willingness to consider the proposals set forth by Mr. O'Brien, one of the Demand Letter signers. If you adopt those specific proposals before July 10, he will drop his demand for inspection of the membership rolls, and will encourage the other signers to do likewise. However, this will have no effect on the demand to inspect and possibly copy all other records, including financial. Mr. O'Brien looks forward to working with the new Committee on Bylaws and Policies. MCPB policies authorize the Board of Directors to name volunteer members to board committees. The Board should consider naming some of the signers to certain committees - e.g., Mr. McKenty to the Finance Committee - as a way of engaging with the membership, promoting transparency of governance, and avoiding the need for future inspection demands.

Thank you again for you detailed response. Please make sure that the full board has time to consider this reply before it meets next Monday. We hope that the full board will acknowledge our right of inspection and take positive steps to address the underlying concerns. If it does, we will consider a delay. If not, then we will be at the main office on July 11 to proceed with the inspection. Please do not remove any records or take any other action that might hinder the process.

Sincerely,

John Sakowicz
Doug McKenty
King Collins
Norm de Vall
Dennis O'Brien

* * *

BLACK HEADPHONES MATTER

The recording of last night's (2015-10-02) KNYO Memo of the Air:

Good Night Radio show is ready to download and keep or just play with one click at http://MemoOfTheAir.wordpress.com

Also at http://MemoOfTheAir.wordpress.com you'll find thousands and thousands of links to not necessarily radio-useful but nonetheless interesting things to see and do and learn about, such as:

Should you leave your laptop plugged in all the time? Or what.

http://www.makeuseof.com/tag/leave-laptop-plugged-time/

Stampede!

http://www.toptenz.net/10-deadliest-human-stampedes.php

Imagination. A stop-o-mation tour de force.

https://www.youtube.com/watch?v=qB8Aqpt93O4

And a lost and now found Frank Zappa interview. He was already dying here. Think of all we lost when we lost Frank Zappa.

https://www.youtube.com/watch?v=qRtIRvztbwY

Marco McClean

memo@mcn.org

http://MemoOfTheAir.wordpress.com

 

4 Comments

  1. BB Grace October 4, 2015

    re: ” The Oregon shooter, and I agree with the Sheriff that his name is an obscenity and should never be mentioned publicly”…

    “Sheriff John Hanlin of Douglas County said he would not “name the shooter … I will not give him credit for this horrific act of cowardice” wiki

    Christopher Sean Harper-Mercer’s name is easy to forget among the tsunami of civil service raised perpetuators of henious crimes. Refusing to mention a perpetrator’s name is not a solution; we’d have no one to vote for.

  2. Mike October 4, 2015

    That’s very disturbing to read about the seizure of the Keene bank funds that were from her grandfather.

    Hopefully more voices will object to this and thus encourage a return of the money.

    I would love to hear the county explanation for how money was made from the destroyed crop in the raid earlier this year.

    The new law/regulatons will require the grower after January to become licensed and also at that time the making of a good profit is allowed (not through retail sales, which a grower can NOT also get a license for, but wholesale).

  3. Nancy October 4, 2015

    Asset forfeiture is legalized thievery. My son was an 18 year old small time pot dealer in Orange County. When he was arrested the DA seized over $30000 he had inherited when his father died from ALS the year before.

    The whole system is rigged to make the defendant/respondent prove in civil court that the money didn’t come from drug sales. Which apparently is impossible in Orange County. I hope not here.

    My heart goes out to Ms. Keene and her family.

  4. Alice Chouteau October 4, 2015

    The most disturbing item, to me, is the letter from Cal Fish and Wildlife, which I assume was written during the hearings on the Hare Creek Mall last year. The city promotes the annual Salmon BBQ, world’s largest, raising money for salmon habitat restorations, while destroying the habitats on the Noyo and Pudding Creek watersheds. (Salmon served at the BBQ these days comes from out of state, no longer from local waters.). The city ignored the warnings in this letter and others, and proceeded to approve a new Taco Bell and a second brewery, a very thirsty enterprise, Now Fort Bragg residents and local businesses are forced to contend with a Stage 3 water emergency, a situation created by the city’s never-ending search for tax revenues, regardless of the source, choosing to ignore nit only warnings from state environmental agencies, but the ramifications of climate change and years of severe drought.
    I suspect the developers of the planned mall won’t take too kindly if they cannot build a project so unwisely encouraged by the people who run the city, and a lawsuit against Fort Bragg gov could very well be looming.
    Now we get to see what kind of spin the city will try to put on this fiasco.

    Alice Chouteau

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