Monday, April 02, 2012

Charter Appeal Denied!

In a bit of late breaking news this afternoon the 4th District Court of Appeals ruled that the petition for peremptory writ of mandate and request for immediate relief in the case of Folcik vs. Orange County Registrar of Voters is DENIED! You can read the docket Register of Actions on the issue HERE.


Of interest, as you will see, is that the City attempted to substitute Assistant CEO Rick Francis "in h
is official capacity as City Clerk of Costa Mesa" on the lawsuit. That's the first we've heard about this and find it interesting that, since Julie Folcik was the plaintiff, my understanding is that SHE must agree to that substitution. As of late this afternoon - well after this move - she did NOT even know about it.

So, it appears that J
im Righeimer's Charter WILL NOT be on the June Ballot. I cannot imagine anyone trying to appeal this further - to the State Supreme Court, for example. Communication Director Bill Lobdell was not available for comment tonight - his voice mail box was full. Gee, wonder why?


Thanks to the several readers who sent me the information about the decision. This i
s certainly a good news/bad news situation. The good news is that this bogus charter will be at least delayed a few months. The bad news, of course, is with the naming of Francis as City Clerk, that Julie Folcik will lose her job because of this mistake. That's a shame. Even more of a shame is how she has been treated by The City in this matter. The way she was treated by the lawyers theoretically representing HER is unconscionable - and maybe illegal. I suspect Folcik will seek her own legal counsel in this matter.

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Anonymous Cheech said...

I don't know if you have ever been in the situation where you've seen a bus rolling down a hill with the driver totally out of control, brakes are gone and the driver who had little skill to begin with is fighting the wheel careening off everything in sight wrecking everything on both sides of the road. You are praying no one dies, either on the bus or innocent bystanders but it is almost inevitable. Well hold on, let's hope we can get this bus stopped before it takes out to many innocent people and falls off a cliff.

4/02/2012 08:11:00 PM  
Anonymous Rusty said...

So glad to hear this, the dumb Charter shouldn't have even been an option for the June ballot, seeing as it was going to cost the taxpayer more money than waiting for the November election.

4/02/2012 08:46:00 PM  
Blogger just wondering... said...

Depending on what really happened, she may have a very good lawsuit. Only time will tell, I suppose. I wish her the best, and know she will land a job with a better bunch of bosses. How can she help but not?

4/02/2012 08:52:00 PM  
Anonymous Tom Egan said...

Re Rick Francis apparently being appointed City Clerk ...

I can’t see Francis actually doing the work of a City Clerk, can you? Is he going to sit down in the well like Julie and type away all night, reading out loud the titles of agenda items, and recording who has a green light up and who a red one?

My guess is still what I wrote in a comment to the Bubbling Cauldron post, “It’s ‘Simmer Time’ Again,” Wed. March 28:

“If they fire Julie Folcik and stay true to form, they'll outsource the job to a consultant or possibly a temp agency. Whatever it is, it won't be another public employee, because their gig is to reduce the number of public employees, the national GOP goal.

“Hatch or Francis could sign off on the temp clerk's work to make it legal, so they could keep this up for a long time.”

Of course, this maneuver won’t change the effective head count; it will only yield a different kind of employee doing the same work ... but with one less employee in PERS. Hmmmmm.

4/02/2012 09:13:00 PM  
Anonymous Francis can now earn his keep said...

Well at least Francis will actually have something to do if he is really going to assume the role of City Clerk. I guess coming in late and taking long lunches is a thing of the past. Now if only they could find something for Lobdell and Joyce to do.

4/02/2012 09:29:00 PM  
Blogger Joe said...

This will give the people of Costa Mesa enough time to understand the charter and how its passage would empower the Righeimer Gang and future despots.

I'll be voting NO.

4/02/2012 10:20:00 PM  
Anonymous Bell Ringer said...

Rick Francis.. whom from McDonald's Manager to City Clerk... you have got to be kidding... Pulllleessse

4/03/2012 04:58:00 AM  
Anonymous Yippie! said...

"We" find it amazing that the anti charter folks proclaim Julie as a victim. This charter was the talk of the town, clerk was reminded of deandlines, she is charged with submitting the paperwork and FAILS to do so. As much as we like Julie, there is no other way to view this other than a significant professional failure is there? Please, someone explain why it is not. A victory, temporary at best, for anti charter folks does not make clerk blameless. We expect a charter vote before November, the people cannot be denied.

4/03/2012 06:15:00 AM  
Anonymous Mike M said...

You can't imagine they'd appeal to the State Supreme Court? I'm surprised. They'd take it to the US Supreme Court if they had the time. They won't go down without a fight, spending more of our tax dollars that they said we don't have. Blind leading the stupid, these guys...

4/03/2012 06:24:00 AM  
Anonymous OCGOPfan said...

Mr. Egan says the GOP goal is to reduce the number of public employees? Awesome, I will vote a straight GOP ticket then.
Don't go to cm4rg for facts, just for distortion and vile comments. Still waiting to hear the names of the 10 out of 14 recent charter cities that used committees Humphey talked about. He said just a quick look could find the info but he still can't name the cities. Are they in the USA? California? So much for facts. Add in Egan and his wild imagination of all sorts of illegal activities that MIGHT happen and what you have is a group of malcontents willing to do/say anything to keep unions in power.

4/03/2012 06:26:00 AM  
Anonymous Gangthatcouldntshootstraight said...

ocgopfan aka riggy himself:
"Don't go to cm4rg for facts, just for distortion and vile comments."


I'm losing, I'm scared. Now I have to move to another city and try out my silly methods there. I'm not a cost cutter, I'm just an extremist who will squander your money on big lawyer bills. Nobody believes my scapegoating of the unions anymore. Most people know now that the average union member has better work skills than me. Call me SpendBoy.

4/03/2012 08:42:00 AM  
Blogger Mike H. said...

The 10 of 14 California cities that used citizens commissions are:

El Centro, 2009
Lemoore, 2000
Lindsay, 2005
Marina, 1998
Norco, 2003
Port Hueneme, 1996
San Ramon, 1997
Santa Maria, 2000
Santee, 2009
Woodlake, 1999

Which has been posted on the CM4RG site since March 11th.

My apologies for taking a little more than 2 hours to respond.

4/03/2012 08:44:00 AM  
Anonymous Foresight said...

Did Foley and company ever consider that winning this battle would cost Folcik her job?

4/03/2012 08:54:00 AM  
Anonymous Supporter! said...

Hey everyone, lets just lay off Righeimer alright! The man has a distinguished resume. Here should be his new Campaign Slogan:


Friend to attorneys

Bankruptcy specialist

Failed politician in Huntington Beach and Fountain Valley

Was able to dupe the simple minded people into voting for me in Costa Mesa!

Charter Scheme expert! (To be determined in November 2012)

Pension Reform expert (Oh wait, never mind, hired new personal with PENSIONS) Which leads us to the next segment


....and a lover to all animals!

So Vote Righeimer!

4/03/2012 09:36:00 AM  
Anonymous OCGOPfan said...

thanks Mike. No hurry to respond but do you know if these are truly in the group of the last 14 cities to adopt a charter? Do you know where to look this up, would one have to go through the cities 1 by 1?

4/03/2012 09:37:00 AM  
Anonymous Finally people get it. said...

To OCGOP plan

It's about time people finally get what this is really about. This was never about pensions, the economy or salaries. Those were just convenient tools for the far right use in Righeimers lifelong crusade to eliminate a campaign funding source for the democrats.

That is all this was ever about. Giving Republicans a better chance to be elected by crippling Democrats funding.

It's not even a just cause in Righeimers head. It's simply revenge because he was defeated 2 times in School Board elections in the mid 1990's by what he claims was union backing.

That is all this laying off employees has ever been about. Less money for the democrats.

This is why they do not want to save jobs by negotiating with the employees. Reforming pensions and overtime doesn't eliminate union dues that help support mostly Democrats.

Even the supporters are starting to admit what this is really about. Politically driven revenge by a little man scorned way back in 1990's.

4/03/2012 09:37:00 AM  
Anonymous Equal blame said...

It's simply gross incompetence on upper management if this charter was of such importance they were not on top of the situation that entire week.

Daurte, Hatch and Folcik all deserve equal punishment.

Out here in the private sector all 3 would either be canned or reprimanded.

4/03/2012 09:46:00 AM  
Anonymous Mike M said...

Yippie - 'We expect a charter vote before November, the people cannot be denied'... um, you just got denied. Sorry to break that to you.

4/03/2012 10:34:00 AM  
Anonymous Yippee! said...

We realize that the charter is off June ballot, not breaking news, and not unexpected news. We still expect the charter to be voted on before November however.

4/03/2012 11:01:00 AM  
Anonymous What it really is all about said...

Finally people get it - so that is what this is really about! Keeping the Democrat party funding intact - through union dues automatically deducted from public employee paychecks.
Fascinating. You attack the GOP by lauding a much more insidious Democratic hallmark.

Do you even think about what you post, or just fire off talking points on cue?

4/03/2012 11:16:00 AM  
Anonymous just...asking? said...

most cities have person with the title of assistant City Clerk attached to their actual role. This allows them to stamp and submit documents when Clerk is unavailable. Would assume the same would be true in CM, although they don't follow suit on much else they do.

4/03/2012 12:33:00 PM  
Anonymous Sam Grady said...

Yippee said 'We expect a charter vote before November, the people cannot be denied.'

Wrong Yippee. The earliest the charter can be voted on is the November 6, 2012 General Election and you charter supporters will be denied.

4/03/2012 01:01:00 PM  
Anonymous Sam Grady said...

Mike H, you forgot to list Buena Park who used a charter commission to draft its charter, which was approved in 2006.

4/03/2012 01:08:00 PM  
Anonymous Mike M said...

Help me out here - if the charter is not on the ballot in June, but you expect a vote before November, is there some super-secret special election planned? What am I missing?

4/03/2012 02:13:00 PM  
Anonymous An Honest Observation said...

In all honesty, I've never seen so many mentally ill or dysfunctional people gathered in one spot in my entire life! Bubbling Cauldron seems to attract them.

Most, if not all of these comments are rolling off the tongues and fingers of our village idiots. Thank God most Costa Mesans can think for themselves because this kind of thinking is extremely self destructive.

4/03/2012 02:20:00 PM  
Anonymous Pot Bellied Rig said...

This is great news for all the anti-Riggys people out there. Can you imagine the amount of steam that shot from his bloated ears when he heard the news of this. HaHa.

4/03/2012 03:23:00 PM  
Anonymous Mike M said...

And yet, here you are, Honest Observation. Welcome to the club. But as far as thinking for ourselves, at least our comments aren't written, vetted and approved by Riggy and his crew. Good day!

4/03/2012 03:46:00 PM  
Blogger Joe said...

Now riddle me this:

Where have we heard talk like this before?

A person built like Rush but shorter, with nowhere near his assets or cleverness..

4/03/2012 04:12:00 PM  
Anonymous And away goes money down the drain said...

looks like Yippee! nailed it. the Mayor just requested CEO Hatch to report back about the possibility of a charter vote before November.

4/03/2012 07:22:00 PM  
Anonymous Finally people get it said...

to What it really is all about
Thank you for showing you are not very smart. Do you even know the definition or idea of a talking point.

My comment and reference was the opposite of a talking point. I guess I shouldn't expect someone of your obvious intellect to understand these things.

I'd ask you to please show me where I lauded Democratic Hallmark but I am pretty sure you would just once again make up some lie.

I never made a comment in support of any of this. You as your types mostly do tried to make it look like that. My comment clearly pointed out people are starting to get what is really behind this for Righeimer. Never did I laud or use a talking point. You are pretty funny though.

4/03/2012 08:51:00 PM  
Anonymous PACs vs Unions said...

Righeimer is against Unions because they control the city through electing officials sympathetic to their causes.

Look at the previous councils over the last 20 years. Can you find one that was more liberal than conservatively controlled. You can't.

But what is truly amazing is Righeimer has no problem setting up PACs to support him when he runs for elections.

In 1996 Righeimer ran for the OC Board of Education. He was endorsed by the Education Allaince. Does anyone know who was one of the founders of the Education Allaince.

You got it... Jim Righeimer.

1996 LA Times... Six challengers and three incumbents will bid for the three available seats on the Orange County school board. This year's contest has taken on a higher profile because three of the challengers--James Righeimer, Ken Williams and Eric H. Woolery--are backed by the conservative political group Educational Alliance.

Now google Righeimer and Educational Alliance

4/03/2012 09:06:00 PM  
Anonymous Was he right or what? said...

Sage.... Gericault says:
September 25, 2010 at 9:40 am
Righeimer went out and lost his temper again. I’ve seen him do it before. During the Great fairgrounds swindle . of which Jim had a huge part in. It was before a Fair Board meeting back in Nov. 2009. He screamed at me and pulled his, “Im the Costa Mesa Planning Commissioner” …..I replied , “Good,…than you serve me”, because I’m a Costa Mesa resident. That calmed him down somewhat.
Obviously, though he didn’t learn anything from it because he went on and bullied others throughout the city using the same ploy.

Then he pulls it on uniformed police performing thier job. This had nothing to do with Union pensions. This had everything to do with Righeimer demanding what Righeimer wanted , using bullying, threats, and his self. assumed position of power. Screw him .

You vote for Righeimer and this city will be held hostage. We will be ruled by the political programs dictated by outside political PACs and interest groups, with little regard for this cities governance or benefit.
It’s what they do……….Research the Family Action PAC led by one of it’s founders Jim Righeimer. Check out the Education Alliance PAC that resulted in the Capo Unified School strike , founded once again by Righeimer. There is a reason he lost against Harman for the 67th assembly seat. Righeimer fought that one all the way to the CA. supreme court. Then he ran for the Fountain Vally city council …..but those voters said NO! too. Then he moved to Costa Mesa and ran for our city council but once again ,the voters said …NO!…….Now he’s running again….only this time he has $75,000 in his campaign war chest funded by……. you guessed it……..Action PACs! I guess this three time loser , thinks money will make the difference.

Costa Mesans of all political persuasions……I implore you. Say NO! to political interests groups taking over our city. Say NO to Righeimer!

4/03/2012 09:59:00 PM  
Blogger Gericault said...

Sometimes it sucks being right.......

4/04/2012 08:31:00 AM  

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