Election 2018: Process Of Elimination.

election 2018I thought I would keep my Election 2018 choices to myself… but have found that to be impossible. Every voters choice this year is more critical than ever.

There are two candidates, one for Council and one for BOUSD School Board who have struck me as complete non-starters. In both cases it boils down to money though for distinctly different reasons. Let me share…

Bill Hall – Election 2018 Council Candidate

Bill Hall voted to slam Brea residents with $108 million in property tax increases in 2012 (bond value was $54 million) for Measure E. Bill Hall voted to spend $127,340 with Lew Edwards Group for bond consulting for Measure K in 2016. Bill Hall voted to crush Brea residents with $296 million in property tax increases. Couldn’t explain why BOUSD would only net half, $148 million from Measure K.

election 2018Even though he’s a part time volunteer, Bill Hall has received over $200,000 in compensation during his 12 years on the School Board yet consistently rejects transparency of School Board meetings for public’s home viewing at a minimal cost of $800 per meeting.

Bill Hall has repeatedly, for 12 years, demonstrated a willingness to burden Brea property owners with massive taxes. This is fiscally an extremely critical time in Brea. We don’t need a Council member willing to have a fire sale with valuable legacy properties or to tax residents to the brink of poverty.

Bill Hall only seems to respect the value of the dollar… when it’s destined for his wallet.

Bill Hall gave away millions to Hines.

Backed into a condition of critical underfunding following the failure of two bond measures to attract public support, the Board was bullied into selling off it’s greatest legacy asset, the former Brea Olinda High School site, in exchange for a quick infusion of cash.

The district ignored the probability of a higher return from a public bid process in exchange for the quick cash provided from a negotiated sale. They were sued for abandoning a public auction.

Fooled by the inaccuracy of an appraisal from an inexperienced Anaheim residential real estate broker, the district accepted a bid from Hines LLC of $25 million plus an additional non-refundable deposit of $1 million.

Hines subsequently had the property re-entitled for residential development and increased the property’s appraised value by $82 million. (Editor’s Note: My entitlement error has been corrected in the Comments by Mr. Manley. Please read his explanation.) Millions of dollars were left on the table by an over eager uninformed board bullied into submission by Bill Hall.

election 2018This fiscal rubbish has gone on far too long to be the product of incompetence.

It is unprecedented that several members of the BOUSD Board of Directors are actively opposing Bill Hall for City Council.

Keri Kropke: Election 2018 BOUSD School Board Candidate.

Candidates for public office who form a campaign committee and expect to spend over $2000 on their campaign must file a Form 460 Recipient Committee Campaign Statement.

Keri Kropke reported on her 09/27 filing that she has amassed a war chest of $38,400 in contributions!

Here is a copy you can look over for yourself.

The other candidates report: Joseph Covey – $4,545 contributed/$2,249 spent, Jo Aceves – $7,374 contributed/$3,592 spent and Steve Sewell has zero contributions, will not spend over $2000 and as a result, doesn’t have to file with the Registrar of Voters.

The unions are out in full force.

election 2018I hope you did look at Keri’s statement. $34,500 of her contributions include $5,000 from Democratic LA County Board of Supervisors, Mark Ridley-Thomas.

$29,500 came from various trade unions – IBEW, Unite Here (the folks who have carried out the downtown protests at Royce’s office), SC Pipe Trades, State Building & Construction Trades Council of California PAC, FTP Power LLC – Salt Lake City (largest private owner of operating solar assets in the United States) and other firms profiting from doing business with school districts.

This raised a red flag the size of Texas, so I called Keri to understand why so much union money for the two year remainder of a board seat. She was quick with answers and because I wasn’t sure I would characterize them here clearly and fairly enough, I invited her to prepare her own statement.

Keri states, “My platform addresses many goals that will improve educational and emotional outcomes for every student. After walking to 1,603 doors parents have made clear to me that they want vocational trade options so students have access to high paying middle class jobs.

I have worked hard to develop relationships with labor organizations and others that want to partner in this vision. Every donor supports me for my talent, leadership, and tenacity and I am proud to have earned their support. People that are invested in helping our students is a good thing.”

I also promised Keri that I would not belittle or dissect her statement. I’ll leave it to you readers to come to your own conclusions and move on to other areas of question or concern.

Nordstrom VISA to pay campaign expenses?

Schedule F – Pages 13-15 of the 460 report expenses paid via Keri’s Nordstrom VISA in the amount of $4,962 and Keri suggested her total expenses would easily top $15,000.

election 2018I don’t have credit cards, haven’t for almost 20 years. But I see the ads and know there are points or benefits for using these cards.

Why use the Nordstrom’s VISA instead of the debit card the campaign committee’s bank surely provided her? How will the $300 to $400+ in benefits find their way back into the campaign funds?

My concerns don’t stop there.

If Keri’s contributions top out at $40,000 through the balance of the campaign and she’s able to keep expenses capped at $15,000 – that will leave $25,000 sitting in the campaign account… for what?

I’ll do a Shirley MacLaine here and go out on a broken limb.

Christine Marick and Marty Simonoff have neither divulged any plans for 2020 but I’ll wager the balance in Keri’s account is probably pointed in that direction.

In a similar vein, I’ll risk my record for political divination. The other Carrie on the BOUSD Board is actively campaigning for Bill Hall – what’s the chance he’s promised to bring her onboard in 2020 if she helps him win in 2018?

Okay, conspiracy theory. But you’ll have to admit that logic is so much in my favor that I’m more likely to be right than wrong.

I’ll put it in plain English.

Candidates should be running to serve, not fill a seat. Any ass can fill a seat and I’ll dodge the urge to drop names.

Also, seeking public office isn’t the twelfth step in a program to overcome psychological deficits.

I said I wouldn’t… I changed my mind.

I said I’d keep my selections to myself, but 2018 elections are just too important to be diffident. Here are my choices… use your own powers of deduction and come up with your own list…

 

election 2018

Malfeasance: Brea’s Status Quo?

In the weeks ahead, breaking news regarding several cases of fiscal misconduct will be finding their way into public discussion. The egregious nature of several will likely lead to widespread use of the term malfeasance.

Let’s take caution in our choice of words to be certain we characterize people and their actions clearly and fairly. An exact definition of malfeasance (in office) is difficult: there is no single legal consensus definition.

Malfeasance is generally defined as “a wrongful act which the actor has no legal right to do.” Many courts find malfeasance (in office) where there is “ignorance, inattention, or malice”, which implies no intent or knowledge is required.

Much of what we’ll hear, however, will probably trigger accusations of malfeasance.

Truth: the final frontier.

I’ve invested literally hundreds of hours pouring over a vast array of communications, agendas, minutes, resolutions, staff and consultant’s reports, spreadsheets and financial records from both the city and from Orange County.

I’m not alone. Several others, equally curious about Brea’s past fiscal practices and current fiscal policies, have invested similar time and energy… and come to similar conclusions.

What has been common practice in the past has cost Brea the loss of significant assets and revenue sources and has placed an undue burden upon tax payers to meet unconscionably large financial obligations well into the future.

There is clear evidence, going back several decades, of both ignorance and inattention to detail contributing to the failure of Council members to exercise the full due diligence their office and those who’ve elected them demand.

Malfeasance… I believe so. Malice… not so much. Let me explain.

I’ll point the finger…

Repeatedly it has been found that Council member’s information packets come up well short of including a full set of facts. Consistently, the missing information helps lead Council to forgone conclusions staff has predetermined are preferable.

Again and again it appears that staff has usurped the visionary role and authority of Council. While the evidence of malfeasance is frighteningly clear, at least to me and those digging into these matters, a couple of critical questions remain unanswered.

Obviously staff has the means and opportunity to play fast and loose with Brea’s financial future. What’s missing is motive. Why would our city staff, highly educated… the best and the brightest, do what they’ve done and to what end?

What’s next?

We may never find any answer to why and what for but we can cast a bright light upon this nightmare in the hopes that today’s Council will find the courage to challenge history and change the future.

malfeasance

Unilateral What?

Unilateral dismissal, and it’s been a scrofulous canker festering within the Brea Municipal Code for 25 years.

A majority of Council members turned city hall into a complete circus last night. The only ones interested in honestly addressing the real issues on this matter were Mayor Hupp and City Attorney Jim Markman.

If you have the stomach to watch this travesty go to THIS LINK to view the streaming video. Warning: this item is 40+ minutes in length and the results are zero.

Can’t tell the players without a program.

Hupp.

unilateralAs soon as the item was opened for discussion Mayor Hupp identified the key issue, the unilateral dismissal provision within the municipal code… pointing out that removing it and editing the Council Code of Conduct to little more than a reprise of the amendment to the municipal code would solve 99% of the issues at hand.

From there, as I am about to clarify, everything went to hell in a hand basket. Mayor Hupp’s thoughtful and unchallengeable identification of the real issue and a relatively simple means of addressing it got lost in a blizzard of disconnected hyperbole rooted more in opinion than fact.

Parker.

unilateralMPT Parker, as is becoming all too common, became bogged down in his own rhetoric and, after the City Attorney poked holes in his “solution,” Parker became withdrawn and contributed little of value.

Once again I was surprised that MPT Parker made no mention of being amongst the Council members unanimously approving unilateral dismissal in 1992, along with Mayor Bernie Dunlap and Council members Nelson, Perry and Wiser.

Marick.

unilateralCouncil member Marick, as she has done on many occasions, tried to sabotage any meaningful progress by layering on additional demands beyond what was called for on the agenda or in the staff report.

Though she admitted several times, “I know this isn’t on the agenda…” she persisted to insist the topic be broadened and brought back later.

She pulled the same garbage when she and then Mayor Murdock blindsided Council with a list of ridiculous extra demands upon the Madrona development.

Also, when the Central Park Brea development CFD was on the agenda for approval she voiced a shared concern with Council members Moore and Simonoff about double taxation and the lack of a sunset clause to cover assets with fixed costs.

Only when City Attorney Markman assured her that a full review of all CFD’s and Maintenance & Lighting Districts (M&LD) could be conducted anytime Council chose did she vote to approve the CFD, allowing the project to move forward.

Nothing has happened since on either matter. “Revisiting the issue at a later date” has become a euphemism for sweeping things under the rug.

Simonoff.

unilateralCouncil member Simonoff’s only contribution was to challenge Council member Marick’s obvious deflection. After 20+ years on Council and 5 years working with Ms. Marick, I would have thought he realized what his interjection would cause.

Each time he challenged Ms. Marick she emphatically doubled down on her objections. Seriously, Council member Simonoff should abandon the countless “cityspeak” cliché’s that have become his go to phrases when he has nothing of significance to offer.

By the way Mr. Simonoff, your challenge that employing the unilateral dismissal has only happened once in Brea’s 100 year history is quite a stretch since it wasn’t part of the municipal code until 1992. That’s 25 years Mr. Simonoff.

The manner in which Council member Vargas employed it, however, will likely remain a blemish on Brea history for 100 years.

Lets just say that Council member Simonoff could have played a much more material role in reaching a workable conclusion if he would set aside his perpetual concern with how he’s being perceived by others.

Vargas.

unilateralIt was Council member Vargas’ unprecedented use of the unilateral dismissal provision in the BMC on September 26, 2016 that triggered this year long process. It’s not surprising he sat, sulked and rolled his eyes as everyone else offered their two cents.

Finally, when Mayor Hupp made a motion to eliminate the unilateral dismissal from the BMC, he seconded the motion… not because he really supported the idea but because he though it might soften the blow using it will have if he runs for a third term

He withdrew his second later when he realized what it was. What a surprise that, like a petulant child, he decided to take his ball and go home – letting the motion die for lack of a second.

He punctuated his withdrawal by slinging angry accusations at fellow Council members for wasting time and expense on a meaningless matter.

Markman.

mad as hellOkay… time for me to eat a little crow.

For as harsh as I’ve been towards City Attorney Markman, he along with Mayor Hupp, were the only two who clearly understood the real issues and were focused on finding the most sensible and effective solutions to resolve them.

Mr. Markman did mention, “The municipal code is a without cause at will removal by a majority of Council or the person who appoints” – au contraire Mr. Markman… by the person who nominates. Appointments are ratified by a Council majority.

No single member of Council has more authority than their peers anywhere else in the BMC. All are members in equal standing. The unilateral dismissal creates an unjustifiable advantage to one member.

Markman also drove home the rationale for eliminating any attempt to fix the problem by editing the Code of Conduct. He pointed out that it provided for dismissal done for cause, a real slippery slope.

He also pointed out, “It’s (the Code of Conduct) overridden by a code section (BMC) that says something else.”

Bingo.

The Code of Conduct has been a smokescreen from the moment I brought it’s contradicting language to the City Manager’s attention – five months after raising the issues with the BMC.

The Code of Conduct is a policy statement subject to modification at any time, in a study session, beyond the scrutiny of most Breans and is not law.

Let me say that again. The Council Code of Conduct is NOT law! The Brea Municipal Code IS law and overrides all lesser documents.

Thank you Mr. Markman for attempting to nudge this unruly body towards an honest assessment of the real issues.

Well, now what?

Thanks to Council member Marick’s diversionary tactics and Council’s inability to muster itself into some unified approach to a matter that’s been on or near the table since last December… it’s fallen into the black hole of “let’s circle back to this later.”

What a total crock.

Final thoughts.

Everyone kept harping about how important it is to protect Commissioners and Committee members from the possibility of any public embarrassment… why it’s important to make their execution swift, silent and out of the public view.

Thanks to the horribly inept unilateral dismissal conducted by Council member Vargas last year and the protracted process I’ve had to wrestle with ever since to seek some sort of reasonable solution… my “execution” has been anything but swift, silent or out of the public view.

Nice job folks. Quit fooling yourself and get about the business of governing instead of playing at local politics.