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.

 

OCDA Disappoints Again.

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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

It’s All Up Hill From Here.

On December 18, 2012, the Brea City Council reorganized in what has been described to me as everything from damned embarrassing to downright illegal. My post “A Dark Day In Brea History” and my reorganization wrap-ups “An Elephant In The Room – Part 1” and “An Elephant In The Room – Part 2” summarize the events and the issues facing Brea’s still dysfunctional Council.

I’m not alone here, others agree.

A sufficient number of Breans who witnessed the reorganization, as it unfolded live, or via replay from either Brea’s website or Time-Warner public access, felt strongly that the sequence of comments and events that put Ron Garcia in the Mayor’s seat and named Brett Murdock Mayor Pro Tem, clearly point towards collusion amongst some of the key players prior to the meeting.

I gave things a month for the dust to settle, hoping one of the “Old Guard” who stormed out of council chambers that night or some other angry citizen would take the facts to the Orange County District Attorney’s office seeking an investigation into possible Brown Act violations. Seeing none, I was left with little choice but to do it myself.

Here is an abbreviated version of what I submitted for consideration:

  • Mayor Pro Tem Murdock used “formal motion” as opposed to “informal nomination” procedure to name Ron Garcia for Mayor. A clear attempt to block other nominations.
  • Use of “informal nomination” procedure has been standard, for Council Commissions and Committees in Brea for decades. The process does not require a second and allows for multiple nominees.
  • By turning from traditional nominating to the process of making a motion, Murdock and Garcia appear to have essentially used Robert’s Rules of Order to strangle the Council and intentionally limit their options.
  • Roy Moore, upon attempting to nominate Marty Simonoff, was instructed by City Attorney James Markman that he was out of order. This was incorrect.
  • To be accurate (and unbiased?), City Attorney James Markman should have instructed Roy Moore that he merely needed to make a substitute motion to add his nominee.
  • In Roy Moore’s BreaNet #639, he confirmed the City Attorney’s error. Both Moore and Simonoff acknowledge chastising Markman following the meeting, Markman admitted his error.
  • Ron Garcia used the same tactic to nominate Brett Murdock as Mayor Pro Tem for a second consecutive term, stating, “I would like to re-nominate… ummm… make a motion that Brett serve as Mayor Pro Tem which would give Brett Mayor… to serve as the Mayor in his 4 year term.”
  • Ron Garcia’s motion seemed to preemptively also make Brett Murdock Mayor in 2014, the year he runs for reelection. This can’t be legal.
  • Prior to the council meeting, council member Simonoff was approached by City Manager Tim O’Donnell who inquired whether he would be open to a quid pro quo making Marty Mayor and Brett Mayor Pro Tem. Marty informed Mr. O’Donnell that he “didn’t do quid pro quo” and terminated the conversation.
  • The sequence of events and dialog, as described, suggest that there may have been collusion between Ron Garcia, Brett Murdock, James Markman, Tim O’Donnell and possibly Christine Marick.

rackauckas_aWill the OCDA respond or blow me off?

Several have told me that getting a conviction on a Brown Act violation is virtually impossible, that even getting an investigation launched is extremely difficult. If I let this sort of pessimism rule my thinking, I’d give up before I even got started. Fat chance.

I hope that Mr. Rackauckas disproves this notion and assigns a Deputy DA to seriously investigate this matter.

I believe there is an endemic culture of secrecy and collusion in Brea city hall, and an arrogant disregard for the provisions of the Brown Act.

If I’m right, this ought not be allowed to continue one more minute and those who participated should be recalled or terminated.

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