The CotoBuzz Journal, Community Journalism

Posted by CotoBlogzz 2/24/2009 7:00 PM

What PRA is Supposed to Be:

Government code 6250 stipulates that, the Legislature, mindful of the right of individuals to privacy, finds and declares that access to information concerning the conduct of the people’s business is a fundamental and necessary right of every person in this state. I defines “writing” as meaning any handwriting, typewriting, printing, photostating, photographing, photocopying, transmitting by electronic mail or facsimile, and every other means of recording upon any tangible thing any form of communication or representation, including letters, words, pictures, sounds, or symbols, or combinations thereof, and any record thereby created, regardless of the manner in which the record has been stored

OCSD PRA – An Illustration

This particular illustration starts with a supposedly lost security file in Laguna Woods Village, reported as a burglary in case 08-232487.

According to press accounts, an OCSD investigator had been in contact with Security Manager Eugene Hart, prior to the filing of the formal OCSD report - The file was discovered missing sometime in November. Subsequently, ten residents I refer to as the Village-Ten People were selected to receive an “attorney-letter” in connection with the missing file.

A resident familiar with the matter tells us that “Last we heard was that the file had been located, found as it were. Implied is that it had been misplaced”. I have sent numerous requests for comment to Wendy Bucknum, government and public affairs manager for Laguna Woods Village. She has not responded.

Following up on the matter, I called OCSD’s spokersperson Jim Amormino. He was kind enough to refer me to the Lieutenant in charge. Since the Lt. was not available, the

Sergeant on duty took the call. She then referred me to the Investigator who abruptly cut me off. I then call the Sgt. who acknowledged and condoned the Investigator’s actions as standard operating procedure.

I then filed a California Public Records Act request for inquiries to the Orange County Sheriff

Department on alleged burglary of files documented in the case 08-232487 filed with the OCSD on December 2, 2008. I received a response from the OCSD/SSD dated February 17, 2009 stating that “there are no documents responsive to this request.”

To make sure I was getting accurate information, I asked the OCSD/SSD representative to confirm the veracity of the information, given that various VillageTen People had gone to the trouble and expense of hiring attorneys and had inquired about the status of the case stating:

I informed the representative that in addition to copies of emails sent to the Lt directly, on the subject, there have been un-answered telephone calls - such as the one below:

“I too called the Sheriff’s office several times. Each time I received information to call another person at another number. Finally, the last call had a voice response and no one returned my telephone call. I don’t think the OCSD is interested, they have more important cases and its possible they think this is an HOA dispute between management and HOA?

The response from the OCSD/SSD was” I checked again with the Lt. and he advised that there are no documents responsive to your request”

I wanted to make sure I understood how the OCSD was interpreting the California Public Records Act and asked to see if the OCSD could clarify as to how residents should go about inquiring about this case so the inquiries would fall under the PRA act, given that emails were sent directly to the lieutenant such as the following excerpt:

“I am one of the 10 residents identified to the OCSD as a suspect in the supposed burglary. My questions for Bill Griffin are: Has the case been closed? If so, has the OCSD concluded that this was a real burglary or what many residents think it is – a false report. If it is still open, what is the current state of progress? As they did in this case, does the OCSD routinely assign an investigator to look into issues prior to filing a formal report? If not, why was it done in this case? Finally, if it does, what is the status of the resident intimidation reported to Sheriff Hutchens.

Obviously, I want the case closed out and sealed. I consider this a smear by PCM to cover their own gross negligence. They lost custody of the files and improperly gave them to a resident. Then they filed this false report to cover their actions. So, it concerns me as long as this case remains open and has the names of residents connected to it”

The response from the OCSD representative? “Anyone who has questions about this case should contact the Investigator:

My response? “I have and he refused to talk to me. So did the Sgt.” and the Lt. by the way.

Conclusions: OCSD PRA stands for Purely Recycled Answers

Now how is this for running around in circles? Is this a good illustration of the OCSD Obfuscation?

How good is Government code 6250 if a department can simply deny or simply ignore?

How is it possible for the OCSD to assign and investigator prior to the filing of a formal complaint, yet ignore questions from residents directly and apparently improperly implicated in a reported burglary, then refuse to talk to the press?

The OCSD routinely asserts lame reasons to withhold information which should be routinely provided to citizens. The California Public Records Act is very clear, comprehensive, sweeping in scope and easy to understand. Public officials should be exposed and held accountable for unlawfully withholding information which must be released upon demand.

My question is why?

Is it overwork? Is it laziness as indicated by prior grand jury findings?

Is it arrogance? Is it incompetence? Is it corruption?

As one of the "Village-Ten" people, this is an illustration of how POWER corrupts. PCM implied that one or more of the ten people addressed in their "attorney letter" was involved in the illegal removal of information from the desk of one of the PCM employees. The fact that a PCM employee later found the documents in question in the PCM office area, imparts no remorse for the obvious defamation of character of the "Village-Ten." That PCM would not immediately publicly acknowledge the error in their accusation, is a measure of their moral character. How does this immoral action come about? POWER! PCM thinks that their position places them above reproach and is a common method of operation in their interaction with the Boards who, supposedly, are their bosses.

The Sheriff's department is also showing that their POWER places them above any moral requirement and gives those who they are supposed to protect, little feeling of confidence in the new sheriff that's in town.

Interesting that you bring up trust in the new Sheriff. Sheriff Hutchens has been regularly addressing the issue of accountability, begging the question: How is it that the department is held accountable? Recently top command ridiculed those they were sworn to serve and protect. All they got was a slap on the wrist. Is this what the Sheriff means when she says she is holding people accountable for their actions?

When thee county buys products and or services, they usually have at least a SOW (Statement of Work) and some sort of criteria to make sure the supplier complies with the SOW, including penalties for non-compliance. In the case of law enforcement contracts between the county and contracted cities, such as the City of Laguna Woods, there is no SOW and no compliance or accountability clause. The agreement instead is basically a menu with body count and prices. Apparently compliance is left to the state, pursuant to government code section 8546.7 - the stats has NOT DONE ANY audits on the cities we have looked at. As Jim Mora might say, accountability? What accountability? Accountability?

Can someone please explain to me WHAT "morality" has to do with the legal requirement to investigate a theft or burglary? My contention is simple. The owners at LW have had grave difficulty in viewing books and records and obtaining other items that they are entitled to by law. Well! If the residents are having sooooooo much trouble obtaining what they are "entitled to" then how the hell can they possibly get into or break into that PCM bat-cave that is shut tighter than a rat's a** to steal anything? Its utter nonsense. Furthermore, PCM has a legal duty to oversee its client's files, books, and records, most especially if there is any credit card information in there. Just read the California Corporations Code, Business and Professions Code, and other statutes that make that duty very clear. Did PCM file a police report? Did they claim off their insurance for the so-called "loss?" There is a penalty for filing a false police report, especially when coincidentally the files that were uh, um, errr, "missing" would possibly be subject to a subpoena at some point. A little itty bitty destruction of evidence maybe? Claiming a theft, as they have likely perfected that artform of scapegoating, frankly, should put a few people behind bars. Are you listening Sheriff? Sheriff, you might want to take a closer look at this just in case this turns out to one of those big test issues that dogs your career for a mighty long time. Why don't the residents of LW pool their resources and hire a top-of-line private investigator. Those guys don't pull any punches and their testimony holds up in court. If there is corruption, which it certainly smells like some rotten fish are present, these investigators sniff it out. Sometimes ya gotta do what ya gotta do and since the Sheriff isn't up to protecting its citizens, then dammmit, the citizens will have to protect themselves.

P.S. to PCM: Nice try at a dry run...practicing for the big event. Hey, residents, watch out.

Sherm:

You have a way to cut through the neoplasm and bring clarity to an otherwise obfuscated situation: Indeed, with all the Shut Up rules, rules for residents to stay away from certain common areas, and even the property management company telling the board of directors what to do and what not to do, it makes you wonder why ten residents would be singled out as probable culprits in this case - then keep treat them like mushrooms.

Sherm: "Morality" is what's left when the law cannot resolve an issue. It has been disintegrating over the past 50 years and is the main reason for many of our current economic issues. Do you really think that B. Maddoff wasn't aware of what he was doing? Power can allow one to ignore the cries for help with the response, "if you don't like what I'm doing, go ahead and sue me!" A common approach to a situation when those in power know that they have done wrong and can turn to the responsible legal entities knowing that they too are relying on their power to ignore determining Right from Wrong.

Mr. Grundke:

Adding to your point - in the cases I am covering, there is no question that a good number of the individuals involved know right from wrong - yet, for whatever reason, choose to place obstacle after obstacle, is if to say, "I will do what I like, when I like it, how I choose to do it, and there is nothing you can do about it".

Which leads me back to my original question: Why?

Is it overwork? Is it laziness as indicated by prior grand jury findings?

Is ti management priorities?

Is it arrogance? Is it incompetence? Is it corruption?

Your premise that power may have a bearing is indeed plausible.

Mr. Grundke, the "honor system" is no more. So if possible, let's stick with the hand we've been dealt in the present tense. Irrespective of whether or not someone sues or does not sue or threatens or not threatens, the LW residents many of them keep using the excuse that they are scared; cowering? frightened? who knows, but they are chickens, they've been doing alot of talk talk talk, the residents voice was supposed to be a Big deal and take care of the stuff the rest of us would not be able to do on our own, but now, the residents voice has turned into another type of board that has been paralyzed by its own people. We really expected the Voice to be a force to be reckoned with, to take the ball and really run hard. But that didn't happen. For instance, how did Milt Johns EVER get a seat on a board of directors. He doesn't own property there? How did PCM be able to get away with all the stuff that it has been getting away with? The boards just cave in, and the reason they get away with it is because the owners are not united in the sense that they are able to shout and be heard and make a difference. We don't need any more ripples, we need a tidal wave.

UNAWARENESS, Sherm!

Up until a few years ago, the only information that was available was as presented in The Globe, OC Register, or LA Times and TV 6 . Voila! Residents Voice! It was not formed to become another "Board." It has no authority or power. Its purpose was to make the owners aware of how the Mutuals are being run. We are "The Other Side of the Story." Our power comes from those Owners who object to the way our Mutuals are being run. The onus is on people like you who recognize that there is a problem.

Yes! It will take a TIDAL WAVE! The owners have to recognize how much of their money has been spent without any accountability and perhaps that will induce them to "shout and be heard." We Exposed the Credit Card and Employee Reimbursement Expenses, and Incentive Plan, the doubling of the Management Fee, and Plans to build a 3 story Clubhouse #2, are just a small part of the knowledge that we made public. Our website www.rvoice.org was created to document all of the information and is available to anyone with internet access so you too can take the information and question your Board member on what they are doing.

EGO and "The Peter's Priciple!" CotoBlogzz

Laziness, Overwork, Incompetence, Arrogance, Corruption. Priorities! All can be used to excuse Board actions. Ego is my first choice. Many Directors get on the board for the limelight. Then comes reality! They are not capable of managing a $95m corporation and default to the Managing Agent. This is well and good and would work if he was a "Benevolent Dictator (the best form of governence)." Unfortunately, our Managing Agents FIRST PRIORITY is his boss, PCM, which he readily acknowledges. That places a non-profit management in the hands of a for-profit corporation. This spells disaster and results in a Managing Agent with NO OVERSIGHT! Not the position an HOA should place themselves in.

While the question of how PCM got to yield so much power in the community is a fair question, I see this in most of the HOA/CIDs, as the property management company is usually either chartered with or "volunteers" to maintain the community's "memory" - in this case,it appears the property management company has taken extraordinary steps to legislate what residents can or cannot do - the method of choice has been board intimidation.

On the other hand, we agree with Mr. Grundke - the established media has not only been criticized for leasing space directly from the management company, but also filtering the information - the Residents Voice has consistently presented alternative views - there is no question that the tidal wave is either about to strike or is building momentum.

OCSD Obfuscation –When PRA stands for Purely Recycled Answers