He’s No Friend Of Brea.

diamond_dIn the past 72 hours, this self-absorbed nutjob published seven blog posts, supposedly about the Brea downtown parking structure. The total word count is 13,781 words, not one of which bears even a slight resemblance to the truth.

He eviscerates the hard work of Brea’s staff. He dances on the edge of slander, painting grotesque and wholly inaccurate pictures of every Brea Council member. He does a libelous job of character assassination of the downtown Brea business owners.

His schoolyard attempts to bully me, disparage this blog and cast aspersions on my interest in and support of my community is of no concern. This feckless pretender lacks the power to blow his own nose.

So, what is this rambling shock and awe campaign knocking Brea really all about?

What’s the point of his scandalmongering personal agenda? Why does someone recently relocated to Brea, renting (not a tax payer), operating a less than stellar legal business from his kitchen table (I assume he has a Brea business license) suddenly take such an over-the-top interest in local government?

I think his saber rattling is designed to produce one thing, plaintiffs. He’s stalking new prey.

Diamond_3BHis work as general counsel for an Anaheim based political activist group seems to have come up a crapper and he has rent to pay and a reputation desperately in need of repair.

It seems he may be in the market for new clients interested in suing Brea. Contrary to his protestations, not the best way to help preserve Brea’s general fund.

I find him, his tactics and agenda appalling. I worry about those who seem to have been hypnotized by the drone of his voice.

Folks in Brea see him for what he is.

Thankfully, only a handful of Murdock’s leftovers give any credence to what this numbskull posts. I’m surprised they have the stamina to wade through all that indecipherable blathering.

I’ve been thrilled to hear from so many friends and neighbors who get it, who value how a revitalized downtown will benefit this community for decades to come. Who understand what an investment is, that the ROI will begin the moment the Council approves a contract to build a parking structure in downtown Brea.

Real Brean’s are people who believe that a project which pays for itself in the long run is well worth the investment.

 

Koreagate – Case Closed.

da-letterAfter almost 16 weeks the other shoe finally dropped. OC Senior Deputy District Attorney Raymond Armstrong sent me a letter saying they were closing their inquiry into Koreagate and that no further action would be taken.

I am still unsure what was actually done beyond quickly reading through the 15 to 20 documents provided as evidence in the complaint. Comments in Mr. Armstrong’s letter left more questions unanswered than answered.

I called his office to solicit more information on their process and ended up talking for some time to his associate SDDA Jaime Coulter. At the end of our conversation I understood the complexities in this case that would lead them to the conclusion that there was no evidence of criminal wrongdoing.

Letting the results be known.

What follows is my email to Marty Simonoff and Roy Moore (the only Council members interested in getting to the truth) as well as to Armstrong and Coulter plus a couple of OCR staff writers whom I had promised to keep informed.

Marty & Roy…

My response from the OCDA is attached. I called and spoke with Mr. Armstrong’s associate, Jaime Coulter, and it is clear that their investigation fell short of what I had expected. It was, however, conducted in a manner consistent with the prosecutorial restraints under which I understand their office must operate.

Per Mr. Coulter, the OCDA’s determination that there is no evidence of any criminal wrongdoing and their dismissal of my complaint hinges on the necessity for them to be able to prove “criminal intent to defraud” (steal from the city) as part of a case for misappropriation of public funds.

Intent is one the most difficult matters to prove, except perhaps under the more liberal burden of proof required in civil court. It’s a shame that “stupid” isn’t against the law, but then we all might be in serious jeopardy.

While I am not happy with the outcome, I am satisfied… my lengthy conversation with Mr. Coulter helped me to have a deeper, more clear understanding of these legal processes.

Mr. Armstrong’s letter states, “This also appears to be an issue that the city council could adequately address.”

Unfortunately, those most likely to be effected by continued pursuit of this matter, those who would be required to reimburse the city, maintain a strangle hold with their three votes which allows them to impede any effort counter to their personal agendas.

The good news is that, through over three months of relentless pressure from me and others and the wisdom in Measure T, the city has implemented positive standards which will avert this sort of unethical behavior from happening again. Itineraries will be required, Council will formally approve foreign travel and, hopefully, a more robust and enforceable travel policy will be adopted soon.

It’s perfectly legal to be stupid.

I never suggested, from day one, that there was any malice in the hearts of those who made such an ignorant blunder. When the culprits were publicly taken to task by Lynn Daucher, Bev Perry, Glen Parker and others no one called them criminals. It was clear enough that the choices made by Schweitzer, Murdock and O’Donnell were more idiotic and ethically unwise than criminal chicanery.

Regardless of what convinced Schweitzer, Murdock and O’Donnell it would be okay to spend almost half of the city’s annual travel budget on a ten day excursion to Korea and Japan… no law was broken. No common sense was exercised either and almost 50 years of precedents were totally and conveniently ignored.

So, where do we go from here?

First, Council needs to finish the job of formalizing an enforceable travel policy. They reached agreement, by consensus, to require public approval by Council for all foreign travel and that a complete itinerary must be included in the travel request to verify the official nature and direct benefits of the trip.

This is a good start but is nowhere near a robust and enforceable travel policy. A more thorough policy needs to be drafted and approved, in resolution form, in a public session. Not the study session, which might as well be held behind closed doors for all the transparency it provides, but downstairs in front of the tv cameras.

Throughout this lengthy ordeal, virtually all who called, emailed or stopped me on the street to talk about this felt as I did that Schweitzer, Murdock and O’Donnell should reimburse the city. I still feel that way, and with one swing vote a Council majority would agree. I’m not holding my breath.

And finally, November 2014 will give us an opportunity to elect candidates who will truly have the people’s will as their guide and reject those politicians who have repeatedly thumbed their noses at the public, taken every stipend and free chicken dinner they could and spent more time trying to build their legacy than maintain our community.

 

OCDA Disappoints Again.

justice_640

After five weeks of silence, no response to several follow-up emails, the OCDA’s office has turned a blind eye to the facts staring the rest of us in the face.  Instead of responding to my email inquiry, Senior Deputy District Attorney Raymond S. Armstrong choose to rely on snail mail (click here) to slam the door in my face.

Armstrong’s response, telling me that there was “insufficient evidence” to escalate his inquiry into a full scale investigation, included these three telling phrases in support of his denial of impropriety:

A  “…procedure may have been different than that utilized by councils in previous years”

This change threw council members a curve and led to the incorrect and misleading instructions given to Roy Moore by City Attorney Jim Markman, reported on by Moore and admitted to by Markman. It allowed the reorganization process to, once again, turn it’s back on decades of tradition in order to issue a political snub and ensure that council leadership remained in the hands of those in the hip pocket of City Manager Tim O’Donnell.

B  “…communication between the city manager and one of the newer council members”

Amongst other things, this clearly indicates that Armstrong did not contact either Moore or Simonoff to validate the details in my complaint. Newer council member? Moore, whose BreaNet #639 mirrored much of my complaint, is in his 14th year on council.  Simonoff, who verified the inappropriate approach and offer made prior to the meeting by O’Donnell, is the senior most member of council in his 16th year.

Garcia, Murdock and Marick together barely add up to eight years on council.

C  “…even if the communication occurred as you allege”

This is another telling example of the failure on the part of Armstrong to carry out a meaningful inquiry. A simple phone call to Roy Moore and/or Marty Simonoff would have doubled the allegations and provided validation from principal players in the events described.

Armstrong never contacted either Moore or Simonoff.

Putting things into perspective.

I’ve talked to dozens of knowledgable, politically savvy Breans who either watched the reorganization live or on the public access channel in the weeks that followed. Every one recognized the awkward and obvious behavior which overwhelmingly suggested collusion on the part of some council members prior to the meeting.

Had Armstrong given the online video even a single unbiased viewing, I have to believe he is smart enough, experienced enough to see what everyone else saw.

What is it going to take?

The OCDA seems to dodge political corruption cases for some reason, though it is currently investigating the Costa Mesa Police Association (click here and here). Maybe Brea isn’t messy enough. Unlike the City of Bell, maybe Brea issues don’t have enough zeros attached to warrant a closer look.

I wonder what it would really take to get the OCDA to pay attention to Brea, misuse of public funds for a foreign sightseeing junket?

This is not sour grapes.

This is just a raging case of complete frustration. How egregious does the misconduct have to be before Breans, in large numbers, have finally had enough? When will a few fresh faces show up at Matters from the Audience demanding full accountability and real transparency for a change?

The prevailing belief inside city hall that Breans are oblivious to the truth, apathetic about local government or both fuels their continued arrogant disregard for and dismissal of public opinion. Can this go on, unchecked, forever?

They’re betting it will.

“The world will not be destroyed by those who do evil, but by those who watch them without doing anything.” ~ Albert Einstein