Wendy Leece Asks DA For Brown Act Violation Investigation

BROWN ACT VIOLATION PROBABLE
Wendy Leece, former Costa Mesa Councilwoman and member of the Newport Mesa Unified School District Board of Trustees, yesterday asked Orange County District Attorney Tony Rackauckas to investigate a possible open meeting violation by the Costa Mesa City Council at the July 5th city council meeting.

AGENDA NOT ADEQUATE
In her complaint to Rackauckas she described the violation - neither the agenda nor the full agenda report mentioned that the council would be discussing putting an elected-at-large mayor on the November ballot - and more.  She points out that it is a violation of Government Code 54954.2(e).  You can find the Brown Act HERE.

DETAILS PROVIDED - INVESTIGATION DECISION PENDING
She went into great detail in her complaint, mentioning specifics of the perceived violations.  She has been informed that a representative of the Orange County District Attorney Office said her request would be given to the Special Assignment Investigation Department to determine if an investigation is warranted.

THE RESULT OF RIGHEIMER'S ACTIONS
This, again, is a result of Mayor Pro Tem Jim Righeimer's dictatorial posturing on the council.  He calls the shots and Mayor Steve Mensinger and lamest of lame duck councilman Gary Monahan just go along.

A PATTERN
This is the second time in the past few days when Righeimer's actions have been given official legal challenges.  The other one was Eleanor Egan's lawsuit challenging the rebuttal on the Smart Growth Initiative, mentioned in an earlier post.

RIGHEIMER IS A MALIGNANT PRESENCE
Righeimer is a cancer in our city.  He plays fast and loose with the truth and many times he just seems to be making things up as he goes along, assuming nobody will investigate and/or call him on it.  Nearly every move he makes results in legal action - apparently he just views this as a cost of doing business.  Sadly, the voters and taxpayers of this city are paying the price.  He has attempted to micro-manage every element of City government and his limited intellectual capacity and marginal managerial skills have not proven up to the task.  All that is left to him is to bully those who challenge him.   Fortunately, the November election provides an opportunity for the residents of this city to make a change and remove Righeimer's control over the agenda of this town.  By changing the majority on the city council there is an opportunity to not only stop this madness, but to actually undo some of the damage inflicted on the city over the past 5 years.

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."

Joyce Gone!

LOCAL MEDIA REPORTS JOYCE'S DEPARTURE
Late today both Bradley Zint in the Daily Pilot, HERE, and Scott Martindale in the Orange County Register, HERE, report that Costa Mesa Public Affairs Manager Dan Joyce is no longer employed by the city.

MAJOR FINANCIAL TROUBLES
As those who follow this story know, Joyce was a central figure in the now-notorious 60th Anniversary Celebration that resulted in more than $500,000 in expenses - well beyond what had been approved by the City Council.

PAID SINCE AUGUST
Joyce has been on paid administrative leave since last August.  According to the news reports, no further information on his termination is available, with officials citing personnel confidentiality.

WILL THE TRUTH NOW COME OUT, OR?
His departure brings up some interesting thoughts.  For example, now that he's gone will he tell the world what happened that caused him to be such a central figure in what was, at least, a circumvention of established policies?  Or, has he received a deal for his silence?

WHAT ABOUT THE DA?
And, even more important, what will District Attorney Tony Rackaukas - a political ally of certain Costa Mesa politicians -  do about this case?  It's my understanding that his office has had this case in its hands for several months with no apparent action taking place.  This, of course, looks very peculiar when compared to the hasty rush to judgment in the case of employee Steve White and the destroyed campaign signs.  That case - where the DA prosecuted him for destruction of about $5.00 worth of personal property - went to trial.  White was found not guilty.

WE DESERVE THE TRUTH!
So, the drama surrounding the 60th Anniversary continues to swirl.  The residents, tax payers and voters of this city deserve to know what happened and who was responsible.

Homeless Workshop, Mensinger Accused and Christine Cordon Is Back

Life is change, so tonight we can talk about some of the changes happening in Costa Mesa now.

HOMELESS WORKSHOPS DOWN TO ONE
First, although no official notification has been sent by The City yet, we are advised that the Workshop on Supportive Homeless Housing scheduled for Wednesday, January 15th, has been cancelled.  A check of the City Calendar on the website does, indeed, show that item has been deleted.  However, there remains one similar workshop the next day, Thursday, January 16th, HERE, scheduled from 6-8 p.m. in City Council Chambers.  This appears to be a moving target, so check back often to see if other changes are in the wind.

MENSINGER ACCUSED MISUSE OF PUBLIC FUNDS
Tomorrow, Tuesday, January 7th at approximately 5:40 p.m., there will be a press conference called by resident Mike Harmanos to announce the presentation of facts to the Orange County District Attorney, Tony Rackauckas, alleging that Mayor Pro Tem Steve Mensinger may have caused The City to incur costs that were appropriately those of a private organization - Pop Warner Football.  He asked the District Attorney to investigate the issue and will present evidence he says validates his claim.  This event will be held on the steps outside council chambers just before the regularly-scheduled meeting begins.

CHRISTINE CORDON BACK ON THE JOB
And, we have received word that Christine Cordon, who had been placed on administrative leave last fall, has returned to work at City Hall.  You will recall that she and Public Affairs Manager Dan Joyce were both placed on leave, apparently while questions regarding the 60th Anniversary Celebration costs were investigated.  We have no more information than that.  Her return was confirmed by Cordon.

Contemplating Calamity In Costa Mesa

 MY HEAD IS STILL SPINNING...
A few hours have passed since the Righeimers'/Mensinger lawsuit story broke and I've used that time to think about this situation a little more.  Actually, I'm still reeling as I contemplate our two highest-ranking elected officials suing the police officers of this city.  It's mind-numbing...

WHO KNEW?
An ironic twist is that, as it was breaking I had just finished a meeting at City Hall in which Mayor Jim Righeimer was a participant.  We got sat near each other and got along just fine.  I should have known something was up!  Sure wish I'd known about it then - we could have had a really interesting conversation.

 WHY NOW?
As more than a few folks have speculated in the past couple hours, the timing of this event is VERY interesting.  Was the news released today through Righeimer's pal, Frank Mickadeit, as a premptive strike on news he may have about status of the criminal investigation into that matter?  Did fellow Republican big wig District Attorney Tony Rackaukas let him know that it's going to be dropped?

EMPTYING THE WAR CHEST?
More than a few people this evening have speculated that this is just a move to drain the CMPOA of financial reserves - dollars that might have been used to campaign against Righeimer's re-election next year.  Actually, with the benefit of hindsight, that doesn't seem far-fetched at all.  The CMPOA will have to pay for their defense and the plaintiffs will have to pay their own costs.  The City should NOT be on the hook for any of that stuff.

WHAT'S UP WITH MENSINGER?
And why in the world did Steve Mensinger insert himself onto this law suit?  He wasn't involved in the event except that he was at Monahan's bar sharing liquid refreshment with Righeimer just before the event occurred.  The reports say that he feared he might be set-up by the CMPD.  Good grief!  This comes from a guy who treats traffic laws like they are merely suggestions.  Then, again, he treats most rules like that - if he doesn't agree with them he just doesn't follow them.

WHAT WILL THEY SAY?
I wonder just what Righeimer and Mensinger will say about this lawsuit?  Will say that the CMPOA left them no choice?  If so, will they remember those words as uttered a couple years back when the CMCEA had no choice but to file suit against the city to protect their rights - because they feared for their jobs.  Is that so different from this situation?  Will they see the irony in that?

RECUSE THEMSELVES?
Another interesting question posed to me tonight by more than one person - will both Mensinger and Righeimer have to recuse themselves from ANY discussions about labor negotiations involving the CMPOA?  Will they be forbidden from having ANY contact with ANY member of the CMPOA, including the sergeants-at-arms during council meetings?  I'm thinking "ride-alongs" are over for those two guys.

WHAT ABOUT GARY?
Oh, yes... what about Gary Monahan?  According to the reports, he was the target of the private investigator, Chris Lanzillo, in the first place.  If that scenario was perpetrated by the CMPOA, is Gary in fear of being set up?  If so, why is he not included in this lawsuit?  And whatever happened to that "big-busted babe" that was theoretically set to entrap him?

WHAT ABOUT THE REST OF THE EMPLOYEES?

All of our employee associations - they're NOT unions despite the fact that Righeimer, Mensinger and their sycophants constantly refer to them as such - are already feeling a lot of stress because of these two men.  What will THEIR reaction be to this news?  Will they feel equally threatened by by the fact that the mayor and mayor pro tem sued employees?

WELCOME BACK, TOM
And how will the senior staff management deal with this situation?  CEO Tom Hatch just returned from a much-needed vacation to find the 60th Anniversary issue waiting for him and now this.

RECRUITMENT NOW?
And what will Police Chief Tom Gazsi and the folks in Human Resources do now as they try to recruit new officers to fill open slots and anticipated openings later this year.  If you're a young recruit - or an old hand seeking a lateral move - will you want to join an organization that is being sued by the mayor and his pal?  Duh!  I can hear the telephone calls to HR tomorrow as candidates call to withdraw their applications.  And the city becomes a little less safe...

WHO DO THEY CALL?
And, who will the mayor and his buddy call if there's a problem in their neighborhood - Ghostbusters?  Seriously, will they have to call the Sheriff's Department for problems in their neighborhood.  Righeimer has already mentioned a "problem home" close to him... will he call Costa Mesa Police Dispatch for help?


I EXPECT DEPARTURES TO ACCELERATE
As most already know, several departures are scheduled within the Costa Mesa Police Department before the end of the year.  Many very senior officers have chosen to retire and others are moving on to what will obviously be greener pastures.  I fully expect, in light of this news, that more seasoned Costa Mesa Police Officers will choose to depart rather than remain in what has become the most hostile of environments.

JUST A DISTRACTION?
In the meantime, some folks around our community are suggesting that this may just be a big distraction to divert attention from the growing possible corruption investigation taking place at City Hall, and also from the newest problem - the installation of that decomposed granite path through a federally-protected vernal pool adjacent to Waldorf School in Fairview Park.  THAT one could bring the wrath of the federal government down upon us and actually severely diminish the City's ability to do ANYTHING in the park.

A SAD DAY...
I've been in this city for four decades and cannot remember anything like this happening before.  Thanks to the lawsuit filed by our mayor and mayor pro tem, today I became a little less proud to be a Costa Mesan.


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