When Is A Law Not A Law?

Well, it seems a law isn’t a law unless City Attorney Markman decides to give it his blessing and Councilman Vargas likes it.

At the March 20 meeting of City Council, the Consent calendar item amending the City Manager’s employment contract triggered a strong public objection to the unsupported dismissal of Measure T, passed by a majority of Brea voters in 2012 and limiting Council and senior staff compensation.

The law matters.

A half dozen or so residents decided to address Council during Matters from the Audience.

Three folks, all admittedly candidates for Council this year, addressed a Consent item about park maintenance, the homeless situation in Brea and Senator Moorlach’s recent study that put Brea fiscally next to last in OC cities.

Measure T and the City Manager contract wasn’t on the radar of any candidate for Council. Thee red flags!

The other speakers all focused in on the law, the contract, the damned good reasons the law should be upheld and the contract pulled from the Consent calendar… subjected to public hearing.

Let’s talk about the initiative process.

The initiative process is a form of direct democracy. Citizens draft a “measure” which they then propose by petition; if the petition receives sufficient popular support, the measure is placed on the ballot and can be enacted into law by a direct vote of citizens.

Unless Measure T can be shown to be in conflict with Constitutional law, it is law in Brea and enforceable.

Again, I suggest that the law is the law. Write the contract accordingly. Through negotiation, Mr. Gallardo can agree to it’s stipulations or reject them. He may also challenge them in court.

So, what the hell happened?

Let’s start here then I’ll give you a rundown of events. The rule of law is the principle that law should govern a nation, as opposed to being governed by decisions of individual government officials.

lawDuring the “Response to Public Inquiries” Mayor Parker, rather than pulling the City Manager Contract from the Consent calendar (Item 18) as had been requested by several residents, allowed the City Manager to defer to comments from the City Attorney.

First came a brief and mostly unintelligible description of the amendment to the City Manager Employment Contract Agreement, which had received substantial objections, mostly centering around the restrictions imposed by Measure T. Then Mr. Markman jumped into a rationalization of why the law approved by Brea voters in 2012 has been largely ignored.

“(The speakers) are blasting something that was done very carefully, in public… you will recall that when Measure T was adopted it was our obligation to analyze it because some parts of it we saw were obviously valid and had to be implemented… like the health benefits being deprived from the Council… some of the other provisions we didn’t think, for various reasons, were enforceable or valid…”

Let me stop you right there Mr. Markman. As you pointed out, Measure T was adopted. A majority of Brea voters passed Measure T with the intent that it become law. Not unlike when they voted to establish a paramedic service… and we know what a fiasco that has turned out to be.

Your obligation, Mr. Markman was to implement the wishes of the voters, NOT analyze it. Who is the “we” you mention that decided some “provisions we didn’t think… were enforceable or valid” – you and Tim O’Donnell?

Because another unnamed city has let a similar initiative languish without implementation is not a good reason why Brea should mirror the same groundless behavior. They, whoever that is, were wrong… ergo you were wrong.

Mr. Vodhanel, during “Matters,” clearly described the history of unsound counsel that cost Brea nearly a million dollars in unnecessary legal expenses… half of which ended up in the RGW coffers.

Any chance you’ll be giving that back?

I don’t care what “thoroughgoing presentation with PowerPoint” you gave Counsel in 2013. If it’s intent was to dismiss a law demanded by Brea voters it was just one more sample of unsound counsel.

I don’t care that you attempted and failed to “negotiated with Mr. Vodhanel directly to try to get some sort of compromise resolution.” Once Brea voters made their wishes known, the original proponent placing the measure on the ballot was no longer in the gunner’s seat… amending the law should be done in a manner that, again, gave Brea voters a voice.

Arguing on behalf of the amended contract.

Now Mr. Markman’s comments, having successfully dismissed any relevance of Measure T or the Brea voters who approved it, turned to yet another prattling of legalese, the sole purpose to rebuff the law and dismantle every objection to Mr. Gallardo’s amended contract.

At what point did the City Attorney’s job description add the responsibility of playing agent for the City Manager? Take your “show me the money” propaganda Mr. Markman and stick to your job description.

Vargas jumps in… puts both feet in his mouth.

lawCouncilman Vargas interrupted the normal flow of the meeting to interject comments relative to Item 18, without objection from Mayor Parker. Totally inappropriate.

With no motion on the floor to approve the Consent calendar or to pull Item 18 for individual consideration… this was little more that grandstanding.

“I would like to make a couple of additional comments on Item 18 without pulling it as I’m prepared to support this Consent calendar.” Vargas said. No objection from anyone on Council. Wimps. Are you really that susceptible to being bullied by someone you all know is in way over their head?

After claiming to be the biggest and most vocal proponent of Measures T and U, Councilman Vargas cites some piece of correspondence from an anonymous woman to allow him to springboard into putting his two cents in without challenge. Anonymous? Put this mystery letter into the public record so we can all see it. No need to redact anything… it’s anonymous!

First, he squashed the four mile limit claiming the city would have to spend large sums for moving expenses and the provision of a silent second. Whoa Mr. Vargas!

A silent second is a type of second mortgage loan that is part of a home sale transaction without the knowledge of the first lender. In most instances, silent second home financing is a form of fraud and thus highly illegal.

Right, wrong or otherwise… Councilman Vargas seems to have dismissed any possibility for further negotiation with the City Manager.

But wait… there’s more!

Councilman Vargas then addresses the limitations to the contract imposed by Measure T and Council’s amending the term from three to five years… which requires explanation, to be sure.

Vargas points out that the City Manager is waiving a 3.2% salary increase, driven by a provision in Measure T for an automatic adjustment of 10% higher than the next highest employee. “I never liked that provision… it was put in long ago and I don’t like it.”

Your use of the unilateral dismissal strikes me the same way,” it was put in long ago and I don’t like it.” Okay Mr. Vargas, you’ve used up all of your unilateral overrides and embarrassed this community enough. What you like or don’t like has no bearing on the law or it’s enforcement. What a preposterous idea.

If, one day, you decide you don’t like the speed limit on Birch Street will we be dodging your big red pickup? If you decide you don’t like laws prohibiting driving under the influence can we expect to see that big red pickup weaving in and out of traffic… putting lives at risk?

You may say that’s just silly… but your rejection of a law adopted by Brea voters on a whim is just as silly. Maybe even more so.

Badda-bing… badda-boom.

With that, Councilman Vargas moves to approve the entire Consent Calendar, someone mumbled a second (we’ll need to see the minutes to determine who it was), there was no additional discussion from any Council member and the whole list was approved – badda-bing… badda-boom.

If that weren’t enough, fast forward to Council Announcements and the only one to speak is Mayor Parker. Unwilling to quash the inappropriate remarks of Mr. Vargas earlier, he launches into his own remarks after the horse is well out of the barn.

Citing that Council is only capable of doing the great job they do because they’re able to hire the very best employees to support them. He continues suggesting it’s Brea’s ability to be salary competitive that brings us “competent and effective” staff we have.

How’s that been working for you Mayor Parker?

Mayor Parker concludes his four minute unsolicited, unnecessary and unwanted comments with an effusive back patting and rationalization session.

Please… don’t let me see his name on the ballot ever again. Not even for dog catcher.

 

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Council Hostilities Continue.

I hereby promise...The Star Progress/OCR politely called it squabbling, but it was just the most recent clash over travel policy and the still unresolved Koreagate matter.

Certain members of Council and staff continue to dodge public pressure to come clean about the junket taken to Anseong, S. Korea and Hanno, Japan last year by Schweitzer, Murdock and O’Donnell.

Simonoff snubbed again.

Though Council member Simonoff specifically ask for the trip to be placed on the agenda for public discussion, to which there was agreement amongst Council to do so, what ended up on the agenda was a general travel policy topic that allowed O’Donnell and Markman to deny discussion.

“You guys are so far afield from the agenda item,” Markman said. “I’m aware there are disputes, but what is on the agenda item is a council policy. Talking about off-agenda things puts you all in an uncomfortable position.”

The never-ending coverup.

Council member Moore summed it up more honestly, saying, “We, the council, have created the perception that we are trying to hide something or make it worse.”  Exactly, Roy… the coverup has been going on ever since the first public inquiry was made over six months ago.

Public requests for expense details by Keith Fullington have gone unanswered for over six months. CPRA requests have been half-heartedly fulfilled, meeting the letter of the law while ignoring the spirit of the law, making getting to the truth a far tougher task than it should have been.

Fullington handed off by O’Donnell.

After evading Fullington’s inquiries for months, a frustrated O’Donnell finally passed Fullington off on Brea’s Finance Director Bill Gallardo. The meeting, held in Gallardo’s office Thursday (06/13) afternoon, after the Star Progress article broke, was also attended, without objection from Gallardo, by Glenn Vodhanel and myself.

Early conversation resolved some semantical issues which will allow Fullington to finally get the information he first requested before Thanksgiving last year.

Getting to the heart of the matter.

The conversation finally boiled down to the subject of exactly how expense reports for Council and staff are approved. O’Donnell approves Council reports, Gallardo approves O’Donnell’s reports. How convenient!

I ask Gallardo, “Did no red flags go off when you reviewed the reports?” To which he responded, “No… the door had already been opened…” and I cut him off mid sentence. “What do you mean, the door had been opened?”

“When Council member Moore had his airfare paid for a sister city trip.” was Gallardo’s reply… implying that a precedent had been established.

I quickly pointed out that the preceding forty-nine years, where Brea never payed any expenses and Council members paid their own way, established the precedent; Moore’s situation was an exception to the precedent. Get it… precedingprecedent… it’s pretty simple English really.

What travel policy?

The handful of guidelines that Council agreed upon, by consensus not vote, falls far short of being a travel policy. They include:

  • Council must now estimate travel at the beginning of each year so that it can be determined if the city’s $21,000 annual budget allocation is adequate.
  • Council and staff must now submit requests for foreign travel, including a full itinerary provided by the third party hosting or sponsoring the event, and must receive Council majority approval to take the trip.

This is not a policy… at best, it’s a good start.

A legitimate travel policy should be far more robust than this handful of basic rules. And if the guidelines are to be truly enforceable, they should be formalized in a resolution and voted upon… not casually adopted by consensus.

Quit hiding behind semantics.

While they’re at it, this would be a good time to clarify who is authorized to represent the city, in what capacities, for what purposes and if any limitations apply (i.e. no travel outside Los Angeles and Orange counties). How about clarifying what constitutes a precedent and if there are exceptions to these precedents, what are they and are they limited?

In Moore’s highly unusual case, where he was asked to visit both Hanno and Anseong in the same Mayoral term, and because it placed an undue burden on his personal finances, Moore’s airfare was paid but he still covered all other expenses himself.

If we apply this once-in-50-years exception to the Anseong/Hanno trip, Schweitzer gets a free ride on airfare but should reimburse the city for all other expenses. Murdock and O’Donnell need to pay back everything.

A reasonable conclusion.

So, there it is. The trip was in no way official. The trip occurred without what is now being deemed as proper review and approval. The expenses did not warrant being covered by city travel budget. Absent official purpose, in addition to paying the city back as I mentioned above, all of the City Manager’s time, every business day he was absent from his job, should be expensed as paid vacation.

The gloves come off.

Mayor Garcia, quit pretending to support open discussion. Stop baiting fellow Council members and throwing out childish retorts. Your indefensible comment to Council member Simonoff asking if we should look back “25 years” shows you have no clue what the city’s policy is regarding records retention for travel documents. (It’s three years from the last audit by the way.)

Mayor Pro Tem Murdock, you’ve publicly said that if the trip had to come out of your pocket you could not have taken it. Also, it’s been suggested by a third party that you stated (following your speech to the Chamber of Commerce’s Young Professionals group) that you would have preferred not to go on the trip but didn’t know how to say no. FYI, “weak willed” is not a character trait any of us want to see in a political candidate or elected official. If you’re too weak to speak up for yourself, how can we possibly expect you to speak for us?

Council member Marick, you are well educated, articulate and not without considered opinion. How much longer do you plan to sit silently by while your counterparts engage in such shabby political infighting and concealment of the truth? What happened to the breath of fresh air you were going to bring to Council chambers?

 

The Audience Matters, Too.

In a last ditched attempt to convince Brea voters that Measures T and U are unnecessary, now that their campaign of character assassination blew up squarely in their collective faces (thank you Brett Murdock, only your BFF Don thought you did fine), the Old Guard rallied the troops for a final showdown at the less-than-ok-corral.

Keith Fullington and a young man who never gave his name, a friend of Glenn Vodhanel for over ten years (and who asked for anonymity due to concerns of retribution against his family), both took shots at those Old Guard members present regarding the blatant untruths spread about Glenn and, I hope, finally put to rest this unfortunate stink in this campaign season.

The real entertainment came from the almost comedic and to be expected performances by the Old Guard’s damage control team.

If It Walks Like A Duck.

Shifting to a far more pandering style of advocacy, you’d think the city manager was up for another raise, one after another stepped up to the podium and chanted their version of the corporate mantra… Brea is great… Tim is great… Ooohhmmmm.

Quack quack quack.

Karalee Watson, a recent hire by the Brea Chamber to oversee workforce development and legislative advocacy, went on a rant covering for her boss, Sharon Wagoner who put the Chamber’s foot in it’s mouth last week with her unfortunate communication against the initiatives.

I said it before, I’ll say it again, there is no nexus between Measures T and U and issues relating to the business community. None. Period.

I called and spoke with several Chairmen Emeritus of the Chamber today. They unanimously agreed that the Chamber grossly overstepped their bounds and that such behavior would not have occurred on their watch.

Karalee bragged that she had the authority and experience to make such claims, being a Political Science professor.

Fact check. Karalee was employed, for less than a year each and not likely on a full time basis, by the California Association of Cities and Congressman Gary Miller while earning her BA and MA in Political Science from CSUF. Currently a Planning Commissioner in Yorba Linda (term ends in 2015) Karalee teaches a class in political science at a local junior college.

Not exactly what I think of when I think of a college or university professor… but I guess if you’ve got the business card, you’ve got bragging rights.

Greg Reimer (local civil engineer that shares office space with long time friend… Don Schweitzer) took issue with “that twit” Fullington before he did his version of the corporate mantra. According to Greg, I guess the best way to figure out how great a city is, is to drive around and count pot holes. Good streets equal good government.

Then it was time for the Pastor Rader Show.

Bragging about the pastors who signed the Declaration of Independence and were instrumental in creating the foundation of our democratic republic, Pastor Rader invoked the spirit of Benjamin Franklin to set the tone for his sermon.

Hate to break it to you Pastor, but the only clergyman to sign the Declaration of Independence, and a founding father of our country, was John Witherspoon – a Presbyterian clergyman and delegate from New Jersey. So much for your grasp of history.

Then Pastor Rader, that guy from that church in the middle of Birch Street, rattled off a litany of his presidencies (Chamber, Kiwanis, Rotary, Boys & Girls Club, Ministerial Association, Cultural Arts Commission, Senior advisory something-or-other that hasn’t met in years and Habitat for Humanity). Really?

Somebody help me. Name one other Brea pastor that has the time and/or ego required to spread himself around like that. We have some truly remarkable, dedicated, impassioned pastors here in Brea. Not one has blurred the lines between church and state like Dave Rader. What’s next? A run for City Council?

Enter the perpetual politician Bev Perry.

So proud to be a member of the Old Guard, for interjecting herself into one issue after another year after year (remember the fire service public discussion?) Bev kept asking, “What’s the problem you’re trying to solve?”

Uh… how about putting a lid on you, and that little clique of folks like you, who arrogantly seem to think they know better than the other 39,975 people who live here.

You named them:, Lynn Daucher, Glenn Parker, John Beauman, Bill Lentini, Wayne Wedin, Rex Gaede, Kevin Hobby, Bill Hall, Pat Fox, Bill McMillan, Kevin Bush, Bill Higgins and John Koos. Oh yeah,  we can’t forget those you “didn’t ask” but who were quick to pull out their checkbooks, Gil Realon ($100), George Ullrich ($100), Najwa Nadhir ($250), Ron Garcia ($500), Donald Daucher ($1,000) and Marty Simonoff ($1,500).

Here’s another wager for you. Want to bet that we’ll see more names, like Schweitzer and Murdock on the 460 to be filed in January? It’s an old tactic, drop your check in at the very last minute.

How’s that for deception Mr. Markman? It’s perfectly okay to bend the rules when it’s your team grabbing face masks and putting bounties on the best opposing players.

Batting clean-up, the epitome of rough and tumble dirty campaign tactics, that guy whose ethics were called into question when nominated for another term as Planning Commissioner (and passed thanks to that ever-present block of three votes who browbeat their peers into submission) John Koos.

The king of dancing on the edge of propriety did his obligatory soliloquy, all about what a remarkable guy Tim O’Donnell is, what marvelous folks he’s hired to do his bidding, what pillars of society our elected and appointed officials are (and have been for decades) and what a little slice of heaven Brea has become thanks to their dedication and hard work.

Such sweet words, huh Mr. Schweitzer.

Don’t be fooled by those who are too invested in Brea’s status quo to give up their power and authority to you. Get the open and accountable government you deserve…

Vote yes on Measures T and U.