Lanzillo Pleads Guilty - The Yapping Begins

LANZILLO CHANGES HIS MIND
Yesterday it was widely reported that Private Investigator Chris Lanzillo decided to plead guilty to four (4) felonies in the case involving Mayor Steve Mensinger and Mayor Pro Tem Jim Righeimer plus then-councilman Gary Monahan that occurred more than four years ago.

LOCAL MEDIA COVERAGE
You can read the details as provided by the local media, more or less, here:

• The Daily Pilot, in which Mensinger is quoted, HERE.
• The Orange County Register, in which Righeimer is quoted, HERE.
• The Voice of OC, which basically just presented a copy of the press release from the Orange County District Attorney, HERE.
• The OC Weekly's brief article which regurgitates some of the press release with their own historical information, HERE.

THE BLEATING BEGINS
Since this story broke yesterday social media has been white-hot with comments from sycophants of Mensinger and Righeimer, gloating and bleating about this "victory", and continuing to cast aspersions on the men and women of the Costa Mesa Police Department.  I cannot see the Costa Mesa Public Square page, but I suspect they got so overheated that they just had to come sneaking our from behind their barricade to other Facebook pages to spew their venom, because I can see those.  It's interesting that many of those taunting readers are current or former appointees of the Mayor and Mayor Pro Tem.  Just saying...

NO EXCUSE FOR THIS KIND OF STUFF!
I'm not going to try to replay that whole sordid affair, but I will refresh your memories a little.  And, I'm not going to try to defend what apparently was done - those felonies Lanzillo pleaded guilty to yesterday.  There is NO excuse for that kind of behavior, period!  Even if you don't like the policies of certain politicians and fear what they might do if elected - those fears turned out to be well-founded, by the way - that kind of stuff is unacceptable.

THE PREAMBLE...
The events involving the alleged attempt to entrap Gary Monahan - he chose not to involve himself in this legal battle for some reason - and the attempt to set-up Righeimer with a false DUI report have a preamble.  I've written about this before.

...HOW IT UNFOLDED
The events above occurred on Wednesday, August 22, 2012.  The day before, at the City Council meeting, a peculiar thing occurred.  Before the meeting began I notices a gent escorting folks into the auditorium and placing them strategically around the room.  I thought it was weird at the time.  As the meeting progressed it turned out that those folks were all there to speak during Public Comments about alleged problems along Ford Road created by homeless folks.  One-by-one the folks stepped up and complained about this problem.  Later, then-mayor Righeimer responded in an unprecedented manner.  He looked at Police Chief Tom Gazsi and commanded him and CEO Tom Hatch to present themselves at the Ford Road location the next day, Wednesday, August 22nd, at 3:00 to address this problem with residents!  I've never before, nor since, seen that kind of action taken place.  I thought it was strange at the time and still wonder about it today.

ADJOURNING TO GARY'S
After that meeting - Gazsi, Hatch and other staffers, plus Righeimer and Mensinger were in attendance - Righeimer and Mensinger adjourned to Monahan's gin mill at 20th Street and Newport Boulevard - just a few blocks away.  I've often wondered about probable Brown Act violations happening that day, but that's a separate story.  The point here is, from that point forward the intrigue with the private investigators unfolded.  I've always wondered if those two events were somehow intertwined... still do.

THE GLOATING BEGAN IMMEDIATELY
So, now we have the mayor and mayor pro tem gloating and their surrogates yapping like so many hyenas, pretending to speak for all residents, and all of them seem ready to string up the men and women of the Costa Mesa Police Department, even though there is NO EVIDENCE that they knew of these events, much less directed their law firm and the investigators to do them... NONE.

LET THE CASE RUN IT'S COURSE
As I've said from the beginning, I'm willing to let the legal process run it's course and let the chips fall where they may.  Lanzillo will be sentenced in January.  His partner, Scott Impola, will go to trial in March.

THE BOGUS LAWSUIT PERSISTS
And yet, the bogus lawsuit filed by Righeimer and Mensinger against the Costa Mesa Police Association - the men and women of the CMPD - continues to hover like a dark cloud over this city.  In that lawsuit Righeimer claims emotional damage, yet he's managed somehow to expand his business interests and is building a new country club mansion - apparently to sooth his frayed nerves.  Mensinger actually found a job and has finished HIS mansion across the fairway from Righeimer.

MEAN-SPIRITED, VINDICTIVE MEN
I continue to be willing to let this drama play out, but cannot understand why the mayor and mayor pro tem persist with the lawsuit, except as a tool of political retribution.  Both have demonstrated over the past half-decade that they've been in control of this city that they are mean-spirited and vindictive men.  This is a perfect example of those character flaws.  So, the beat goes on...

Hatch And Sharpnack Apologize - For What?

APOLOGY?  REALLY?

Monday afternoon, in a press release attributed to Costa Mesa CEO Tom Hatch and Acting Police Chief Rob Sharpnack, they issued an apology to Mayor Steve Mensinger, Mayor Pro Tem Jim Righeimer and Councilman Gary Monahan.  My question is - for what?  I was SO angry about this that I had to just walk away from the subject for a couple hours.  Then I wrote this...

THE PRESS RELEASE
Here's the complete text of the press release:

Joint statement from City CEO Tom Hatch and Acting Police Chief Rob Sharpnack on the Orange County District Attorney’s investigation into surveillance of councilmembers 
Posted Date: 12/15/2014

   
Recently, the Orange County District Attorney stated that the Costa Mesa Police Officers Assn. paid to have some of our elected officials surveiled in the months prior to the November 2012 election. We find this deeply concerning and will work vigorously to obtain and evaluate all information about the conduct of any involved Costa Mesa police officers, whether on or off duty, and to do so in a thorough and unbiased manner.

Close scrutiny is being given to whether, and in what manner, any member of the Costa Mesa Police Department had culpable knowledge of or aided in the surveillance of our elected officials, or engaged in any other violation of the rules, regulations and standards of conduct of the City and Police Department.

If warranted and in coordination with the District Attorney's Office to insure no impacts on its criminal investigation, an internal investigation will be initiated by the City and conducted by an independent party to provide all concerned with confidence in the completeness, fairness, and impartiality of that process. Strong and appropriate action will be taken if misconduct has occurred.

We are sorry that Mayor Steve Mensinger, Mayor Pro Tem Jim Righeimer and Councilmember Gary Monahan and their families were put in this unacceptable situation.

RESPONDING TO T-RACK

They are responding to a press release issued by Orange County District Attorney Tony Rackauckas last week, HERE, in which the arrest of two private investigators, Chris Lanzillo and Scott Impola, were arrested and charged with four felonies.

PROOF?

Nowhere in that press release by the OC DA does it name ANY member of the Costa Mesa Police Department or the Costa Mesa Police Officers Association as being culpable of ANY crime, although it does refer to the law firm the CMPOA hired to do "candidate research".  One could presume that if any member of the CMPD had been specifically implicated in the activities described in the OC DA press release they would also be charged with the crimes - but they were not.  I know several members of the CMPOA spoke before the Grand Jury and that an affidavit exists which refers to activities from that Grand Jury, although I have not personally seen the document.

ASSUMING GUILT, TAINTING A JURY?

What is very distressing to me is the willingness of Hatch and Sharpnack to ignore due process and assume that members of the CMPD are guilty - even though nobody has been charged with anything.  This stinks!  And, I find it oddly curious that Mensinger, himself, was guilty of hiring a PI to surveil employees he thought might be stealing his campaign signs.  That little activity cost Steven White his job with the city, despite the fact that he was acquitted of the alleged crime.  Talk about a double standard!

"BILL OF RIGHTS"

It seems to me that Hatch is skating on thin ice here.  Police officers are guaranteed certain rights under California Government Code Section 3300 - 3313, commonly known as the Public Safety Officers Procedural Bill Of Rights, HERE.  Section 3302 (a) states: Except as otherwise provided by law, or whenever on duty or in uniform, no public safety officer shall be prohibited from engaging, or be coerced or required to engage, in political activity."  There's much more to that section of the code, which you can read at your leisure.

WHO'S INVESTIGATING?

And, I'm concerned about just who's going to be doing this "internal investigation" Hatch refers to.  Will he contract with an outside police agency?  The Orange County Sheriff's Department?  Newport Beach Police Department?  Or, will he have members of his 5th floor hierarchy take a stab at it.

DAILY PILOT COVERAGE 
As one person commented in the thread on Bradley Zint and Jeremiah Dobruck's article on this issue, HERE, "It's a far cry from an alleged conspiracy to a conviction."  She reminds us of the many questionable actions these guys have taken and didn't even mention the more than 200 bogus layoff notices that generated a lawsuit that is still percolating in the system.

*****

UH-OH!
Then, during a pause, I found a Google alert that linked to Jordan Graham's piece in the Orange County Register, HERE, and my perspective changed dramatically.  That article refers to an affidavit, and quotes liberally from it.  Some of you may not be able to read the article because of the Register Pay wall, so I'll give you a taste of it.

CODED MESSAGES
It speaks of coded messages between investigator Chris Lanzillo and Dieter Dammeier of the law firm Lackie, Dammeier, McGill and Ethir, which had hired Lanzillo to perform surveillance on Costa Mesa politicians.  It documents the acquisition and placement of GPS tracking devices on two individuals, including now-mayor Steve Mensinger.

DIRT
It talks of digging up dirt on Mensinger, Mayor Pro Tem Jim Righeimer and Councilman Gary Monahan and quotes from the text of the report about the possible tactics to be used.

DUES
It talks about raising dues for Costa Mesa Police Officers Association members to cover the costs of the investigations and contacts between CMPOA officers and the law firm on the issue.

STAGGERING REPORT
I was distressed, figuring Graham may have misinterpreted the information, so I obtained a copy of the report to which he referred and read every word of the 27 pages - twice.  I am not a happy guy.

HARD TO BELIEVE...

As I reviewed the report I just shook my head as I read the details of the investigation - search warrants for cell phone records, bank accounts and interviews with the parties involved.  I was stunned at the actions and words attributed to officers I've come to know, admire and trust.  I find myself wanting more information - more background - that would temper the appearance of this situation.

MENSINGER QUOTE
In Graham's article Mensinger is quoted thus: 
 “Its disappointing that police officers have become political operatives with a desire to ruin peoples lives in order to achieve additional pay and benefits,” Mensinger responded Monday. “It speaks volumes to the corruption and thuggery in the Costa Mesa police union. I have to believe that rank-and-file police officers, who are fine men and women, will find this every bit as displeasing.”

DISAPPOINTED...
We don't have all the details yet, and I'm still willing to let this case run its course, but I now understand why he feels this way.  Members of the CMPOA are not talking on this issue yet, so we'll just have to wait to see if they can offer any clarification that will mitigate this situation.

THAT BEING SAID...
And, as I pause one more time before finishing this entry, I reflect on the lives that have been ruined by actions this council majority have taken.  I recall the shell-shocked look on the faces of more than 200 employees on St. Patrick's Day, 2011 when they received those bogus layoff notices - the day Huy Pham leaped to his death.  I recall Steven White, who was accused of stealing campaign signs by Mensinger and a private investigator, arrested, charged with a crime, lost his job and then was acquitted.  His life was dramatically changed by the same man being quoted above.  And I think of the dozens of employees for whom city government had become such a toxic workplace that they just left, retiring earlier than anticipated or simply finding jobs elsewhere.

NOT YOUR FATHER'S COSTA MESA
This is not the Costa Mesa I once knew.  This is not the town where I felt we were in good hands with the City Councils in charge in years past.  Today it's a town torn by distrust and divisiveness, where elected leaders overstep their authority with impunity and stifle dissent at every turn.  It's a town where employees cower at the thought of elected leaders prowling the halls at their workplace.  It's a place now where employees actively seek other jobs instead of pulling together to keep the City on an even keel.  It's a place where contractors manage operations rather than senior employees with broad institutional knowledge and a true vested interest in the success of the City.

UPSIDE DOWN!
This is a City upside down where the only department with a growing head-count is the Executive Offices!  This is a place where prison early releasees and homeless seek shelter, rehab homes proliferate, businesses are discouraged from reporting crimes or suffer fines if they do, and where our public safety organization is held in such disdain by elected leaders that they seem willing to place the entire city in jeopardy just to get back at the men and women who are hired to protect and serve us.

SPINMEISTERS AND PARTY PLANNERS
This is a City where we hire spinmeisters to paint a happy face on municipal dung heaps.  This is a place where we hire party planners to distract us from the important issues, then are aghast when events like the 60th anniversary celebration is beset with no-bid contracts, financial irregularities and other misdeeds that result in tens of thousands of dollars in cost overruns.

THEY DONT LISTEN...
This is a city where elected leaders refuse to hear the voice of the people who overwhelmingly rejected a Charter scheme, so brought it right back for another epic fail at the polls.  It's a city where leaders bemoan unfunded pension liabilities, yet do NOTHING about it.  It's a city where it feels like we are being sold to the highest bidding developers, who line the campaign coffers of certain politicians, who then change the codes to make it easier for them to build more dense housing.  It's become a city where the elected leaders don't serve the residents - they serve outside interests.

WE DIDN'T LISTEN, SO...
It's a city where, because we failed to listen to the voices that warned us about this, we now have elected leaders and our law enforcement organization in what amounts to a battle to the death.  It is not a pretty sight and it doesn't have to be this way, but it will until the voters in this town start paying attention.  I do not condone the tactics used against the current council majority, but I understand them.  This city needs a change in leadership, but I don't see that happening for two years - unless one of the majority decides to bail out early.  Until then, I expect only more of the same, which might even include a move toward municipal bankruptcy.  Stay tuned...

P.I. Lanzillo Arrested in Mensinger/Righeimer Case (UPDATED)*

LANZILLO AND ASSOCIATE ARRESTED
The office of Orange County District Attorney, Tony Rackauckas, today issued a press release, HERE, announcing the arrest of Private Investigator Chris Lanzillo and an associate, Scott Impola, for what is described in the press release as, "committing crimes against two Costa Mesa council members and a competitor attorney."  According to the press release, each are charged with two felony counts of conspiracy to commit a crime of unlawful use of electronic tracking device, one felony count of false imprisonment by deceit, and one felony count of conspiracy to commit a crime of falsely reporting crime to agency.  Both are being held on $25,000 bail and will be arraigned at a later date.  Each could face a maximum of 4 years and four months in jail, plus revocation of their private investigators' licenses.

FULL DETAILS IN THE PRESS RELEASE
The press release provides all the details of these allegations.  I won't reproduce them here.

COMPLICITY BY THE CMPOA IMPLIED
The language of the press release implies complicity by the Costa Mesa Police Officers Association (CMPOA).  That is VERY troubling.  As you will read in the press release, the CMPOA retained the law firm Lackie, Dammeier, McGill and Ethir (LDME) to do "candidate research", which apparently included surveillance on Costa Mesa city council members in the run-up to the November, 2012 election.

BAD NEWS!
This is a VERY unpleasant turn of event for the already-beleaguered CMPD, which has had the staff slashed by 30%, specialty units disbanded and its outstanding police chief, Tom Gazsi, depart for another job last week.

AWAITING WORD...
So far, no word is forthcoming from the CMPOA or their legal representatives.  I'll report more when I know more.

*UPDATE
Later in the day two attorneys representing the Costa Mesa Police Officers Association issued statements.  The first, Paul S. Meyer, said:
“The Association had the Lackie firm on retainer for years for general
legal work and administrative representation for its members. The law firm was quickly terminated when the controversy arose. The Association cooperated with the District Attorney investigation, and appreciates that the Association has not been implicated. The Association puts its members first and continues to provide strong representation.”

The second, Seymour B. Everett, said:
"The CMPOA will continue to cooperate and support the DA's office with any investigation and is confident justice will be served for all parties.  As it relates to the Mensinger and Righeimer civil action, the DA's action further demonstrates that the CMPOA did not instruct, direct or encourage any alleged illegal acts by independent private investigators hired by the Lackie firm."

CMPOA President Rob Dimel, when asked about this situation, deferred to his attorneys.

Additionally, Costa Mesa Communication Director Bill Lobdell, when asked if The City would have any comment on this issue, said: "Nope."

Interesting Juxtapositioning of Daily Pilot Letters

CMPA PRESIDENT SPEAKS OUT

By now many of you may have discovered the excellent letter by Costa Mesa Police Association President Rob Dimel (shown here with A.B.L.E. Commander Tim Starn) in the Daily Pilot, HERE.  Curiously, this appeared in print before it made the online version Sunday.  Dimel - a long-time Costa Mesa resident and former A.B.L.E. Pilot - takes great pains to define the CMPA and the role the men and woman of that organization play in keeping the city safe.

BOYD EXPECTS RIGHTS TO BE ABANDONED
Dimel's letter in the old Mailbag is accompanied by another,  by David L. Boyd of Costa Mesa.  We presume this is the self-same David L. Boyd who was just re-elected to a seat on the Orange County Board Of Education.  In his letter Boyd pillories the men and women of the Costa Mesa Police Department for what he has apparently pre-judged as their complicity in the events of nearly two years ago involving Mayor Jim Righeimer, Mayor Pro Tem Steve Mensinger and Councilman Gary Monahan.  Apparently he feels that the CMPA should not have exercised its right to appeal a recent decision in the case.  He tells us that he thinks the men and women of the CMPA - who put their own lives in jeopardy every day to keep ours safe - should just shrug off their own rights in the case.  And, I find it curious that, while this case and the issues involved in it have been swirling around for nearly two years, Mr. Boyd chose to submit his letter for publication AFTER his seat on the Board of Education was secured.  Perhaps it's just a coincidence.

LET THE TRUTH PLAY OUT

I don't know the "truth" of the whole Chris Lanzillo/Lackie, Dammeier, McGill and Ether situation.  At this point very few people do.  However, I find it upsetting that anyone should demand that the men and women of the CMPA give up their rights in this case.  If the case runs its course and members of the CMPA are found to be culpable in this situation, then appropriate punishment should be applied.  If not, I expect those who rushed to judgment to apologize.  However, I won't be holding my breath on that one.

Lanzillo Takes The 5th...

 LANZILLO EXERCISES HIS RIGHTS

According to informed sources, and verified by Daily Pilot reporter Bradley Zint in an article late this afternoon, HERE,  private investigator Chris Lanzillo exercised his right against self-incrimination today when he "took the 5th" more than 200 times during a deposition that is part of a lawsuit filed by Costa Mesa Mayor Jim Righeimer, his wife, Ilene and Mayor Pro Tem Steve Mensinger springing from events that occurred more than 18 months ago.
 
THE SCENE
You will recall that, according to some contemporaneous news reports at the time, Lanzillo was in councilman Gary Monahan's bar, Skosh Monahan's, with a female associate apparently attempting to lure Monahan into some kind of compromising situation with her.

"TARGET OF OPPORTUNITY"
Both Righeimer and Mensinger were also in the bar and, when Lanzillo saw Righeimer leave, he followed him and called the Costa Mesa Police Department to report him as a probable drunk driver.  After reporting the incident Lanzillo apparently followed Righeimer home and waited nearby in his car while a member of the CMPD - Officer Kha Bao, as it turns out, who is the CMPD's most highly-decorated DUI officer - arrived to inquire of Righeimer.  According to reports, Bao asked Righeimer to step outside, did a quick horizontal gaze nystagmus test and, based on his experience with hundreds of drunk drivers, determined Righeimer was not, in fact, impaired and left.  You can read about that kind of test at the link above.  This is only one of several so-called "field sobriety" tests used and can be used to quickly affirm that the driver is NOT impaired.  Righeimer was NOT asked to stand on one foot nor was he required to do the "walk and turn" test.  And, he was not administered a breathalyzer.

THE WIFE

According to reports, Righeimer's wife observed Lanzillo in his car and approached him, at which time he drove off.  Some reports indicate that he "attempted to run over her" - obviously not true or Officer Bao would have arrested him for assault with a deadly weapon.

RIGHTS...
So, now the drama continues.  Lanzillo, just as you and I do, had every right to exercise his constitutionally-guaranteed protection against self-incrimination.  Of course, as we've seen from this council majority, the rights of others don't mean much to them.  You can read the quotes from the various lawyers in Zint's article.

NOW MORE LEGAL MANEUVERS

There is no word at this time as to the next step in this drama.  I expect there will be other maneuverings by both sides as they work their way through the legal obstacle course.  We've been led to believe that there is a deadline imposed by the judge in the case of next Monday for more legal action.  We know that Righeimer expects to be able to be involved in the negotiations of the CMPOA contract because he said that from the dais not too long ago.  However, even if the CMPOA is removed from the lawsuit, both he and Mensinger have demonstrated clear bias against the men and women of the Costa Mesa Police Department and, in my non-legal opinion, should be barred from participating in any way.

OK, About Those Claims...

 (Photo Courtesy of Kevin Chang, Daily Pilot)

SIGH, IT'S ABOUT TIME...
Well, I suppose it's time to address the issue of the sparsely-attended news conference Thursday at the Newport Beach Superior Court held by John Manly - lawyer for Mayor Jim Righeimer, his wife and Mayor Pro Tem Steve Mensinger in their bogus lawsuit against, among others, the members of the Costa Mesa Police Officers Association (CMPOA).  You can read the Daily Pilot article about the news conference HERE.  You can also read an earlier article about the revelation that a GPS tracking device had been attached to Mensinger's truck last year HERE.

FAUX OUTRAGE
The thrust of that news conference was to (1) renew their expression of outrage that a GPS tracking device was apparently attached to the truck driven by Mensinger over a year ago, during his campaign to retain his council seat and, (2) to express new outrage that the CMPOA has asked for their legal costs to be paid by The City.

REALLY, JIM?
You'll find the comment threads on both articles to be enlightening.  Both are lengthy and include caustic comments on both sides of the issues.  I was particularly amused by the complaint of Bootlicker-in-Chief - Planning Commission Chair and President of the Costa Mesa Taxpayers Association (the OC GOP shill organization in Costa Mesa) - Jim Fitzpatrick against the editors of the Daily Pilot for (1) chosing the headline for the latest article and (2) chosing the photograph used to illustrate the event.  In actuality, both perfectly suited the coverage of the event.  I'm afraid Fitzy may be worried that someone might confuse the photo of Manly in mid-rant with him.

RECUSAL IS APPROPRIATE
In a Closed Session at the Costa Mesa City Council meeting on Tuesday, November 19th beginning at 4:30 p.m., the council will consider a claim by the CMPOA to pay the fees involved in defending themselves in the lawsuit.  It's my view that neither Righeimer nor Mensinger should be permitted to participate in the discussions or vote on that issue since they clearly have a conflict of interest and potential personal gain involved.  Neither should they be permitted to be involved in the discussions and/or vote on Consent Calendar Item #14, a decision on pay rates that involve members of the CMPOA.

LET THE LEGAL SYSTEM DECIDE
I have no idea how this will all shake out, but if it is PROVEN in a court of law that any member of the Costa Mesa Police Department was complicit in the original bogus DUI call and/or the alleged placement of the GPS device on Mensinger's vehicle, the full force of the law should be imposed on that person or persons.  As far as I know, nobody has presented proof of ANY association with Chris Lanzillo - the PI who made the Righeimer DUI call - and the CMPD.  And, as far as I know, nobody has presented evidence that anyone within the CMPD was in any way involved in the alleged GPS event.

WAIT FOR PROOF

Until then, express all the outrage you wish, but wait for PROOF before attempting to condemn the women and men of the CMPD.  Yeah, yeah - you'll say we're not condemning the rank and file cops, only their "union".  Well, the men and women of the Costa Mesa Police Department ARE the association!  There are no professional "union bosses", lurking in some smoke-filled room strategizing their next move.  When you sue the association you're suing every single member of the CMPD rank and file staff.

(Click on image to enlarge photo)

Trouble In The City Of The Arts

WEEKS LIKE NONE OTHER...
The last couple weeks will be memorable in the annals of Costa Mesa lore.  Things happened that have most likely never, ever happened before throughout the entirety of Costa Mesa's history.

IMPROPRIETIES?
For example, after a rousing success with the 60th Anniversary Celebration the end of June, it looks like there's trouble in River City.  Two employees - those responsible for coordinating the event and guiding the activities of the committee appointed to plan the event - were placed on administrative leave and, a few days later, boxes of "stuff" were observed being moved from the 5th floor of City Hall to the Police Department, a few yards away.  Nobody is 'fessing up to moving the stuff, but logic tells us that it was likely one law enforcement entity or another.

INFORMATION FLOWS SLOWLY
We do know that Public Records Requests for information dealing with the financials of the 60th celebration have been responded to very slowly, in part, apparently, because much of the information requested is buried in the bowels of that "stuff".

A REAL "WHO DUNNIT?"
And then we have the Great Trail Mystery - the decomposed granite pathway that was installed on the sly, running along the Fairview Park side of the fence between the park and Waldorf School.  There are reports of men being seen installing the path - which encroached significantly on at least one  federally-protected vernal pool.  Although he denied knowing anything about the path, when he was shown photographs of it marked with flags showing the delineation of the boundaries of the pool, Mayor Pro Tem Steve Mensinger shifted into a different mode, apparently exclaiming something to the effect, "Well, what do you expect the kids going to school to do - walk through weeds?"  So, one presumes that Mensinger had prior knowledge of the path, and that it was "all about the kids" - his mantra for almost every breath he takes.  It has been reported that folks have photos of the trail being installed, and that there may be a familiar face or two in them.  We'll see.

THE FEDS DEFENDING THE FAIRY SHRIMP

One thing is sure... now that the federal government is involved - yep, they know about this transgression and apparently are NOT happy about it - extraordinary measures will be taken to discover who installed the path, and who authorized it.  It's my understanding that penalties could range from a simple slap on the wrist and the requirement to rehabilitate the destroyed pool to much more severe penalties imposed on the city for it's failure to be the good steward of those pools as agreed upon many years ago.

THE LAWSUIT
And then we have THE BIG EVENT - the lawsuit filed by Mayor Jim Righeimer, his wife Lene, and Mayor Pro Tem Steve Mensinger against the Costa Mesa Police Association - the rank and file officers charged with keeping us safe every day.  The suit also involves Private Investigator Chris Lanzillo, the law firm of Lackie, Dammier, McGill & Ethir for which he had worked and 25 John Does - unnamed folks they may wish to fold into the lawsuit later.

THE COMPLAINT
The forty-three (43) page document includes fourteen (14) causes of action in which Righeimer, his wife and Mensinger claim significant damages arising out of the much-publicized event last year when Lanzillo followed Righiemer out of councilman Gary Monahan's bar, called the police to report him driving erratically, followed him home and observed our most highly decorated DUI enforcement officer, Kha Bao, speak with Righeimer and resolve that the mayor had not been driving under the influence.  Then, it is alleged, that Lanzillo tried to run Mrs. Righeimer down when she approached his car.  Personally, I have a hard time with that last part, since the CMPD officer was still there and certainly would have seen such an act and arrested Lanzillo on the spot for assault with a deadly weapon.

PLENTY OF ERRORS
I've gone through the entire "Complaint for Damages" several times and it doesn't take long to find mistakes in the document, including inaccurately describing the mayor's election dates and ignoring the fact that Mensinger was elected to his position.  And, adding a little amusement to the document, in Paragraph 71 the text states: "Defendants' conduct, directed towards Plaintiffs, as  described herein, especially with respect to the INCIDENT, was outrageous and extreme and beyond the bounds of conduct tolerated by civilized society.  It was carried out intentionally, or wonton disregard of the probability of causing Plaintiffs to suffer emotional distress."  I guess it's pretty serious when Chinese dumplings are involved, huh?  I guess it's too much to ask your high-powered lawyer to run a spell check program, huh?

BOILERPLATE COMPLAINT

Peppered throughout the complaint are two paragraphs, boilerplate, describing the damage done to the plaintiffs.  Examples are paragraphs 81 and 82, which read as follows:

81. Defendants' above-noted actions were the legal and proximate causes of physical, psychological, emotional, and economic damages, and damage to their reputation Plaintiffs have suffered and continue to suffer to this day.  These actions of Defendants have also resulted in Plaintiffs incurring, and will require them to incur into the future, expenses for medical and psychological treatment, therapy, and counseling.

82. As a result of the above-described conduct, Plaintiffs suffered and continue to suffer great pain of mind and body, shock, emotional distress, physical manifestations of emotional distress, embarrassment, loss of self-esteem, disgrace, humiliation, and loss of enjoyment of life; have suffered and continue to suffer and were prevented and will continue to be prevented from performing daily activities and obtaining the full enjoyment of life; have and will continue to sustain loss of earning capacity; have and will continue to suffer damage to their business reputation; and have incurred and will continue to incur expenses for medical and psychological treatment, therapy, and counseling.  They have also suffered economic business loss as a result.

THIS IS SERIOUS STUFF - IF TRUE
I don't know about you, but I think that's pretty darn serious, particularly since it's repeated over and over and over in the Complaint.  I honestly worry about the physical and mental well-being of our mayor and mayor pro tem and wonder, considering the apparent extent of their "injuries" in this case, how they can be expected to fulfill the duties of the jobs to which they were elected.  I mean, these disabilities seem very severe, which will certainly be borne out when all their medical records and financial records are subpoenaed and when they are deposed for the trial.

SHOULD THEY STEP ASIDE?
Perhaps, in the interest of their health and financial well-being, we should ask them to step down and permit those chairs on the dais to be filled with people more temperamentally suited and physically and emotionally more stable.  Both Righeimer and Mensinger have frequently complained about the pay for the hours they devote to city business.  It would seem appropriate, especially under the circumstances, that they step aside so they can devote more time to providing a good life for their families and to get their mental faculties back in order.  Of course, reading that complaint, it seems they doubt they will EVER be able to accomplish that.

WHAT ABOUT STEVE?
I don't get the damages to Mensinger, but maybe he's a very sensitive guy.  From what we know now, he was not followed home, but was left at the Monahan's bar when Righeimer took off and was followed by Lanzillo.  Is he mad because he'd have to buy his own Diet Cokes?  I guess we'll find out when he's called to testify about the damage he's suffered and the loss of income.  Doesn't one have to have a job to lose income?  Just askin'...

WHERE'S GARY ON THIS ISSUE?
And, as I read those complaints, I wonder about Gary Monahan.  After all, if we believe the story Lanzillo is apparently telling folks, he was in Monahan's gin mill with an attractive associate to entrap him into some kind of an illicit affair.  You'd think that if ANYONE should be feeling persecuted and be stressed out about this event it would be Monahan.  And yet, he is not a party to the lawsuit.  Doesn't that seem just a little peculiar?

TURNABOUT IS FAIR PLAY
And, as I read those complaints, I couldn't help think of the employees of the city who have suffered in the toxic workplace created by those two men for more than two years.  It seems to me that EVERY ONE of the phrases used apply precisely to most, if not all, the current and past employees who have had to deal with the capricious, thoughtless, heavy-handed methods those men have tried to use.  I wonder whether any of them - or all of them - have read this complaint and considered filing a similar action against Righeimer and Mensinger?  Seems like something to consider, doesn't it?

THE BIGGEST MISTAKE A LEADER CAN MAKE
All this chaos that has transpired over the past couple weeks - and, actually, for the past couple years - has made me contemplate just what kind of leaders we have trying to run this city.  I do know more than a little bit about leadership, having made a very nice living identifying and recruiting leaders in industry for more than three decades.  As I was contemplating Costa Mesa's leadership over the weekend a Facebook friend fortuitously posted a very interesting seven-minute video clip featuring several Harvard University professors and others who addressed "The biggest mistake a leader can make", which you can view HERE. But, before you click on that link, here's a sneak peak of some of the things they cited:

• Putting self-interest ahead of the best interests of the institution or organization they run.
•  Betraying trust.
•  Being certain.  If you think you know everything, why bother to listen?
•  Failure to live up to their own values.
•  Being so enamored with their vision that they lose all capacity for self-doubt and lack the ability to look at the consequences of their actions.
•  Personal arrogance  and hubris.  It's demotivating for most in the organization and increases the chances of making big mistakes.
• Acting too fast.  Step back and consult, then act.
•  When it's all about the leader, not in service of something bigger.
•  Not being authentic, consistent and predictable.
•  Not being self-reflective.  Failing to hold up a mirror to themselves and consider their impact on other people.  The worst leaders just bulldoze, plow through life, not learning through their mistakes.

DEJA VU
I watched that tape and, as I suspect many of you will, had this feeling of deja vu - like I've heard this all before.

NOT THESE GUYS
I've known some outstanding leaders in my lifetime - including some in this city - and was fortunate enough to work for a few of them.  The majority on the City Council - the people elected to lead this city - share none of the characteristics of those men and women I recognize as outstanding leaders.

WILL THEY STEP DOWN?
Perhaps Jim Righeimer and Steve Mensinger will step down to preserve their own mental and physical well-being - and to permit them to earn a living - and allow us to place true leaders in their chairs on the dais.  This city needs those kind of people in leadership roles - right now!




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