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Desert
Hot Springs Political Newspaper
Updated:
March 12, 2006
We
ask the Important questions others are too afraid to ask!
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" POLITICIANS
WILL ONLY START SEEING THE LIGHT WHEN THEY BEGIN TO FEEL THE HEAT"
03/12/06

A
short drive from Desert Hot Springs will find you in the snow
rather than only looking at it from afar.
Here
at Freindsofdeserthotsprings we do more than just skim the surface.
To find this desert inter wonder (and actually touch it), here
are the directions with drive times.
1: Start out going WEST on PIERSON BLVD toward
PALM DR. 2.5 miles Map
2: Turn RIGHT onto INDIAN AVE. 3.9 miles Map
3: Turn RIGHT onto CA-62 E / TWENTYNINE PALMS HWY. 3.5 miles Map
4: Turn RIGHT onto SENILIS AVE. <0.1 miles Map
5: End at Morongo Valley, CA US Map
Total Est. Time: 13 min. Total Est. Distance: 10.06 miles
03/11/06
The
Desert Sun Saturday Print Addition
DHS employees "engaged in a campaign of harassment thereby
creating a hostile work environment" says law suit against
the city?
Desert
Sun reports more on the Wrongfull Termination suit in Desert
Hot Springs.
Desert Sun
states;
"The
trio contends Desert Hot Springs violated California labor law
by retaliating against them for "disclosing information to a government
or law enforcement agency when the employee believes a violation
has been committed."
"Interim
City Manager John Soulliere declined to comment on the lawsuit
Friday".
"All three provided information about Hanson's employment
contracts with the city, his land deals, his compensation package
and conflicts of interest involving Hanson and "certain council
members and fraudulent employment filings by city employees,"
the lawsuit states."
Scully
and Ward contend that soon after their contact with those outside
agencies, "Hanson and certain employees under his control
engaged in a campaign of harassment thereby creating
a hostile work environment."
03/11/06
revised
Desert
Sun picks up on our story released yesterday - "Another
Wrongful Termination suit in Desert Hot Springs", this time
by former employees claiming they were fired for reporting corruption
to the FBI and other enforcement agencies.
From
The Complaint that we reported first.
"VII.37.
The City, through Jerry Hanson, retaliated against Roy Hill [Kathy
Ward, Laurie Scully] as a result of his communications with the
Riverside Grand Jury, the Riverside District Attorney and the
Federal Bureau of Investigation."
Desert
Sun Further Reports
"And
besides the city of Desert Hot Springs, the Feb.. 27 lawsuit also
alleges that 25 others ...participated in the retaliation"
against Hill, Ward and Scully.
Desert Sun
Points Out...others now
working at city hall may also be named in the suit. Was Jerry
Hanson the only remaining vestige of the conditions that precipitated
the lawsuit?
Did
Jerry Hanson act alone?
Hill,
Ward and Scully allege City Council Members are
involved and that there were "fraudulent employment
filings by City Employees."
If Hill, Ward and Scully are correct, others who were hired by
Jerry Hansen and/or remain in key positions at DHS will be named
in the suit or will be material witnesses even if they are not
named.
Long
time readers of this site can surmise this Author sympathizes
with those bringing this action, having himself been fired as
President of Citizens On Patrol for his whistle blowing
activities.
There
seems to be plenty of examples to go around of retaliation.
03/10/06
FILED
UNDER "NO GOOD DEED GOES (severely) UNPUNISHED" IN DHS
Past
fired DHS chief of police, Roy Hill, and fired (and/or demoted)
DHS employees, Laurie Scully and Kathy Ward file a lawsuit against
the city of DHS. They allege that they where retaliated
against by being fired and demoted for reporting to the FBI, Riverside
Grand Jury, and other agencies, violations of the law committed
by former city manager, Jerry Hansen. In addition, they
allege that they were also fired for exercising their first amendment
free speech rights.
Allegations
of corrupt land deals, un ethical contracts massive wholesale
violations of the labor law are reported. Also no reasons
were given for the terminations.
Below
is pleadings filed 02/27/06.
Click
on image for larger image.
page
1 and 2
page
3 and 4
page 5
and 6
page
7 and 8
page 9
and 10
3/10/06
MSHCP
supporters extend its death by a few more months at least and
maybe even a few more years if it is approved
CVAG
MSWD backers agree to extend deadline for opponents to sue by
an additional 90 days to help negotiate a deal (almost) everyone
can live with.
Desert
Sun Story
If
this was such a great deal as CVAG MSHCP proponents have
claimed they would not have to give an extension to try to save
their plan from obvious legal destruction through litigation in
the courts?
In
this author's opinion, even the parties compromise and the CVAG
MSHCP is passed, the CVAG MSHCP is going to eventually die
in the courts because it is constitutionally illegal per recent
precedent setting case law.
The
CVAG MSHCP violates 3 very basic constitutional principles per
recent precedent setting Oregon Supreme court ruling.
The US supreme court is also currently very pro land owner rights
friendly also so the CVAG MSHCP will die somewhere in
it journey to the supreme court and the backers (quietly)
know this.
The
3 major constitutional principles the CVAG MSHCP violate are as
follows;
1)
The Plan does not treat everyone (land owners) equal under the
law. Does "All men are created equal" ring a bell.
2)
All governments must pay to govern. Therefore, if a government
governs that certain land be made economically unusable , the
same government must reimburse the land owner for his loss thru
the govern actions. Currently, the MSHCP is under funded
therefore can not reimburse land owners for their governed economic
loss's , therefore the CVAG MSHCP is a un funded governmental
mandate, therefore it is constitutionally illegal.
3)
A legislative body (such as a city council) cant give its authority
to legislate to another governmental agency Courts ruled
that these plans such as the CVAG MSHCP effectively remove the
legislative body from being able to legislating future projects
03/08/06
(late night)
Hmmmmm....Do we detect a method to handling a city manager vacancy
and working to fill the position. Seems King City, now without
OUR city manager knows how to find a good one. Read the article
from King City...
King City manager Gallant to leave job
King City will lose its city manager, Ann Marie Gallant, to Desert
Hot
Springs, King City Mayor Terry Hughes said Tuesday.
Hughes said Gallant called from Desert Hot Springs on Tuesday
evening to inform him of her decision to accept the city manager
position for the
Southern California community. She had just met with the Desert
Hot Springs City Council, he said. Gallant's resignation will
be effective May 1,
because her contract requires a 60-day notice before she can leave
the
position, Hughes said.
He said he wasn't surprised by Gallant's decision, and the City
Council will
hire an interim city manager. A search agency will be hired to
find a
permanent manager. The City Council has not yet discussed possible
candidates for interim city manager, he said.
Gallant became King City's manager in April 2004 Hughes said.
Link
to article
03/08/06
Bill
Effinger apologizes (kinda) for being a doubter. That's
OK. We all doubt sometimes.
Link here
At
least he has the honor to re-evaluate his position when need be.
We respect him for that. Sometimes it is best to just support
the new city manager, give her a chance and see what happens.
There are no guarantees in life. It cost us nothing to hope for
the best for DHS.
03/08/06
THATS
THE SPIRIT WE NEED!!
With
the realization that it is (pretty much) a done deal regarding
Marie Ann Gallant becoming DHS city manager starting this May
first, others in the community have also come on board, and given
their wisdom and support.
Russ
Betts "Open letter to Gallant" (no more progress robbing
blunders) Article
Bill
Effinger's (We need to focus on Development) Article
Desert
Sun Article (Gallant signs contract, has glass half full mentality)
03/07/06
Will
Ann Marie Gallant give her resignation to King City officials
today so she can take the city manager's position at DHS?
King
City Link
Gallant
has a 60 day resignation clause per Effinger. Does our current
"acting" city manager have another 60 days to hire more
of his personal unqualified friends to solidify his personal power
base (just like Jerry Hansen)? Will we have to endure at least
another 60 days of illegal dumping and dust from developers? Looks
like it! Don't put your masks away just yet
Desert
Local News
03/05/06

See
today's Desert Sun Article by Cindy Uken here.
Conventional
political wisdom in Desert Hot Springs goes, if Mary Stephens
is for it, it's a bad idea or it was someone else's idea first.
When it comes to the city manager, conventional wisdom goes, if
Mary is against Ann Marie, Ann Marie must be OK.
But make no mistake. What this is all about is Mary wants a city
manager that she can either mold and manipulate or one that will
jump through the same developer hoops that Mary does. It seems
Yvonne takes her marching orders from the same place.
Dr.
Allen Lawrence has it right on the money with his wisdom in his
article today. Click
here for the link. A portion of his article is here below
Lady,
the vote is over. The only question which remains is are you,
Mrs. Stephens and Mrs. Parks, going to support the choice
made by your fellow City Council members or are you going to work,
actively or passively, to sabotage their choice. Are you going
to continue to run your own personal agendas or are you going
to do what is good for Desert Hot Springs. We need a
City Manager NOW . Mrs. Stephens for one who was so set against
hiring a professional search firm in the past, you had your chance
to vote for this a long time ago and you didn't, why not? If I
have followed this confusing situation is it not true that Ann
Marie Gallant is the only candidate who stood all of the tests,
She had no scandal about her. She did not remove her self from
the consideration of the for this position, she is highly qualified
and the only reason she is leaving King City is because we could
not get our act together to make a decision after she first applied
many months ago.
03/04/06
Updated

3 to
2 is not always preferred but is really OK in a Democratic Republic
To
all my friends who think it is such a bad idea that city manager
candidate Ann Marie Gallant got hired on with only a 3 to 2 vote
instead of a 4 to 1 vote.
We
must remember that
Jerry
Hansen was hired and his multiple contracts where approved
by a 4 to 1 vote or better vote. Is
that what we want to return to?
I
rest my case.
Link
to Desert Sun Valley voice thinks the 3-2 vote is a bad idea
Link
to Bill Effinger who thinks the 3 -2 vote is a bad idea
Link
to Gary Bosworth is Ok with the 3-2 vote
Allen
Lawrence would be OK with the 3-2 vote as long as it was not in
favor of the "old do nothing" political guard
Max Liebermann
reflects about "the power of one" in this article. Though
we must have missed his point. All we can say is that in
a pure Democracy the 51% or above (majority) often repress the
49% or less minority. But in a Democratic Republic (that
we currently are governed under), the additional "republic"
balances help protect the rights of the 1% and above minority
hence forth;
"The power of one"

Picture
of Jerry Hansen writing his own contract. Each contract
was approved by a 4 to 1 or better vote. This is proof to
Bill Effinger and other nay say ers that a 4 to 1 vote is not
always more desirable.
03/03/06
RESPONCE TO
EFFINGER'S CALL FOR COMMUNISM/DICTATORSHIP IN DHS
In
the Democratic Republic our forefathers gave us as our current
form of government in this great nation, the representatives are
elected by a majority of the people. The representatives can be
elected by 51% to 100% of the people. The representatives
then pass laws by the same margins. This form of government has
worked well to prevent our republic type democracy from sinking
and decaying into a dictatorship as many non republic democracy's
tend to do per history books.
Anyone including
Bill Effinger who declares that we should pass legislation (locally
or otherwise) that requires our government to pass laws by a minimum
of a 80% (4 to 1) or above majority is risking destroying our
republic type government Effinger's proposal of a 80% rule
would never work well in a true Republic such as the USA.
Effinger's
80% rule works well only under most brutal repressive dictatorships.
The last thing we need is a 80% rule. How could we have
elected a president (Bush or Kerry) with the 80% rule? How could
we get anything passed thru the US or CA congress with a 80% rule?
How often does the US supreme Court rule with a 80% majority?
Of
course, Effinger's proposal would not work in our current democratic
republic. His proposal has worked well in Iraq' government
before the USA invasion though!
read
Bill Effinger's pro communism column here
Maybe
it is a good time now for Effinger to read the Federalist papers
by our fore fathers to get a handle on how our Republic is supposed
to work. The last thing we need is forced socialism, communism
and dictatorships in DHS. We had that already under Jerry
Hansen's and Matt Weyuker's rule and it did not turn out that
well for us. Lets not go back to that sad DHS past.
03/03/06
IS
COUNCIL WOMAN MARY STEPHENS SEEING THE LIGHT AFTER SHE FELT THE
HEAT?
Desert
Sun Article
Did
Mary Stephens loosing her mayoral bid help her see the light?
Since
Stephens lost her Mayoral bid, she has changed her mind and now
wants the Mayoral seat rotated among the other council members.
Stephen's apifiny begs the question; Would Stephens have changed
her mind if she was the current elected Mayor of DHS? Even
our current elected mayor Alex Bias even OK with Stephens's proposition.
Councilmen Gary Bosworth and Hank Hohenstein have not warmed up
to the idea reflecting on the fact that DHS voters rejected this
proposition in the past.
Also,
since Mary Stephens lost in a (now we learn) 3 to 2 vote, her
city manager candidate choice, she has seen the light again and
wants to change the city charter to only allow the hiring of a
new city manager by a 4 to 1 or better vote. Again, this begs
the question; Would Stephens have changed her mind if she had
her choice as city manager approved on a 3 to 2 vote?
Both
of Mary Stephens's proposals are legitimate and for good reason
should be discussed.
Unfortunately
for us (and Stephens), it is Stephens's timing, her past contrary
positions and the recent events that make her proposals look more
self serving than for the real benefit of the people of DHS.
Of
course, Bill Effinger is for Mary Stephens's proposals in his
column today. They do have their merits that Effinger obviously
mentions in his column.
We
must remember that past Council member Will Pieper lost his council
seat partially due to the citizens anger about Pieper changing
his vote against the past city manager (Jerry Hansen's) contract
to show "council unification". Also, with the
4 to 1 vote requirement, we may have waited a much longer time
to have elected our current city manager candidate due to the
current opposing elements. Do we want to create pressure to force
council members to vote against their conscience just to (as Rodney
King would say) "Just get along"? Their are (sometimes
unforeseen) moral implications to all of these proposals. If Effinger
discusses the pros of the proposals, we also must look at and
discuss the cons also and look at the long DHS history before
jumping into these changes.
This
author believes (with our founding fathers) that disagreement
in a legislative body is very healthy for our democratic republic
and should be encouraged, not stifled. We say what happened
in the past to DHS government when everyone got along because
they thought they had too.
Lets
not jump too soon on approving these proposals.
Bill's Effinger's
column here
03/02/06
LETS
FORGET AND NOT CRY (FOR NOW) OVER THE SPILLED MILK

We
thank Bill Effinger for (somewhat) clearing up the vote particulars
on our DHS future city manager, Ann Marie Gallant. See
Effinger's article here.
Even
though Effinger states the obvious in his article, we all must
realize that the alternative to Gallant as our city manager could
be much, much worse. All of us (including Effinger) must stop
crying over the spilled milk!
It
is painfully obvious that we sure cant afford the existing acting
city manager to remain any longer and we sure don't want the other
city manager candidate if he has ties to the same local developer
Councilwoman Mary Stephen was criticized for worked for in the
past. So, we say to Effinger, (at least for now) if we get
lemons, lets make some lemon aid.
From
what we have read, Gallant has worked miracles in the past.
So unless proven otherwise, lets stop crying over the spilled
milk and go forward and make a good faith effort to make this
selection work for DHS. Lemon aid anyone?

03/01/06
PM10
VIOLATIONS CONTINUE TO BE IGNORED IN DHS.
More
picture of wind fence missing for months now between Aqua Dulce
subdivision and the mobil home park south of its border. We informed
the city numerous times of this PM10 violation. To this day, the
fence remains missing. Mobil home residents have suffered
from sever dust conditions for months now. Click on images for
larger images.
More
pictures 1) untreated abandoned loose dirt construction road to
the east entrance of Paradise Springs subdivision to the north
termination of Sonora Drive. This road ia a major dust contributor
and is out of PM10 compliance for months now. To this day, the
developer and the city has ignored this violation. These conditions
cause considerable dust to existing residential developments (including
Rancho Del Oro) south of Paradise Springs Click on images
for larger images.

Pictures
of illegal dumping from Paradise Springs subdivision to open desert
area next to said construction road. This illegal dump still
remains with additional debris added. To this day, the developer
and the city has ignored this despicable violation. The debris
and non compacted infill dirt needs to be doug up and filtered
through a grate to remove the buried construction debris. Then
the dump area grade needs to be restored to its original grade.
Click on images for larger images.
03/01/06
Desert Sun article on Gallant here
Correction
to DS article, Mary Stephens last night said Gallant was approved
by a 3 to 2 vote (not 4-1 per DS) with Yvonne Parks and herself
voting no.
Also,
council sources reported last night that Gallant's city manager
job a King City was already listed as vacant per the city manager's
directory at the League of Cities prior to Gallant telling King
City council about taking the DHS position.
(9:30AM
according to DHS City Manager's office, vote was 4-1 with Stephens
against, we will continue to follow thru on vote discrepancy)
02/28/06
8PM
Articles
on Gallant

Upbeat
PDF article we found on Gallant
Article
on defamation and wrongful termination filed by Anne Marie Gallant
against the City of Carson and two city employees
More
on Gallant
1/25/06
Gallant State of City Address
02/28/06
BIG
PROBLEM SOLVED

City
Council select new city manager tonight.
Ann Marie Gallant is our new city manager.
Another
name we don't know how to pronounce.
Is
it Gallant, Gallant or Gallant.
See
today's Desert Sun Story
We
wish her good will & success.
She
is scheduled to take the helm of DHS in about a month.
We
respectfully ask that the current acting city manager does not
continue to hire anymore people than is absolutely necessary.
It is instead better to wait and allow the new city manager to
fill these key positions with qualified people.
02/28/06
The
writer at this
Link who is a big MSHCP supporter, also believes that two
wrongs makes a right.

more on
God Molech sacrifices here
This author
disagrees. We believe that no matter what the motive, two
wrongs equal (not a right) but two wrongs. How unfortunate some
souls are so quick and willing to lay their morals on the alter
table of their own self interest.
02/28/06
MORE ON
MSHCP BULLY'S
Desert
Sun Supports Bill to stop the Multi Species Habitat Conservation
Plan County Supervisor School Yard Bully's.
See
our two story's dated 02/23/06 below and
today's Desert Sun
02/28/06
Mission Springs
Water District (MSWD) kills DHS award winning water.
Ever
since past Water District Manager Joe Bocanegra took over the
helm of the MSWD, a good portion of the district employees immediately
left (the MSWD sinking ship). Some award winning
employees who did not leave were quickly fired also.
1)
New employees did not know how to take water samples. (You
are supposed to let the stagnate water run out of the tap for
a while before taking the sample. To not do this is to get
a false sample. This is the month old stagnate water left at the
pipe to the tap).
2)
Samples came back from the lab with much higher bacteria content.
3)
This forced MSWD to (heavily) chlorinate the supply. (Previously
there was no need to chlorinate MSWD award winning water).
4)
Unfortunately their is (unnecessarily) way too much chlorine present
in our water.
The
only good tasting water in DHS is found in the bottles on the
shelves of Stater Bros and Vons.
We
suspect (but could not prove) that the previous MSWD manager fired
and other wised forced most of the past MSWD employees to quit
so he could hire friends and family members. We could not
verify this action by the manager as fact because our request
to verify same under the Freedom Of Information Act was ignored
while our current city manager was employed at the district.
So, currently,
DHS water now tastes worse than my heavily chlorinated pool water.
Before (in the good old days) it use to taste
as good as the water I drank while hiking the 12,000 foot glacier
lakes in the High Sierras.

In
this author's opinion, loosing out on our water awards is really
a shame and could have been easily prevented.
Desert
Sun Story
02/25/06
Bill
Effenger wants you to drink the Multi Species Habitat Conservation
Plan (MSHCP) Kool-Aid.
Don't do it!

If
you must commit financial suicide, drink Bill Effenger's MSHCP
Kool-Aid Here
1)
MSHCP does not allow for any development of the designated land.
There is absolutely no guarantee that the plan will allow lost
land to become a "Park" per Effenger's assertion.
Effenger's assertions of turning the MSHCP area into a wonderful
park with trails is no more than pure speculation. At maximum
only 10% or less of the area can be developed as a park. Even
if there was the remote chance that MSHCP allowed trails, who
wants to walk miles and miles in 140 degree heat (for 6 months/year)
from the sun and light colored blinding sand and rock trails to
DHS Spa's miles away anyway. Effenger's assertion that this is
a "opportunity" is unrealistic at best and a disaster
at worse. No shade trees will be allowed because they tamper
with the area. The area will remain completely natural.
The MSHCP most likely will remain worthless area closed to everyone
except for the species that the computer model says may exist.
I never saw Effenger visiting any area were his Mercedies was
not allowed.
2)
MSHCP will destroy most of DHS financial future by destroying
the few areas of developable DHS retail land. The MSHCP
will deny DHS the sales tax revenue needed to control crime, fix
streets and provide even the most basic public safety to its citizens.
3)
MSHCP has not even been field verified that its area actually
contains any of the "Multi Species Habitat"
4)
MSHCP is unconstitutional and morally wrong. It effectively
takes land from property owners without compensation. See
Russ Bett's commentary here. The plan if passed will
eventually be made null and void per the Supreme Court that is
now pro land owner. See recent ruling anti MSHCP ruling
by even the liberal Oregon Supreme Court. See
Russ Bett's commentary here.
Oregon
Supreme court ruling links;
No
change on measure 37 ruling
Oregon Supreme
Court upholds (affirms) 37 ruling
Oregon
property rights upheld
John
A Charles; "This decision is more important than most people
realize. The justices upheld property rights, which are the foundation
of a free society"
Castle Coalition
Oregon
Supreme court ruling actually affirms citizen's land rights thru
upholding their measure 37 click here and read some of the gems
below
Measure
37 required the government either to "pay to govern," if it wished
to enforce a particular land use regulation, or to refrain from
enforcing the regulation in some manner. (please note
that our MSHCP is not full funded or even attempts to purchase
land in the designated habitat area)
Article
I, section 20, provides:
"No
law shall be passed granting to any citizen or class of citizens
privileges, or immunities, which, upon the same terms, shall not
equally belong to all citizens."
In
the trial court's view, the foregoing provisions of Measure 37
required the government either to "pay to govern," if it wished
to enforce a particular land use regulation, or to refrain from
enforcing the regulation in some manner. Based on that reading
of the measure, the court held that the measure so eviscerated
the legislature's plenary power to regulate land use that the
fact "that a later legislature could decide to repeal [the measure's]
condition on enforcement [did] not make it permissible."
"[p]lenary
power in the legislature, for all purposes of civil government,
is the rule, and a prohibition to exercise a particular power
is an exception. It, therefore, is competent for the legislature
to enact any law not forbidden by the constitution or delegated
to the federal government or prohibited by the constitution of
the United States." ( We see citizens passing a ballot
measure against the MSHCP. If this measure is not upheld
in the CA supreme court or the Ninth District court, It will be
upheld in the currently configured US Supreme court. The
Oregon Supreme court will be precedent case law. Our conclusion
is that the MSHCP will be DOA or will eventually by killed later
on. Bad unconstitutional laws like the MSHCP will not stand
for long;)
URGE
YOUR REPRESENTATIVES TO NOT APPROVE THE MSHCP!
MSHCP
IS A DIEING LAME HORSE THAT NEEDS TO BE PUT OUT OF ITS MEASURE,
NOT PROLONGED IN AGONY!
DONT KISS
THE MSHCP PIG
02/23/06
CA
Senator Jim Batten submits legislation to make extortion, blackmail
and bribery of local cities by Roy Wilson, other county supervisors
and any other MSHCP bully into a felony.
FOR
IMMEDIATE RELEASE
Contact: Kim Glassman
February 22, 2006
(760) 568-0408
Battin
Introduces Legislation to End Threats
Bill
in response to public threats made by Riverside County Supervisors
SACRAMENTO
- Today, Senator Jim Battin (R-
La Quinta) introduced SB 1308 in response to how some members
of the Riverside County Board of Supervisors have blatantly tried
to coerce and pressure desert cities to vote the way they demand
or suffer future retribution. The bill is prompted by a series
of public statements made by Supervisor Roy Wilson and others
who threatened to withhold transportation funding or take other
punitive measures if cities did not approve the Multiple Species
Habitat Conservation Plan (MSHCP).
“I
am deeply concerned by some of the Riverside County Supervisors
heavy handed treatment of the MSHCP, and the threats they have
made to local cities. It is unacceptable to threaten elected officials
like this. If anyone tried the same type of intimidation with
a state legislator, they could be charged with a felony.” Battin
said. “All elected officials should have this protection.”
California
Penal Code Sections 85 and 86 are the state’s bribery and extortion
laws. State law specifically prohibits any type of “quid pro quo”
on legislation - it is illegal for one legislator to vote a certain
way on a bill in exchange for the promise of a vote from another
legislator. This activity constitutes a felony, punishable by
2 to 4 years in prison. Similarly, it is specifically against
the law to threaten a California State Legislator with retaliation
in an attempt to “influence a member in giving or withholding
his vote” on an issue.
However,
local elected officials are not included in these laws. SB 1308
would expand the state’s bribery and extortion laws to include
county supervisors, city council members, and all other elected
local officials so they are simply held to the same standards
as state legislators.
“These
laws are important to ensure the credibility of, and trust in,
our government, ” commented Battin. “We cannot tolerate any elected
official using the color and power of their office to threaten
another official or elected body. It is wrong, and I plan to put
a stop to it.”
Battin’s
bill is in response to recent comments threatening Riverside County
cities if they did not approve the MSHCP. In a February 5 th Desert
Sun article, Supervisor Wilson threatened that he “would
not be there” to support local property annexations if the
Cities of Indio or Desert Hot Springs did not approve the plan.
Supervisor Wilson went on to brag: “If that is being heavy
handed, I stand guilty as charged.”
On
February 9 th , on KNEWS radio’s Marshall and Stone Show, Wilson
confirmed the threat saying he told officials from Indio: “
But
I can guarantee you that if you guys kill our ability to build
roads and freeways [ Wilson’s ‘spin’
and not accurate ] in this valley... throughout this
valley, I will reconsider my position and I will probably engage
my fellow supervisors to fight any future annexation.”
And
the threats have been heard loud and clear by city officials.
In a February 17 th Desert Sun article, Indio Mayor Gene
Gilbert details the desperate situation Indio is in, saying “It
is development suicide if we adopt it. If we don’t, we are going
to get blackballed in some way.” Many other city officials
have contacted Senator Battin outraged by the threats and asking
for help.
“City
leaders are telling me they’ve been told they have to vote for
this flawed plan, or the county is going to make them pay dearly
on everything else,” said Battin. “It’s a terrible situation that
demands to be fixed.”
SB
1308 has been introduced in preliminary form and will be formally
amended on March 16 th , when it will likely be referred to the
Senate Committees on Public Safety and Local Government.
###
State
Bribery and Extortion Statutes
The
relevant state statutes are Penal Code Sections 85 and 86 and
PC 518.
PC
85: Prohibits the bribing of a Legislator, or attempts by
“menace, deceit, suppression of truth, or any corrupt means, to
influence a member in giving or withholding his vote…” is a felony
punishable by 2, 3, or 4 years. Last amended: 1976.
PC
86: Deals with vote swapping by the legislature, a form of
bribery. Punishment is 2, 3 or 4 years, or a fine of between $2,000
and $10,000. Last amended: 2003, minor, technical amends.
PC
518: This is the extortion statute, defined as obtaining
property from another or an official act of a public officer,
by a wrongful use of force or fear, or under color of
official right. Last amended: 1939.
SB
1308 will amend Penal Code Sections 85 and 86 to add city, county
and local elected officials to the state bribery laws.
02/23/06
Cindy
Uken at the Desert Sun has it right!
No
more Bullies!

SAY
NO TO THE MSHCP BULLIES!
Roy
Wilson publicly tries to blackmail and extort DHS into sacrificing
its resident's constitutional land rights on the alter of a hypothetical
computer model of a habitat area. We need to remember that since
Palm Desert, Rancho Mirage and the other south valley cities have
already covered their retail habitat area over with asphalt and
concrete (example; Costco, Home Depo, Lowes, etc), they now want
all of our land for their habitat conservation plan.
County
supervisors wants DHS to sacrifice most of their future economic
future to make up for the other cities not sacrificing theirs.
DHS does not have to do it. We can stand up to the Multi Species
Habitat Conservation Plan (MSHCP) Bullies and say NO!. Remember
that most of the habitat areas is in DHS and Indio. If these county
supervisor and MSHCP bullies don't want to work with us and be
reasonable they will not get their precious plan.
Please
note that the author of this article is not only a DHS resident
but also a Sierra Club member (who originally joined 33 year ago)
and spends his vacations backpacking the High Sierra's
SAY
NO TO THE MSHCP BULLIES!
Desert
Sun Story

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