Intimidation As An Art Form In Costa Mesa

THE LATEST - AND MOST ONEROUS - SITUATION
Quashing public opinion through intimidation has become an art form in the City of Costa Mesa.  We've talked about this many, many times in the past, but let me tell you about the most recent, but probably not the last, attempt to discourage members of the public from criticizing members of the power elite in our city through the abuse of their official power to direct police activity against a resident.

TERRY KOKEN'S PARODY
During the City Council meeting on April 19, 2016 Terry Koken - who fancies himself somewhat of a minstrel/bard - stepped up as speaker #7 during Public Comments and used his three minutes to address the city council.  His was a fairly benign comment and included an offer to make the Fairview Park Initiative petition available to the council members to sign.  And, part of that time was used to sing a little ditty - a parody of an old Woody Guthrie tune,"This land is my land".  If you click HERE and scroll down to comment #7 you can hear Koken's tune for yourself.  Based on what I saw live, and later on streaming video, it seemed to me that his little tune was accepted as it was intended - a light-hearted bit of fluff for the council during a completely non-confrontational comment by Koken.  Mayor Steve Mensinger apparently thought the same, since he thanked Koken and offered a light-hearted response about "Lynyrd Skynyrd".  And the meeting moved on.

PARODIES ABOUND
Parody lyrics to that classic tune have been sung in one form or another by many people over the years, including Pete Seegar singing them to an elementary school group four decades ago.  In fact, this song has so many parodies that it's hard to keep track of them.  For example, this 17 second parody by someone named Richard Chang sounds VERY much like Koken's version.

AN ESTABLISHED CROONER
Keep in mind that Koken has crooned to the council many times over the years.  One time then-mayor Gary Monahan attempted to have him silenced, but City Attorney Tom Duarte reminded him that singing is protected free speech.  Here are the parody lyrics that Koken sang on April 19th:

This land is my land,
It is not your land,
I've got a shotgun,
And you ain't got one,
If you don't get off,
I'll shoot your head off, 
This land is private property.

NO BIG DEAL, BUT...
Now, I must admit that, sitting in the rear of the auditorium, that "shotgun" reference got my attention, but I thought no more of it because nobody on the dais appeared to take offense to it.  The mayor's light-hearted response seemed to affirm that.  However, there apparently WAS more to it based on subsequent events.

...A WARNING A WEEK LATER
A week later, on April 26th, Koken attended the Jim Righeimer/Jay Humphrey debate of the Smart Growth Initiative at the Halecrest Community Center- a packed-house event also attended by Mensinger.  After the debate was over Koken passed by Mensinger - who was a hulking presence near the exit - and shook his hand.  According to Koken, Mensinger pulled him close and made a remark about consequences of the ditty he had sung.  Another man, a political operative and known associate of the power elite, was nearby when this occurred and made a comment that Koken could expect to be contacted by the California Highway Patrol... a strange comment, indeed, so Koken just shrugged it off.

AN "INTERVIEW" BY THE POLICE
However, early the next morning, April 27th, Koken received a telephone call from Costa Mesa Police Sergeant Scott Stafford, a member of the Professional Standards Bureau, requesting to interview him.  Stafford showed up at the Koken residence a half-hour later and spent the best part of the next hour talking with Koken about the "ditty" while recording the conversation.  At one point Koken asked who generated the complaint and Stafford declined to say, even though Koken indicated the evidence suggested it was Mensinger.  Stafford declined to confirm or deny.

A VERY CONCILIATORY DISCUSSION
Following the interview, during which Stafford was very professional,  Koken showed him around and discussed his woodworking projects.  It was all very conciliatory and after the tour Stafford left.

OH, YES... ANY GUNS?
An hour or so later Stafford called Koken and said, "I forgot to ask you one question.  Do you have any firearms in the house?"  Koken answered, "I don't publish that information."

ENTER THE LAWYER
Based on that last conversation Koken suspected there may be a search warrant in the offing, so he contacted an attorney and briefed him on the situation.  He was told that no judge would issue such a warrant.

INTIMIDATING SIGNATURE-GATHERERS
Koken subsequently told me of an attempt to intimidate Koken and compatriots as they sat behind a table in a booth at Fairview Park, collecting signatures on petitions for the Fairview Park Preservation Alliance.  A Code Enforcement officer observed their signs from a distance, then drove into the park and stopped near the booth.  She was observed photographing the signage, then approached the booth.  She offered no criticism, nor did she cite them for any irregularity.  When she was asked why she was there she told Koken and his associates that "the mayor had requested her to investigate them."  As you might expect, this had a chilling effect on them and might have had an even more chilling effect on folks who might be inclined to sign the petition.  And this is certainly another abuse of the mayor's power.

CONVERSATION WITH THE COPS
I've had a conversation with Koken and he also provided me with written details of these encounters.  Subsequently I contacted members of the Costa Mesa Police Department to, 1) understand the process by which an officer would be dispatched to interview a resident and, 2) to find out who made the request.  Following those conversations, including a very cordial, helpful and professional conversation with Chief Rob Sharpnack, I'm comfortable that the members of the CMPD involved simply followed the proper protocols.  They received a complaint, investigated and, once the report is complete, it will be discussed with the District Attorney.  And nobody is talking about who initiated the request.  Apparently this information is only available after there is a resolution to the situation.  Based on the circumstances portrayed to me by Koken, I suspect it was Mensinger, who has a long-established record of attempting to intimidate folks with opposing views - but don't know for sure.  At some point in the near future a Public Records Request may be submitted to fully flesh-out this situation.

STEVEN WHITE
Do you recall the now-infamous Steven White case?  White, an employee of The City, was accused of stealing campaign signs during an election in which Mensinger was running for City Council.  That bogus claim cost White his job, but he was found not guilty of the alleged crime in court later.  At the time Mensinger was apparently on a stakeout with a private detective observing whomever it was doing the sign theft.  White has occasionally showed up at recent council meetings and is clearly not a happy man because of that situation.

TRYING TO SHUT ME UP
Some of you may recall the attempts by Mensinger and his pal, Mayor Pro Tem Jim Righeimer, to intimidate me a few years ago.  Each of them, individually, had an attorney - a guy who was married to Righeimer's sister-in-law at the time - write to me telling me I couldn't write about either of them in certain circumstances.  Well, I understand a little about SLAPP suits and told him as much.  I never heard from him again, but it's another good example of their attempts to intimidate opposing views.

DISCOURAGING PUBLIC COMMENTS
In fact, they have institutionalized the process in City Council meetings by bifurcating Public Comments - restricting the time during which folks can exercise their rights to air grievances to a short span at the beginning of meetings.  Those remaining would be required to stay to the VERY end of the meetings - sometimes well after midnight - to express their views.  Most do not, so that practice has been effective in quashing critics.

RIGHEIMER'S ANTICS
And, of course, there is the persistent practice by Righeimer, in particular, of interrupting speakers in the middle of their comments, spitting back jibes at them as they depart the speaker's podium and calling them out by name.   They also use valuable time to rant on and on during Councilmember Comments to rebut critics.  This kind of intimidation discourages some speakers from taking the time - and risk of ridicule - to address issues they feel are important in the community.

THEIR OWN PRIVATE MUSCLE
You may recall how Righeimer and Mensinger formed a special Code Enforcement unit to work on their own pet projects - like adding enforcement muscle to encourage owners of "problem motels" to "reassess the value of their properties" - which would make them available to their developer-buddies at a price that could guarantee a healthy profit.  That Code Enforcement group has now been combined with the main group, but Mensinger apparently continues to use it as his own little private enforcement group.

WILLING TO ABUSE THEIR POWER
Righeimer and Mensinger have demonstrated throughout their political careers that they are more than willing to abuse their power, bend the rules and to intimidate folks who oppose them.  Righeimer, in particular, will leap upon any pulpit he can find - radio, television or in the print media - to burnish his position.  And, some of recall his very attempt to throw his weight around when, as a planning commissioner, he barged into the middle of a DUI Checkpoint, demanding answers.

A DELICIOUS IRONY
Here we have a situation where a member of the CMPD was dispatched based on "somebody's" claim that a misdeed - a threat - was done by Koken.  Contrast this to the bogus lawsuit filed by Mensinger and Righeimer - a lawsuit that still lingers like a dark cloud over the city to this day - in which Righeimer was reported to be driving in a manner suggesting he was impaired - he did come from a bar, after all - and a member of the CMPD was dispatched to interview HIM.  During that 90 second interview, Kha Bao, our most distinguished DUI officer, quickly determined that he was NOT impaired, apologized for the inconvenience and left.  However, Righeimer and his wife still filed a lawsuit against the men and women of the CMPD.

LEGAL ACTION PENDING?
I find myself wondering if Koken is considering any kind of legal action against those responsible for this situation.  It's my understanding that he's awaiting a return call from the American Civil Liberties Union (ACLU)

VOTERS BE ADVISED...
It is clear that powerful members of the elected leadership of this city continue to be ready, willing and able to throw their weight around to intimidate residents who choose to speak out or otherwise show disagreement with them.  So, good people of Costa Mesa, be advised... as long as you elect folks like this to your city council you can expect intimidation and rule-bending.

REMEMBER IN NOVEMBER

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...

Only One Surprise At Planning Commission Meeting

SHORT AND NOT-SO-SWEET
In a Planning Commission meeting that lasted just over 2 hours there were very few surprises.

NUMBER 1 CONTINUED
The Public Hearing for a Conditional Use Permit for a church at 1901 Newport Boulevard was continued until the meeting of November 10th.

ITEMS 2 AND 3 PASSED
Both Small Lot Developments on the agenda were approved with minimal modifications to the terms on the staff reports.  Both were praised by the planning commissioners as precisely the kind of projects the Small Lot Ordinance was intended to facilitate - with plenty of parking and open space and virtually no deviations or variances.  Of course, nobody mentioned that the Small Lot Ordinance did away with the items that required variances - those protections in the municipal code to protect the character of our neighborhoods.  Now we'll just be cramming more and more dwellings on small lots and smile about it.  Both items passed on 5-0 votes.

HEALTH CLUB APPROVED, TOO
The final item on the agenda was the proposal to install a health club in the corner of the KMart Plaza Shopping Center.  Everyone was giddy over this one, too.  The representative pitching this plan was Bill Fancher, who lives over near Mayor Jim Righeimer and who was on the Charter committee.  The commission passed this one on a 5-0 vote.

STEVEN WHITE SPEAKS OUT
Perhaps the most uncomfortable moments of the evening came at the hands of former employee, Steven White.  He used his three minutes to castigate members of the commission and actually demanded to know who was responsible for what he called slanderous comments made about him on the Costa Mesa Taxpayer's page.  Chairman Jim Fitzpatrick is the President of that group.  Colin McCarthy is a founding member and past president.  As expected, he received no answers to his questions/demands.

THAT'S ALL FOR NOW
So, that's it until after the election.  The next Planning Commission meeting will be on November 10th.  The next City Council meeting will be on the 17th.  In the meantime, we can all just immerse ourselves in the nastiest political season in recent memory.

 WHY NOT RIGHEIMER?

And, if you want to know why I won't be voting for Jim Righeimer for City Council, read what I wrote recently HERE.

News Doesn't Wait For Me!

YIKES!
Geez, I take my lovely and very patient wife on a little birthday excursion - much-needed by both of us - over the past weekend and all heck breaks loose (literally) back at home!

WHITE NOT GUILTY
It's hard to decide what's the most important news item locally that broke while we were gone to our favorite big city, but I guess it would have to be the story about the jury in the Steven White sign theft case finding him NOT GUILTY after a very short 3-hour deliberation.  You can read Jeremiah Dobruck's article, "Accused sign vandal found not guilty", including viewing the video clip, HERE.

VINDICTIVE
In my view, this is just another example of terrible judgment by members of the Costa Mesa City Council - in this case, Mayor Pro Tem Steve Mensinger.  The fact that he actually hired a private investigator to stake out a specific batch of campaign signs and video someone destroying them is bizarre.  And, it's unclear whether Mensinger was in the car with the PI while this video was recorded.  If so, why?  For $5.00 worth of signs?  Of course, when you're out of work for a long time, every penny counts, right?  No, this was just another vindictive move on Mensinger's part - much like the bogus lawsuit against the men and women of the Costa Mesa Police Department - that demonstrates how unqualified he is to hold a public office.

SOME NOT SATISFIED
I did not attend the trial so did not hear the testimony.  However, the video was shown and it did not convince eight jurors of White's guilt.  The comment thread on Dobruck's article is fascinating.  More than a few commentors, including at least one elected official, are apparently unwilling to accept the result of the legal process because it doesn't agree with their opinion.  Sad, indeed.

WILL HE SUE?
Now White gets on with his life, unless he plans legal action of his own, and Mensinger and his cronies will moan and cry about the "unfairness" of this decision for months.

FOOTBALL FIASCOS
The second big story that broke while we were gone is Bradley Zint's excellent piece titled, "Hatch alleges Friday Night Lights misled city", HERE.  This story is part of the whole Friday Night Lights Football/Matt Leinart Football drama that has been playing out over the past few months in Costa Mesa.

HATCH'S COMMENTS
While I'm certainly concerned about the possibility of someone defrauding the City, as is alleged in this article, for me the greater concern is the position taken by City Chief Executive Officer Tom Hatch regarding former Recreation Manager Bob Knapp as quoted in the article.  As you will see when you read the article, Hatch is quoted by Zint as saying, "I believe Bob Knapp Knew that the letter was not accurate and that he did not investigate it further to help his friend." So, is he saying Bob Knapp committed a crime?  Did he misuse public funds?

KNAPP'S REPLY
Knapp, of course, denies any improper behavior and, according to Zint, describes the memo from Hatch that Zint reviewed for the story, "a 'smear' attempt to use him as a 'scapegoat for the poor decisions of others'."  Zint further describes Knapp's response, quoting him thus: "Knapp called the allegations'very disppointing, and I think it's a real true sign of the nature of leadership in our city.' 'And I don't mean the council, I mean the fifth floor [of City Hall],' Knapp added, a reference to where the city's top management keeps offices."

AND, THE "LEINART" THING...
The article also describes the event that apparently caused Knapp to resign the job he held for eighteen months - the ouster of long-time Group 1 softball players from their scheduled time at the TeWinkle Sports Complex for Matt Leinart's Flag Football program.  I watched some of the discussion of that situation in City Council chambers and recall feeble excuses that the softball group "didn't lose their field, they had a choice of five other nights during the week" when Leinart's program was given their favored Friday night slot.  Lame, to say the least.

THIS STINKS!
All this stuff just reeks.  The pungent odor of rotting management permeates City Hall.  This kind of decay starts at the top and it certainly should cause the residents of this community to be more than a little concerned about the strength of the senior leadership of this city.  Of course, some of that may be due to pressure being applied by a city council majority with warped values.  I was aghast when Hatch threw Knapp under the bus on this issue.  He should have said NOTHING about Knapp in this situation, and may have placed the city in legal jeopardy by making the comments above.

COSTA MESA UNITED
I find myself wondering about the relationship between Costa Mesa United, where Gordon Bowley - Knapp's father-in-law - plays such a big role, and the city leadership as we move downstream from this debacle.

AN EXCLAMATION POINT!
And, maybe as an exclamation point to all this stuff, Friday night the region had another earthquake! HERE.  We were more than 100 miles away but my sweet wife heard the hotel "crackle" at the time the biggest quake hit.  Yikes!

MORE LATER
Another interesting week ahead.  More on that later.  It's nice to be back, but it was VERY nice to take a short break from all this crap.